Explanatory Statement
1. Authority
Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides that the functions of Food Standards Australia New Zealand (the Authority) include the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code).
Division 2 of Part 3 of the FSANZ Act specifies that the Authority may prepare a proposal for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering a proposal for the development or variation of food regulatory measures.
FSANZ prepared Proposal P1025 to revise the Code. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft revised Code.
Following consideration by the Legislative and Governance Forum on Food Regulation[1], section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.
Section 94 of the FSANZ Act specifies that a standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
2. Purpose
The Authority has approved variations of Chapters 1 and 2 of the Code.
3. Documents incorporated by reference
The variations to food regulatory measures do not incorporate any documents by reference. The variations update some references to documents that are incorporated by reference.
4. Consultation
In accordance with the procedure in Subdivision F of Division 2 of Part 3 of the FSANZ Act, the Authority’s consideration of Proposal P1025 included two rounds of public comment following an assessment and the preparation of a draft Standard and associated reports. Submissions were called for on 23 May 2013 for a 12-week period, and on 10 July 2014 for an eight-week period.
A Regulation Impact Statement was not required, because the proposed variations to the Code are likely to have a minor impact on business and individuals.
5. Statement of compatibility with human rights
This instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act.
6. Variation
Schedule 7 – Food additive class names (for statement of ingredients)
Section S7—1 Name
Section S7—1 establishes that the instrument is the Australia New Zealand Food Standards Code – Schedule 7 – Food additive class names (for statement of ingredients).
Section S7—2 Food additive class names
Section S7—2 sets out, for new section 1.2.4—7, the food additive class names that are currently set out in Schedule 1 to Standard 1.2.4.
[1] Previously known as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Australia New Zealand Food Standards Code – Schedule 7 – Food Additive Class Names (For Statement of Ingredients) Legislative Instrument 2015 was enacted to revise the Australia New Zealand Food Standards Code, specifically updating the names of food additive classes for the statement of ingredients. This legislative instrument was introduced to ensure the Code accurately reflects current terminology and practices in food regulation. The enactment of this instrument was authorised by the Food Standards Australia New Zealand Act 1991, which empowers Food Standards Australia New Zealand to develop and vary standards within the Code. The Authority followed the procedure outlined in the FSANZ Act, including public consultations and assessments, to develop Proposal P1025, which was subsequently approved as a draft revised Code. The legislative instrument aims to align the Code with contemporary standards and practices while maintaining its efficacy in ensuring food safety and quality.
Scope and Application
The explanatory statement outlines the Authority's approval of variations to Chapters 1 and 2 of the Australia New Zealand Food Standards Code, which is a legislative instrument under section 92 of the Food Standards Australia New Zealand Act 1991. This instrument applies to the development of standards and variations of standards for food products in Australia and New Zealand, impacting all persons and entities involved in the food industry, including manufacturers, importers, and retailers. The variations revise the names of food additive classes used in the statement of ingredients on food labels, ensuring clarity and consistency in food labelling. The legislative instrument does not incorporate any documents by reference but updates some references to documents already incorporated by reference. The Authority followed the procedure for considering a proposal, including two rounds of public consultation, and determined that a Regulation Impact Statement was not necessary due to the minor impact on business and individuals. The instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act.
Key Provisions
The main operative sections of the legislation, as outlined in the Explanatory Statement, concern the development and variation of food regulatory measures by Food Standards Australia New Zealand (FSANZ). Specifically, Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) mandates that FSANZ is responsible for the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (Code). The procedure for considering proposals for the development or variation of food regulatory measures is detailed in Division 2 of Part 3 of the FSANZ Act. This process involves the preparation of proposals, such as Proposal P1025, and their consideration in accordance with the specified procedure. Upon approval, a draft revised Code is published as a notice under section 92 of the FSANZ Act. This notice is considered a legislative instrument but is exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act on FSANZ and other parties are clearly defined. FSANZ must consider proposals for the development or variation of food regulatory measures, which includes preparing a draft Standard and associated reports, and facilitating public consultation as outlined in Subdivision F of Division 2 of Part 3 of the FSANZ Act. This process ensures transparency and stakeholder engagement. The Authority is also required to publish a notice about the standard or draft variation of a standard following its consideration by the Legislative and Governance Forum on Food Regulation. The public is given an opportunity to submit comments on the proposals during specified periods. Additionally, FSANZ must ensure that the variations do not incorporate any documents by reference but must update references to documents that are already incorporated by reference.
The legislation outlines specific offences, penalties, and civil or criminal consequences for breaches. However, the Explanatory Statement does not specify any penalties for non-compliance with the provisions of this particular instrument. It is noted that the variations to the Code are likely to have a minor impact on business and individuals, and therefore, a Regulation Impact Statement was not required. The statement of compatibility with human rights is exempt as it is a non-disallowable instrument under section 94 of the FSANZ Act. The variations approved by FSANZ primarily involve updating food additive class names and do not introduce new substantive requirements or penalties.