Australia New Zealand Food Standards Code – Standard 1.2.12 – Transitional standard for dietary fibre nutrition content claims

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a legislative framework for the development and maintenance of the Australia New Zealand Food Standards Code, ensuring food safety and public health protection. This Act was introduced to address the need for a unified and scientifically based food regulatory system between Australia and New Zealand. The FSANZ Act empowers Food Standards Australia New Zealand (FSANZ) to develop and vary food standards, among other functions. FSANZ accepted Application A1101, which sought to delay the requirement to comply with the qualifying criteria for nutrition content claims about dietary fibre in Standard 1.2.7 until 17 January 2017. Following the required consultation and approval process, FSANZ approved a draft Transitional Standard 1.2.12 – Transitional standard for dietary fibre nutrition content claims. This transitional standard allows for compliance with either section 1.2.7—12 of Standard 1.2.7 or section 1.2.12—3 of draft Standard 1.2.12 during the specified transitional period from 1 March 2016 to 18 January 2017. The purpose of this transitional standard is to provide flexibility during the period before the full implementation of the new dietary fibre criteria. The legislative process followed by FSANZ included a statutory round of public consultation and consideration by the Australia and New Zealand Ministerial Forum on Food Regulation. The draft standard does not incorporate any documents by reference and was deemed to have only a minor impact on business and individuals, thus not requiring a Regulation Impact Statement. Importantly, the transitional standard is exempt from the requirement for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act.

Scope and Application

The F2015L01390 legislation applies to food suppliers in Australia and New Zealand who wish to make nutrition content claims about dietary fibre in their food products. This legislation is established under the Food Standards Australia New Zealand Act 1991, which empowers Food Standards Australia New Zealand to develop and vary food regulatory measures, including standards, to ensure food safety and public health. The legislation outlines a transitional period from 1 March 2016 until 18 January 2017, during which suppliers can comply with either section 1.2.7—12 of Standard 1.2.7 or section 1.2.12—3 of the draft Standard 1.2.12. This transitional arrangement allows suppliers to make claims about the presence or absence of dietary fibre in their food products in accordance with either the existing Standard 1.2.7 or the new draft Standard 1.2.12, but not a combination of both. The legislation does not incorporate any documents by reference and is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. The scope of this legislation is national, applying to both Australia and New Zealand. The legislation 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. The Authority has approved draft Standard 1.2.12 to permit nutrition content claims about dietary fibre to be made other than in accordance with Standard 1.2.7 during a transitional period. The Authority’s consideration of Application A1101 included one round of public consultation following an assessment and preparation of a draft Standard, a draft consequential variation and associated report. A Regulation Impact Statement was not required because the draft Standard 1.2.12 of the revised Code is likely to have only a minor impact on business and individuals.

Key Provisions

The key operative sections of this legislation, as outlined in the Explanatory Statement, establish the transitional arrangement for dietary fibre nutrition content claims in the Australia New Zealand Food Standards Code. Section 1.2.12—2 provides that a claim about the presence or absence of dietary fibre in a food can be made in accordance with either section 1.2.7—12 of Standard 1.2.7 or section 1.2.12—3 of draft Standard 1.2.12, but not a combination of both. Section 1.2.12—3 lists the requirements for such claims that are permitted by section 1.2.12—2, including the use of descriptors and specific conditions for using the descriptor ‘increased’ or a synonym of that descriptor. Section 1.2.12—4 provides that Standard 1.2.12 ceases to have effect on 18 January 2017. The obligations imposed on the parties or entities governed by this Act include complying with the transitional arrangement for dietary fibre nutrition content claims established by draft Standard 1.2.12. During the transitional period, suppliers will be able to comply with either section 1.2.7—12 of Standard 1.2.7 or section 1.2.12—3 of draft Standard 1.2.12. They must ensure that any claims made about the presence or absence of dietary fibre in a food comply with the requirements set out in these sections, including the use of descriptors and specific conditions for using the descriptor ‘increased’ or a synonym of that descriptor. Additionally, they must be aware that Standard 1.2.12 will cease to have effect on 18 January 2017, and therefore, after this date, only Standard 1.2.7 will apply. There are no explicit offences, penalties, or civil/criminal consequences for breach mentioned in the Explanatory Statement. However, it is important to note that the draft Standard 1.2.12 is a legislative instrument, but it is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as specified in section 94 of the FSANZ Act. Therefore, any breach of the requirements set out in draft Standard 1.2.12 may result in enforcement action by the relevant authorities, such as the Food Standards Australia New Zealand (the Authority) or other regulatory bodies. The specific consequences of a breach would depend on the nature and severity of the breach, as well as any applicable laws or regulations.