Phytosanitary compliance and lack of pest-risk testing barred confiscation of imported green peas and related penalties.

Imported fresh frozen green peas were subject to confiscation proceedings, but the operative compliance requirement in the EDI system was the phytosanitary certificate, and that certificate had been produced. In the absence of any pest risk analysis test or equivalent laboratory report showing pests, insects or fungal infection, a general bio-security objection was insufficient to support confiscation. The available phytosanitary certificate and public health material supported the view that the goods were pest-free. On that basis, the redemption fine and penalty were not sustainable, and relief was granted against the customs action.

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Issues: Whether confiscation of imported fresh frozen green peas and the consequential redemption fine and penalty were sustainable when the importer had produced the required phytosanitary certificate but the requested pest risk analysis test was not carried out.

Analysis: The compulsory compliance requirement shown by the EDI system was the phytosanitary certificate, and the importer had produced the certificate issued by the country of origin. The customs and plant quarantine authorities relied on a general bio-security objection, but no test or pest risk analysis report was obtained to establish that the goods contained pests, insects, or fungal infection. The earlier interim direction had specifically recognized that the issue could not be concluded without testing and that the importer should be given an opportunity to have the samples examined by a recognized laboratory. In the absence of the requested test, adverse reliance on the general quarantine advice alone was insufficient. Other material on record, including the phytosanitary certificate and public health report, supported the conclusion that the goods were pest-free.

Conclusion: The confiscation and the imposition of redemption fine and penalty were not sustainable, and the appeal was allowed.

Final Conclusion: The order-in-appeal was set aside and the importer was granted relief against the customs action.

Ratio Decidendi: Where the prescribed import compliance has been met and the alleged bio-security objection is not supported by a pest risk analysis or equivalent testing, confiscation and consequential penalty cannot be sustained merely on a general quarantine objection.

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