The Australian apple industry has expressed its concern at Biosecurity Australia's (BA) decision to throw out its appeal on allowing Chinese apple imports into the country, after the verdict was handed down late on Friday.
Apple and Pear Australia (APAL) general manager Tony Russell described the decision as "perplexing", and claimed that BA's import risk analysis still makes no mention of a known pest, which has already stopped US table grape shipments to Australia this season.
"It's a bit perplexing to us that it (the appeal) was overturned," Mr Russell told Fruitnet.com.
"We believe that there are very sound reasons that our appeal should have been upheld because the IRA didn't consider a significant pest that is prevalent in China - the spotted-wing drosophila (SWD).
"It's a native of Asia and its not even mentioned in the IRA. We made that a key point in our appeal and the panel determined it was outside the terms of reference to consider it."
In spite of the blow, Mr Russell believes the likelihood of Chinese apples being on Australian supermarket shelves this year remains slim.
"One of the conditions in the IRA refers to European canker, and the measures to control it require certified inspections in the winter months, after leaf fall and prior to pruning," he said.
"If there hasn't been any inspections in apple orchards this past northern winter, there can't be any imports from China this year. And if there was no protocol in place, how could those inspections have taken place?"
Mr Russell said he was unsure about APAL's next move in the long-running saga, but he maintained that the struggle would be ongoing.
"We don't have anywhere left to go in line with the processes set out in the IRA handbook," Mr Russell said.
"All we can do is take it up with the minster and other politicians and say ‘this is not a very good process'."