Australia New Zealand Food Standards Code - Amendment No. 74 - 2004

Overview

The Food Standards Australia New Zealand Act 1991, enacted by the Commonwealth Parliament, establishes a framework for the regulation of food standards in Australia and New Zealand. It was introduced to ensure that food produced and sold in these countries meets the required safety and quality standards. The Act addresses gaps in food regulation, including the need for consistent and updated food standards across both countries. The policy objective of the Act is to protect public health and safety by setting standards for food composition, labelling, and safety. The variations to the Australia New Zealand Food Standards Code, such as those outlined in Amendment No. 74, are made pursuant to section 23A of the Act to ensure the Code remains current and relevant, addressing any emerging issues related to food safety and composition. These amendments are designed to maintain and improve the quality and safety of food products available to consumers in Australia and New Zealand.

Scope and Application

The variations to the Australia New Zealand Food Standards Code, Amendment No. 74, apply to all food standards set out in the Code, which is administered by Food Standards Australia New Zealand (FSANZ) under the Food Standards Australia New Zealand Act 1991. These variations are applicable to all food businesses, including manufacturers, importers, and retailers, operating within Australia. The amendments specify standards for ingredients and additives, such as the prohibition of certain fats or oils, the conditions for making gluten-free and low gluten claims, and the requirements for resistant maltodextrins as dietary fibre. Additionally, the variations modify maximum residue limits (MRLs) for pesticides in various food products, ensuring consumer safety by regulating the levels of chemical residues in food. These variations are effective as of the date of their publication in the Commonwealth of Australia Gazette and extend to the entire national jurisdiction, impacting all food businesses across Australia. The legislation does not explicitly state any exclusions or thresholds but provides detailed specifications and conditions that must be adhered to by relevant entities within the food industry.

Key Provisions

The main operative sections of this legislation include variations to Standard 1.2.4, 1.2.8, 1.3.4, 1.4.2, 1.4.4, and 1.5.1 of the Australia New Zealand Food Standards Code. Specifically, Standard 1.2.4 is varied to prohibit the use of Diacylglycerol oil as a generic name for fats or oils. Standard 1.2.8 is revised to specify that a food cannot be marketed as gluten-free unless it contains no detectable gluten, and has no oats or their products, or cereals containing gluten that have been malted, or their products. Additionally, the standard specifies that a food cannot be marketed as having a low gluten content unless it contains no more than 20 mg gluten per 100 g of the food. Standard 1.3.4 is varied to include specifications for resistant maltodextrins, including chemical structure, dextrose equivalent, appearance, colour, taste/odour, pH, moisture, ash, arsenic, heavy metals, and microbiological standards. Standard 1.4.2 is varied by omitting certain chemicals and inserting others, including their associated maximum residue limits (MRLs) for various foods. Standard 1.4.4 is varied by inserting Nicotiana spp. as a prescribed name for tobacco. Lastly, Standard 1.5.1 is varied to require the declaration of Diacylglycerol oil in the statement of ingredients using the prescribed name. The obligations and requirements imposed by this legislation on the parties or entities it governs are primarily focused on ensuring the safety and quality of food products. Food manufacturers, processors, and retailers must adhere to the variations set forth in the legislation, which include restrictions on the use of certain chemicals, the declaration of certain ingredients, and the specification of maximum residue limits for certain chemicals in various foods. Additionally, food manufacturers and retailers must ensure that their products comply with the requirements for gluten-free and low gluten content claims. Breach of the requirements set forth in this legislation may result in offences, penalties, or civil/criminal consequences. The maximum penalties for offences under the Food Standards Australia New Zealand Act 1991 include fines of up to $126,000 for individuals and $630,000 for bodies corporate, as well as imprisonment for up to two years for individuals and five years for bodies corporate. Additionally, civil penalties may be imposed for breach of the legislation, including fines of up to $1.1 million for individuals and $5.5 million for bodies corporate. It is important for parties and entities governed by this legislation to ensure compliance to avoid potential penalties and consequences.