APL to Appeal Federal Court Ruling on Australia?s Quarantine Regulations

October 10, 2005 — 

Australian Pork Limited (APL), representing Australia's pork producers, has decided to begin the process of appealing the recent Federal Court ruling supporting the Australian government's regulations regarding pork imports.

Last month the Full Bench of the Federal Court of Australia overturned a lower court ruling which banned the issuance of import permits for pork and pork products derived from PMWS-positive countries. The Federal Court ruling supported the Australian government's implementation of regulations governing the importation of pork products based on an extensive risk assessment undertaken to evaluate the risk of spreading PMWS to Australian swine herds via pork imports. The lower court's ruling basically stated that any level of risk was too great to allow continued imports which could place the Australian pork industry at risk. Although porcine circovirus type 2 is known to exist in Australia, PMWS has not been reported.

APL will now seek Special Leave to appeal that decision to the High Court of Australia. This is the first of a 2 part process necessary to have the case heard before the High Court.

[Ed. All indications are that pork imports and the issuance of permits will continue pending resolution of the appeal process. US pork producers are on target to exceed $50 million in exports to Australia in 2005, the first year imports have been allowed.]

Source: APL http://www.apl.au.com/media/High%20Court%20challenge%20launched%2Edoc