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The Adverse Sampling Compliance Policy addresses cases where microbiological sampling during adverse conditions does not meet the requirements of Harvest Area Management Plans for NSW estuaries.
This policy was introduced to:
- systematically and consistently address adverse sampling non-compliances
- provide clear information about compliance expectations and outcomes.
Why adverse sampling is required
Adverse sampling strategies are designed to assess the impact of adverse pollution conditions.
Adverse conditions are determined by environmental changes that have previously caused elevated microbiological results in the harvest area.
Adverse condition sampling is essential to:
- support shellfish harvest area classifications
- maintain access to export markets
- ensure food safety within a high-risk industry.
Actions for non-compliance
At least 5 adverse samples are required each year per harvest area.
The NSW Shellfish Program evaluates the samples collected as part of each harvest area’s annual review. Following the review, written guidance is provided to local shellfish program coordinators and committee members.
If a local shellfish program does not collect the required samples in accordance with the harvest area management plan, remedial action will be taken based on the levels outlined in Table 1. This may include the addition of monthly sampling during the open status or a downgrade to the harvest area management plan.
Table 1. Action on non-compliance with the adverse sampling specified in the harvest management plan
| Timeframe | <90% Compliance | <60% Compliance | <40% Compliance |
|---|---|---|---|
| 1 year | Warning letter advising that monthly sampling may be implemented. | Warning letter monthly sampling to be implemented at next review. | Monthly sampling implemented. |
| 2 consecutive years | Warning letter monthly sampling to be implemented at next review. | Monthly sampling implemented. | Monthly sampling implemented and management plan downgraded. |
| 3 consecutive years | Monthly sampling implemented. | Monthly sampling implemented and management plan downgraded. | Maximum Restricted classification. |
| 4 consecutive years | Monthly sampling implemented and management plan downgraded. | Maximum Restricted classification. | Prohibited classification. |
| 5 consecutive years | Maximum Restricted classification. | Prohibited classification. |
Notes:
- Compliance is calculated as an average of Number of adverse samples collected / Minimum of 5 adverse samples and Number of adverse rainfall samples collected / Adverse rainfall sampling opportunities.
- Management plan downgrade may consist of a reduction in closure triggers or classification status.
What to do
To maintain the adverse sampling dataset, each local shellfish program should:
- collect a minimum of 5 adverse samples per year. Sampling requirements are outlined in the harvest area management plan
- prioritise adverse rainfall conditions identified in the harvest area management plan
- focus on holiday periods, spring tides and other unusual environmental conditions during prolonged dry periods
- target adverse conditions during seasonal closures to maintain the dataset
- track sampling compliance. The Coordinators Handbook includes a calendar to assist local programs to record when samples are collected
- sample as per the current requirements. Samples must be collected at all sites specified in the harvest area management plan, in accordance with the NSW Shellfish Program Sampling Policy, by accredited samplers.
Local Shellfish Programs with an overall compliance rating of 90% or greater are deemed to be compliant.
Maintaining an estuary’s adverse sampling strategy helps support a strong compliance record. This is a requirement of the Harvest and Hold Scheme, and is also important for securing and maintaining export market access.
More information
- Shellfish
- NSW shellfish industry manual (PDF, 647 KB)