FOOD STANDARDS AUSTRALIA NEW ZEALAND
VARIATIONS TO THE AUSTRALIA NEW ZEALAND FOOD STANDARDS CODE
(AMENDMENT NO. 71)
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 26(4) of the Food Standards Australia New Zealand Act 1991.
2. Citation
These variations may be collectively known as Amendment No. 71 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 13 on 14 May 2004.
SCHEDULE
[1] Standard 1.4.2 is varied by –
[1.1] inserting after the third sentence in the Purpose text –
Also, if an agricultural or veterinary chemical is not listed in Schedule 1, there must be no detectable residue of that chemical and no detectable residue of any metabolites of that chemical in food (whether or not that the particular food is listed in Schedules 1, 2 or 4). However, this Standard does not limit the presence of substances, including ingredients, food additives and processing aids that are otherwise permitted in the Code. Nor does it limit the presence of a substance naturally present in food, such as water or salt, or the presence in a food of substances that are formed naturally during processing of the food.
[1.2] omitting the definition of chemical in clause 1, substituting –
chemical means an agricultural or veterinary chemical, whether or not listed in bold type in the shaded boxes in Schedules 1 or 2, but excludes –
(a) a substance naturally present in food, for example, water or salt, before the food is processed; and
(b) a substance in the food when naturally formed during processing, for example, heat treating, of the food; and
(c) ingredients, food additives and processing aids that are permitted in this Code to be present in food.
[1.3] inserting after subclause 2(2) –
2(3) If a chemical is not listed in this Standard there must be no detectable residue of –
(a) that chemical in food (whether or not the food is listed in Schedules 1, 2 or 4); and
(b) metabolites of that chemical in food (whether or not the food is listed in Schedules 1, 2 or 4).
Overview
The Food Standards Australia New Zealand Variations to the Australia New Zealand Food Standards Code (Amendment No. 71) were introduced to address specific issues and ensure clarity and comprehensiveness in the regulation of agricultural and veterinary chemical residues in food products. Enacted under section 26(4) of the Food Standards Australia New Zealand Act 1991 by the Parliament of Australia, this amendment aims to enhance food safety by ensuring that any agricultural or veterinary chemicals not listed in Schedule 1 must have no detectable residues or metabolites in food products, regardless of their listing in other schedules. This legislative instrument ensures that the presence of naturally occurring substances and permitted additives does not contravene the standards. The variations, published in the Commonwealth of Australia Gazette No. FSC 13 on 14 May 2004, also redefine the term "chemical" to exclude naturally occurring substances and permitted ingredients, thereby refining the scope of regulated chemicals in the food standards code.
Scope and Application
This legislative instrument concerns variations to the Australia New Zealand Food Standards Code, which applies to food standards throughout Australia and New Zealand. The variations, specifically Amendment No. 71, were made to address the presence of agricultural and veterinary chemicals in food products, ensuring there are no detectable residues of such chemicals and their metabolites if they are not listed in Schedule 1 of the Code. These variations apply to all entities involved in the production, processing, or sale of food within the jurisdictions of Australia and New Zealand, ensuring compliance with national food safety standards. The variations clarify definitions and conditions regarding chemicals, specifically excluding naturally occurring substances and permitted additives, thereby maintaining a clear and enforceable framework for food safety. The legislative changes are implemented under the Food Standards Australia New Zealand Act 1991 and extend to any food product, whether or not it is listed in Schedules 1, 2, or 4 of the Code.
Key Provisions
The variations to the Australia New Zealand Food Standards Code, as set forth in Amendment No. 71, primarily affect Standard 1.4.2. This standard now explicitly states that if an agricultural or veterinary chemical is not listed in Schedule 1, there must be no detectable residue of that chemical or any of its metabolites in food, regardless of whether the food is listed in Schedules 1, 2, or 4 (Schedule [1.1]). Additionally, the definition of "chemical" has been expanded to include any agricultural or veterinary chemical, whether listed in Schedules 1 or 2, while excluding substances naturally present in food, those formed during processing, and ingredients, food additives, and processing aids permitted under the Code (Schedule [1.2]). Moreover, a new subclause has been added to clarify that if a chemical is not listed in the Standard, there must be no detectable residue of the chemical or its metabolites in any food (Schedule [1.3]).
The obligations imposed by these variations are primarily directed towards food manufacturers, processors, and suppliers. They must ensure that any agricultural or veterinary chemicals used in the production of food do not leave detectable residues if those chemicals are not listed in Schedule 1 of the Code. This includes verifying that no residues of the chemicals or their metabolites are present in the final food product. Additionally, entities must adhere to the updated definition of "chemical" to correctly identify which substances are subject to these residue requirements. The variations also necessitate compliance with the new subclause, which mandates the absence of detectable residues for unlisted chemicals and their metabolites in all food products.
Failure to comply with these variations can result in serious consequences. The Act does not explicitly state penalties for breaches related to these specific variations, but general provisions under the Food Standards Australia New Zealand Act 1991 apply. These provisions include civil and criminal penalties for non-compliance, which can include fines and imprisonment. The exact penalties can vary depending on the severity and intent of the breach, but they are designed to enforce strict adherence to food safety and quality standards.