Australia New Zealand Food Standards Code – Schedule 24 – Restricted plants and fungi

Overview

The Australia New Zealand Food Standards Code, specifically Schedule 24, focuses on restricted plants and fungi and was enacted under the Food Standards Australia New Zealand Act 1991. The primary aim of this legislation is to regulate the use of certain plants and fungi that contain natural toxicants, ensuring public safety by restricting their presence in food products. This schedule, which came into effect on 1 March 2016, lists specific plants and fungi that are considered restricted due to the presence of harmful compounds. It is a collaborative effort between Australian and New Zealand authorities, with provisions applicable in New Zealand incorporated under the Food Act 2014. The objective is to harmonise food standards and ensure consistent safety measures across both countries.

Scope and Application

The Australia New Zealand Food Standards Code – Schedule 24 – Restricted plants and fungi, under the Food Standards Australia New Zealand Act 1991, governs the listing and regulation of restricted plants and fungi that are potentially harmful due to their natural toxicants. This legislation applies to all entities involved in the import, manufacture, sale, and distribution of food products containing these restricted plants and fungi across Australia and New Zealand. The regulation encompasses a variety of species such as Artemisia absinthium (Common wormwood), Cinchona spp. (Cinchona), and Hypericum perforatum (St John's wort), each identified by their natural toxicants like Thujone, Quinine, and Hypericine. The Act extends its application through subordinate instruments, which may further specify the details of enforcement and compliance. The commencement of this legislation is effective from 1 March 2016, with subsequent amendments and updates published in the Food Standards Gazette and the New Zealand Gazette, ensuring the code remains current and relevant to stakeholders in the food industry.

Key Provisions

The primary sections of the legislation, specifically Schedule 24 of the Australia New Zealand Food Standards Code, focus on the regulation of restricted plants and fungi (Schedule 24). This instrument, known as the Australia New Zealand Food Standards Code – Schedule 24 – Restricted plants and fungi, lists specific plants and fungi that are considered restricted due to their natural toxicants (Section 24–2). These substances include compounds like thujone, santonin, coumarin, safrole, pulegone, and hypericine, which are identified as harmful to human health. The Schedule provides the scientific and common names of these plants and fungi, along with the specific toxicants they contain. Entities and individuals subject to this legislation must ensure that any food products containing these restricted plants or fungi comply with the standards outlined in the Code. This involves verifying that the ingredients used in food production do not include any of the restricted substances listed. The compliance is crucial to prevent the sale and consumption of potentially harmful food products. The obligations include proper labelling, adherence to the standards set forth in the Code, and regular checks to ensure that no restricted plants or fungi are being used in food manufacturing processes. Violating the provisions of this legislation can lead to both civil and criminal consequences. The exact penalties for breaches are not explicitly stated in the provided text but generally, under the Food Standards Australia New Zealand Act 1991, penalties can include fines, imprisonment, or both. The severity of the penalty often depends on the extent of the breach and whether it was deliberate or due to negligence. Continuous non-compliance or repeated offences may result in higher penalties, reinforcing the importance of adhering to the regulations to avoid legal repercussions.