FOOD STANDARDS AUSTRALIA NEW ZEALAND
VARIATIONS TO THE AUSTRALIA NEW ZEALAND FOOD STANDARDS CODE
(AMENDMENT NO. 65)
1. Preamble
The variations set forth in the Schedule below are variations to the Australia New Zealand Food Standards Code (hereinafter called ‘the Code’) which was published by the National Health and Medical Research Council in the Commonwealth of Australia Gazette, No. P 27, on 27 August 1987, and which has been varied from time to time.
These variations are published pursuant to section 23A of the Food Standards Australia New Zealand Act 1991.
2. Citation
These variations may be collectively known as Amendment No. 65 to the Code.
3. Commencement
These variations commence on the date of gazettal.
Note: These variations were published in the Commonwealth of Australia Gazette No. FSC 7 on 27 February 2003.
SCHEDULE
[1] Standard 1.3.3 of the Australia New Zealand Food Standards Code is varied by –
[1.1] inserting immediately before the Table to clause 14 –
Editorial note:
Where meat has been treated using lactoperoxidase the mandatory labelling requirements in clause 4 of Standard 1.2.3 apply.
[1.2] inserting in the Table to clause 14 in alphabetical order –
Lactoperoxidase from bovine milk EC [1.11.1.7] | Reduce and/or inhibit bacterial population on meat surfaces | GMP |
[1.3] inserting in the Table to clause 14 in alphabetical order –
Sodium thiocyanate | Reduce and/or inhibit bacterial population on meat surfaces | GMP |
[1.4] inserting in the Table to clause 17, as a source for the enzyme Glucose oxidase EC [1.1.3.4] –
Aspergillus oryzae, containing the gene for glucose oxidase isolated from Aspergillus niger |
[2] Standard 1.5.3 of the Australia New Zealand Food Standards Code is varied by inserting in the Table to clause 4 –
Bread fruit Carambola Custard apple Longan Litchi Mango Mangosteen Papaya (Paw paw) Rambutan | Minimum: 150 Gy Maximum: 1 kGy | Food may only be irradiated for the purposes of pest disinfestation for a phytosanitary objective. The minimum dose to achieve the above technological purposes. |
[3] Standard 2.2.1 of the Australia New Zealand Food Standards Code is varied by omitting clause 11, substituting –
11 Bovine meat and meat products must be derived from animals free from bovine spongiform encephalopathy
(1) In this clause -
minor ingredient means an ingredient that comprises no more than 300 g/kg of the food.
(2) Subject to subclause (3), bovine meat and food ingredients derived from bovines must be derived from animals free from bovine spongiform encephalopathy.
(3) Subclause (2) does not apply to –
(a) collagen from bovine skins and hides (including sausage casings produced from this type of collagen); and
(b) a minor ingredient of a processed product, where that ingredient comprises –
(i) bovine fat; and/or
(ii) bovine tallow; and
(c) gelatine sourced from bovine skins and hides; and
(d) dairy products sourced from bovines.
Editorial note:
Clause 11 applies to Australia only. Bovine products imported for sale in New Zealand are regulated by the New Zealand Food Standards.
Overview
The "Food Standards Australia New Zealand Variations to the Australia New Zealand Food Standards Code (Amendment No. 65)" legislative instrument, enacted in 2003, amends the Australia New Zealand Food Standards Code to address issues in the food industry, particularly focusing on food safety and labelling. The Code, originally published by the National Health and Medical Research Council in 1987, has been periodically updated to ensure it remains relevant and effective in protecting public health. These amendments were made pursuant to section 23A of the Food Standards Australia New Zealand Act 1991 and were introduced by the Australian Government to refine and update the regulatory framework governing food standards. The policy objective of these amendments is to enhance the safety and quality of food products by updating the standards to reflect current scientific understanding and industry practices. This includes updating labelling requirements for specific food additives and clarifying the conditions under which certain foods can be irradiated for pest disinfestation purposes.
Scope and Application
The legislative instrument F2008B00812 pertains to variations made to the Australia New Zealand Food Standards Code, specifically Amendment No. 65, which is applicable to both Australia and New Zealand. The variations are published under the authority of section 23A of the Food Standards Australia New Zealand Act 1991. The variations apply to entities involved in the production, processing, and labelling of food products, ensuring compliance with the specified standards and requirements. The geographic reach of these variations extends to both Australia and New Zealand, with specific clauses applying exclusively to Australia, while bovine products imported for sale in New Zealand are regulated by the New Zealand Food Standards. The variations cover a range of food substances and processes, including the use of lactoperoxidase and sodium thiocyanate in meat treatment, the irradiation of certain fruits for pest disinfestation, and the derivation of bovine meat and ingredients from animals free from bovine spongiform encephalopathy, with specified exemptions for minor ingredients and certain derived products. The application of these variations is further extended or restricted through subordinate instruments as necessary, ensuring the Code remains relevant and effective in regulating food safety and standards.
Key Provisions
The main sections of this legislative instrument involve amendments to the Australia New Zealand Food Standards Code. Specifically, it introduces changes to Standard 1.3.3 (Schedule [1]), Standard 1.5.3 (Schedule [2]), and Standard 2.2.1 (Schedule [3]). These amendments introduce new substances and processes for food treatment and update the labelling requirements and irradiation limits for certain fruits.
In Standard 1.3.3, the amendments include the addition of lactoperoxidase from bovine milk and sodium thiocyanate to the list of substances that can be used to reduce or inhibit bacterial populations on meat surfaces (Schedule [1.2] and [1.3]). This requires food processors to adhere to Good Manufacturing Practice (GMP) guidelines when using these substances. Additionally, the inclusion of Aspergillus oryzae as a source for the enzyme glucose oxidase for meat treatment purposes is also introduced (Schedule [1.4]).
The obligations for parties governed by these amendments include ensuring that any meat treated with these substances is properly labelled according to the mandatory requirements of Standard 1.2.3. For Standard 1.5.3, food processors must adhere to the specified irradiation doses for certain fruits listed, which are only permitted for pest disinfestation (Schedule [2]). The amendment to Standard 2.2.1 stipulates that bovine meat and meat products must be derived from animals free from bovine spongiform encephalopathy, except for specified exceptions such as collagen from bovine skins and hides, minor ingredients, and certain dairy products (Schedule [3]).
Failure to comply with these provisions can lead to enforcement actions under the Food Standards Australia New Zealand Act 1991. Offences may result in civil penalties, including fines, and in some cases, criminal penalties. The exact penalties can vary depending on the nature and severity of the breach but can include substantial fines for both individuals and corporations. Non-compliance with labelling requirements or the use of unauthorised substances in food processing may also result in product recalls and legal action to prevent further distribution of non-compliant products.