EXPLANATORY STATEMENT
AMENDMENT TO STANDARD 4.2.4A OF THE AUSTRALIA NEW ZEALAND FOOD STANDARDS CODE
Purpose and operation of the instrument
Amendment No. 102 to the Australia New Zealand Food Standards Code (the Code) amends Standard 4.2.4A of the Code. That Standard refers to the processing requirements for cheese under clause 2 of Standard 1.6.2.
On 5 October 2008, amendments to Standard 1.6.2 will commence. As a result of those amendments, clause 2 of Standard 1.6.2 will be deleted. The reference in Standard 4.2.4A will then be out-of-date.
This amendment updates the reference in Standard 4.2.4A to the processing requirements for cheese in Standard 4.2.4.
Impact Analysis
Amendment No. 102 aims simply to update a reference which would otherwise be out of date. It will not result in any additional costs for industry, consumers or enforcement agencies. There was no other option other than to proceed with the amendment.
Consultation
Amendment No. 102 is part of a package of amendments to the Code proposed by FSANZ as Proposal P1001 – Omnibus VII. FSANZ advertised and notified its assessment report on P1001 to the public, and received a number of submissions in response. FSANZ took these submissions into account in making its decision to approve the draft variations to the Code proposed in P1001.
Attachment
1. Draft variation to the Australia New Zealand Food Standards Code
Attachment 1
Draft variation to the Australia New Zealand Food Standards Code at Approval
Section 87(8) of the FSANZ Act provides that standards or variations to standards are legislative instruments, but are not subject to disallowance or sunsetting
To commence: on 5 October 2008
[1] Standard 4.2.4A of the Australia New Zealand Food Standards Code is varied by omitting from paragraph 1(a) –
paragraph 2(1)(a) of Standard 1.6.2
substituting –
paragraphs 16(a) and (b) of Standard 4.2.4
Overview
The Explanatory Statement for Amendment No. 102 to the Australia New Zealand Food Standards Code (the Code), enacted in 2008, details an amendment to Standard 4.2.4A, which pertains to the processing requirements for cheese. This amendment was introduced to address the obsolescence of a reference in Standard 4.2.4A following the deletion of clause 2 of Standard 1.6.2, which was scheduled to take effect on 5 October 2008. The objective of this amendment, overseen by the Food Standards Australia New Zealand (FSANZ) as part of Proposal P1001 – Omnibus VII, is to ensure that the Code remains accurate and functional, without imposing any additional costs on industry, consumers, or enforcement agencies. Public consultation was undertaken, with submissions considered in the decision-making process. This amendment, as a legislative instrument under Section 87(8) of the FSANZ Act, is not subject to disallowance or sunsetting and will come into effect on the specified date.
Scope and Application
The amendment to Standard 4.2.4A of the Australia New Zealand Food Standards Code, as detailed in Amendment No. 102, is intended to update a reference within the processing requirements for cheese. This amendment ensures that the standards remain current and relevant following the upcoming deletion of clause 2 of Standard 1.6.2 on 5 October 2008. The amendment affects entities involved in the production and processing of cheese, ensuring compliance with updated food standards across Australia and New Zealand. There are no stated exclusions or exemptions in this particular amendment, and it does not introduce any additional costs for industry, consumers, or enforcement agencies. The amendment is part of a broader package of changes proposed by the Food Standards Australia New Zealand (FSANZ) and follows public consultation and consideration of submissions. The updated standard will apply nationally across both Australia and New Zealand, maintaining consistency in food safety and quality standards across the region.
Key Provisions
The main operative section of this amendment (Section 1) involves the variation of Standard 4.2.4A of the Australia New Zealand Food Standards Code. Specifically, it updates the reference to the processing requirements for cheese. The amendment replaces the outdated reference in paragraph 1(a) of Standard 4.2.4A with a reference to paragraphs 16(a) and (b) of Standard 4.2.4. This update is necessary because, as of 5 October 2008, clause 2 of Standard 1.6.2 will be deleted, rendering the existing reference obsolete. This change ensures that the Code remains accurate and relevant to current food processing requirements.
The obligations imposed by this amendment are primarily administrative and compliance-focused. Food processors, manufacturers, and other entities governed by the Code must ensure that they are adhering to the updated processing requirements for cheese as outlined in the amended Standard 4.2.4A. This involves reviewing and potentially revising their production processes to align with the new reference standards. The amendment itself does not introduce new obligations beyond what is required to maintain compliance with the updated Code.
Breaching the requirements of the Australia New Zealand Food Standards Code can result in both civil and criminal penalties. Under the Food Standards Australia New Zealand Act, penalties for non-compliance can include fines and, in more severe cases, imprisonment. Specifically, for corporations, the maximum penalty for breaches related to food safety standards can be significant, reflecting the seriousness of ensuring public health and safety. While the explanatory statement does not specify the exact penalties for this particular amendment, it is clear that compliance is mandatory and failure to comply can lead to serious consequences.
The explanatory statement clarifies that this amendment is necessary to maintain the accuracy and relevance of the Code. There are no additional costs expected for industry, consumers, or enforcement agencies as a result of this change. The amendment process involved public consultation, with submissions considered by Food Standards Australia New Zealand (FSANZ) before the decision to proceed was made. This ensures that the amendment is based on thorough review and consideration of industry and public feedback.