Australia New Zealand Food Standards Code - Amendment No. 56 - 2001

Overview

The Australia New Zealand Food Authority Variations to the Food Standards Code (Amendment No. 56) is a legislative instrument enacted in 2001 to amend the Food Standards Code, originally published by the National Health and Medical Research Council in 1987. This amendment addresses typographical errors in the previously published Amendment No. 55. The variations were adopted by the Australia New Zealand Food Standards Council and are published under the authority of section 32 of the Australia New Zealand Food Authority Act 1991. The objective is to ensure the accuracy and clarity of the Code, thereby facilitating compliance and enforcement by relevant authorities. These variations, which correct specific errors in the previous amendment, are intended to maintain the integrity and reliability of the Food Standards Code, ensuring that it serves its purpose effectively in regulating food standards across Australia and New Zealand. The legislative instrument is designed to rectify inadvertent errors without altering the substantive provisions of the Code, thereby preserving the established regulatory framework while enhancing its practical application.

Scope and Application

This legislative instrument pertains to variations to the Food Standards Code, as published by the National Health and Medical Research Council and subsequently amended by the Australia New Zealand Food Authority. These variations, specifically Amendment No. 56, apply to the food industry within Australia, governing the standards and conditions under which certain food products may be sterilised or irradiated. The variations correct previous typographical errors and update the standards for the use of ethylene oxide in the sterilisation of herbs, spices, and dried vegetable seasonings, as well as the irradiation conditions for certain food items. These changes are applicable solely within Australia and are in effect as of the date of their publication in the Commonwealth of Australia Gazette. The variations do not explicitly mention exclusions or exemptions, but they are confined to specific food categories and processes, indicating that they do not broadly apply to all food products or industries. The application and enforcement of these standards are further detailed in subordinate instruments or regulations that may provide additional context or specific implementation guidelines.

Key Provisions

The main operative sections of this legislative instrument introduce variations to the Food Standards Code, specifically in relation to the sterilisation and irradiation of herbs, spices, and herbal infusions. These variations are detailed in the Schedule and include changes to Standards A16, A17, 1.3.3, and 1.5.3. For example, under Standard A16, the use of ethylene oxide for sterilising herbs, spices, and dried vegetable seasonings is permitted, but only if the treated products are sold or imported into Australia 21 days after sterilisation, and this permission expires on 30 September 2003. Similarly, Standard A17 and 1.5.3 revise the conditions and permissible irradiation doses for herbs, spices, and herbal infusions, including the specific doses for controlling sprouting, pest disinfestation, and decontamination, with a requirement that food must be handled according to good manufacturing practice (GMP) before and after irradiation. The obligations imposed by these variations include strict adherence to the timelines and conditions specified. Food businesses must ensure that any herbs, spices, and herbal infusions treated with ethylene oxide are not sold or imported into Australia until the required 21-day period has elapsed. Additionally, there are specific minimum and maximum doses set for irradiation, which must be adhered to for the purposes of controlling sprouting, pest disinfestation, and decontamination. Good manufacturing practices must be observed throughout the handling of these products before and after irradiation. Failure to comply with these variations can lead to civil and criminal consequences. Although the specific penalties are not detailed in the legislative instrument, breaches of food safety regulations can typically result in substantial fines and potential criminal charges under the Australia New Zealand Food Authority Act 1991. The maximum penalties for such offences can include significant monetary fines and, in severe cases, imprisonment, depending on the nature and extent of the breach.