Australia New Zealand Food Standards Code - Amendment No. 68 - 2003

Administered by Department of Health, Disability and Ageing

Legislation au F2008B00815 Not in force Legislative Instrument

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FOOD STANDARDS AUSTRALIA NEW ZEALAND

 

VARIATIONS TO THE AUSTRALIA NEW ZEALAND FOOD STANDARDS CODE

 

(AMENDMENT NO. 68)

 

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. 68 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 10 on 18 September 2003.

 

SCHEDULE

 

[1] Standard 1.3.3 is varied by inserting into the Table to clause 17

 

Hexose oxidase

EC [1.1.3.5]

Hansenula polymorpha, containing the gene for Hexose oxidase isolated from Chondrus crispus

 

[2] Standard 1.6.1 is varied by omitting from the Schedule the entry for Fermented comminuted meat which has not been cooked, substituting

 

All comminuted fermented meat which has not been cooked during the production process

Coagulase-positive staphylococci/g

5

1

103

104

Escherichia coli/g

5

1

3.6

9.2

Salmonella/25 g

5

0

0

 

 

[3] Standard 1.6.2 is varied by –

 

[3.1] omitting the Editorial note after subclause 8(4), substituting –

 

Editorial note:

 

Processed meat in this clause includes processed meat and manufactured meat in accordance with Standard 2.2.1, irrespective of the prescribed names set out in that Standard.

 


Guidelines for the Safe Manufacture of Smallgoods published by Meat and Livestock Australia, will assist manufacturers and appropriate enforcement agencies to give effect to the provisions in this clause and in clause 9.

 

[3.2] omitting clause 9, substituting –

 

9 Production of uncooked comminuted fermented meat (UCFM)

 

(1) In this clause –

 

audit means a review or examination of any, or all requirements of a food safety program which has been conducted by a person approved as being competent in food safety matters relating to UCFM.

 

batter mix means all the ingredients in the UCFM recipe that have been combined prior to filling a casing.

 

food safety program means a food safety program in accordance with Division 2 of Standard 3.2.1 and which has been validated by the producer.

 

starter culture means a preparation of micro-organisms prepared for the purpose of fermenting meat which -

 

(i)                      successfully competes for the nutrients in the meat medium; and

(ii)                   produces microbial inhibitors; and

(iii) is microbiologically safe; and

(iv) produces a controlled reduction of the pH of the meat mix.

 

UCFM means a comminuted fermented meat which has not had its core temperature maintained at 65C for at least 10 minutes or an equivalent combination of time and higher temperature during production.  To avoid doubt, a UCFM includes comminuted fermented meat which has been heat treated.

 

validation means obtaining evidence to confirm that the food safety program is complete and effective and will deliver the expected food safety outcomes.

 

verification means the use of methods, procedures and tests in addition to monitoring to determine compliance with the food safety program.

 

(2) Unless expressly provided elsewhere in this Code, a UCFM must not be sold unless it is produced in accordance with this clause.

 

(3) For the purposes of subclause 9(2), a UCFM may be sold where it is produced using an alternative technology or method specified elsewhere in this Code, provided that the equivalent food safety outcome in this clause is achieved.

 

(4) A UCFM must be produced in accordance with a food safety program which –

 

(a) has been verified and audited to ensure the number of Escherichia coli organisms in the final UCFM comply with the microbiological limits in Standard 1.6.1 in this Code; and

(b) demonstrates that the production process handles the variations of Escherichia coli contamination in the ingoing raw meat ingredients.

 

(5) As part of the validation or verification requirements of the food safety program, the number of Escherichia coli organisms must be recorded for the –

 

(a) raw meat ingredients used to make a UCFM; and

(b) product after fermentation and any subsequent process.

 

(6) During UCFM production the following matters must be monitored and recorded at suitable frequencies –

 

(a) the pH of a fermenting UCFM; and

(b) the temperature and time of fermentation of UCFM; and

(c) the temperature and time of maturation/drying of UCFM; and

(d) the temperature and time of smoking of UCFM; and

(e) the weight loss or water activity.

 

(7) The measurements recorded under subclauses (5) and (6) must be kept for 12 months after the use-by date or best-before date of a UCFM.

 

(8) The fermentation of a UCFM must be initiated through the use of a starter culture.

 

(9) A previously fermented or fermenting meat must not be used as –

 

(a) a starter culture; or

(b) an ingredient in a UCFM.

 

(10) Meat and batter mix used in the preparation of a UCFM must, if stored by the manufacturer, be stored at 5C or below prior to fermentation.

 

(11) The pH of a fermenting UCFM must be measured in accordance with Method 1 in the Schedule.

 

Editorial note:

 

UCFM food businesses should note the skills and knowledge requirements in clause 3 of Standard 3.2.2.

 

Editorial note for New Zealand:

 

For New Zealand the processing of UCFM is regulated under the Food Act 1981.

 

[3.3] omitting from the Schedule, Method 1, substituting –

 

1 Meat Determination of pH.

 

Mince a representative portion of the sample of the UCFM and place that portion in a stoppered bottle with twice its weight of water.  Shake at five minute intervals for 30 minutes and determine the pH value of the liquid electrometrically at 20°C.

 

Alternatively, the pH can be determined through the use of calibrated, direct-contact pH probes or meters.

 

[3.4] omitting from the Schedule, Method 2.

 

Overview

The Food Standards Australia New Zealand Variations to the Australia New Zealand Food Standards Code (Amendment No. 68) was enacted to make specific variations to the Australia New Zealand Food Standards Code. This legislation was introduced to address the need for updating food safety standards and microbiological limits for certain food products, particularly those involving uncooked comminuted fermented meat (UCFM). Published under the authority of section 23A of the Food Standards Australia New Zealand Act 1991, this amendment was made by the Commonwealth of Australia and came into effect on the date of gazettal, which was 18 September 2003. The policy objective of this amendment was to enhance food safety by ensuring that UCFM products meet stringent microbial standards and production practices, thereby protecting public health.

Scope and Application

This legislative instrument, Amendment No. 68 to the Australia New Zealand Food Standards Code, applies to food businesses operating within the Australian and New Zealand jurisdictions, particularly those involved in the production, processing, and sale of food products. It specifies particular standards and requirements to ensure food safety, including the microbiological limits for various pathogens in specific food items, and outlines stringent conditions for the production of uncooked comminuted fermented meat (UCFM). The amendment is applicable to all entities involved in the food supply chain, including manufacturers, processors, and retailers. The variations extend to the microbiological standards for certain meat products, particularly focusing on the reduction of pathogens such as Escherichia coli, Salmonella, and coagulase-positive staphylococci. Additionally, it mandates the implementation of comprehensive food safety programs for the production of UCFM, including validation, verification, and monitoring of critical control points. These variations do not explicitly state exclusions, but certain technologies or methods specified elsewhere in the Code may be applied if they achieve equivalent food safety outcomes. The legislation’s scope is extended through subordinate instruments that may further detail implementation and enforcement mechanisms.

Key Provisions

The variations outlined in the legislative instrument (F2008B00815) amend the Australia New Zealand Food Standards Code (the Code) as specified in the Schedule. These amendments, referred to collectively as Amendment No. 68, were published in the Commonwealth of Australia Gazette No. FSC 10 on 18 September 2003, and they commenced on the date of gazettal. They were made pursuant to section 23A of the Food Standards Australia New Zealand Act 1991. The amendments include changes to Standard 1.3.3 by inserting a new entry for Hexose oxidase from Hansenula polymorpha into the Table in clause 17. This amendment introduces a new enzyme source for food production. Standard 1.6.1 has been modified to expand the scope of the entry for fermented comminuted meat, now specifying that all comminuted fermented meat that has not been cooked during production must meet certain microbiological criteria, such as the levels of coagulase-positive staphylococci, Escherichia coli, and Salmonella. Additionally, Standard 1.6.2 has been revised to clarify the definition of processed meat and to omit and replace clause 9 with new provisions regarding the production of uncooked comminuted fermented meat (UCFM). The obligations imposed by these variations require food manufacturers to adhere to stringent microbiological standards for uncooked comminuted fermented meat. Specifically, they must ensure that their production processes comply with a validated food safety program, which must be verified and audited. This program should ensure that the final product meets the microbiological limits outlined in Standard 1.6.1. Producers must also monitor and record various parameters during the production process, such as the pH of the fermenting meat, the temperature and time of fermentation, maturation, drying, and smoking, and the weight loss or water activity. These records must be kept for 12 months after the product's use-by or best-before date. The amendments also mandate that fermentation must be initiated using a starter culture and prohibit the use of previously fermented or fermenting meat as either a starter culture or an ingredient. Meat and batter mix must be stored at 5°C or below prior to fermentation. The pH of fermenting UCFM must be determined using a specific method outlined in the Schedule, which involves either shaking a sample with water or using calibrated pH probes or meters. Failure to comply with the provisions of the amended Code can result in legal consequences. The Food Standards Australia New Zealand Act 1991 provides for both civil and criminal penalties for breaches. Civil penalties may include fines, while criminal penalties can include imprisonment, fines, or both, depending on the severity and frequency of the breach. The exact penalties are determined by the courts, but they can be substantial, reflecting the importance of maintaining high food safety standards to protect public health.

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