Australia New Zealand Food Standards Code – Revocation and Transitional Variation 2015 (Application A1101 – Commencement of Dietary Fibre Claim Provisions – Consequential)

Overview

The Food Standards Australia New Zealand Act 1991 was enacted to ensure the safety and quality of food by establishing a unified regulatory framework for food standards across Australia and New Zealand. The Act established Food Standards Australia New Zealand (FSANZ) as the central authority responsible for developing and maintaining the Australia New Zealand Food Standards Code (the Code). The purpose of this legislation is to address the need for a comprehensive and consistent approach to food regulation across both countries, thereby protecting public health and facilitating trade. The Authority, as mandated by the Act, accepted an application to vary the existing Code to delay the requirement to comply with the qualifying criteria for nutrition content claims about dietary fibre. Following the required consultation and assessment process, the Authority approved a draft variation to the Code, including a new transitional standard and consequential variations to other standards. This process was overseen by the Australia and New Zealand Ministerial Forum on Food Regulation, ensuring that the amendments align with broader food regulation objectives.

Scope and Application

The Australia New Zealand Food Standards Code – Revocation and Transitional Variation 2015 (Application A1101 – Commencement of Dietary Fibre Claim Provisions – Consequential) applies to Food Standards Australia New Zealand (the Authority) and any entities involved in the production, labelling, and sale of food products within Australia and New Zealand. This legislation arises from the Authority's acceptance and consideration of Application A1101, which seeks to delay compliance with the qualifying criteria for nutrition content claims about dietary fibre in Standard 1.2.7. The purpose of the legislation is to make consequential amendments to the Code by introducing a draft Standard 1.2.12 – Transitional standard for dietary fibre nutrition content claims and draft variation consequential variations to other Standards. This Act extends across both Australia and New Zealand as it is a joint regulatory body, and the Code applies to all food products within these jurisdictions. There are no stated exclusions or exemptions in this particular Act, and the changes are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.

Key Provisions

The main sections of the legislation, Australia New Zealand Food Standards Code — Revocation and Transitional Variation 2015 (Application A1101 – Commencement of Dietary Fibre Claim Provisions – Consequential), primarily involve amendments to the Australia New Zealand Food Standards Code (the Code). Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) allows Food Standards Australia New Zealand (the Authority) to develop standards and variations for the Code. The Authority has considered Application A1101, which seeks to delay the requirement for compliance with the qualifying criteria for nutrition content claims about dietary fibre in Standard 1.2.7 of the existing Code for 12 months until 17 January 2017. This application has been approved, leading to the creation of draft Standard 1.2.12 – Transitional standard for dietary fibre nutrition content claims and draft variation consequential variations to other Standards. This draft variation has been subject to public consultation and has been approved by the Australia and New Zealand Ministerial Forum on Food Regulation. The Act imposes several obligations on the Authority and other parties governed by it. Firstly, the Authority is required to consider applications for the development or variation of food regulatory measures, including standards, as per Division 1 of Part 3 of the FSANZ Act. This includes undertaking a non-statutory round of public consultation to gather cost-benefit information and stakeholder views, as specified in section 29(2)(a) and (b) of the FSANZ Act. Additionally, the Authority must publish a notice about the draft Standard and consequential variation in accordance with section 92 of the FSANZ Act. Following approval by the Australia and New Zealand Ministerial Forum on Food Regulation, the Authority must ensure the publication of the draft consequential variation as a legislative instrument, which is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 as per section 94 of the FSANZ Act. Any breach of the requirements or provisions set out in the legislation may lead to various consequences. Under the FSANZ Act, specific offences and penalties are not outlined in the explanatory statement. However, non-compliance with the legislative instrument could result in civil or criminal consequences depending on the severity and nature of the breach. The Authority has the power to enforce compliance with the standards and variations developed or approved under the Act. In the event of a significant breach, legal action could be taken against the offending party, potentially leading to penalties or fines. The exact penalties are not specified in the explanatory statement but would depend on the specific breach and applicable laws. The legislation also includes provisions for the revocation of certain standards, such as Standard 1.1A.8, which will be revoked on 1 March 2016. This amendment ensures that the Code remains up to date and relevant to current food regulatory requirements. The transitional standard, Standard 1.2.12, is intended to provide a temporary arrangement for claims about the presence or absence of dietary fibre in food products, facilitating a smooth transition for stakeholders. The Authority must ensure that these changes are properly implemented and communicated to all relevant parties to avoid any potential legal or compliance issues.