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 (Chapter 1—Introduction and standards that apply to all foods, Part 2—Labelling and other information requirements)
Standard 1.2.6 – Information requirements—directions for use and storage
New section 1.2.6—1 Name
This section establishes that the instrument is the Australia New Zealand Food Standards Code – Standard 1.2.6 – Information requirements – directions for use and storage.
New section 1.2.6—2 Directions for use, and statement of storage conditions
The basic requirement to state directions for use and storage conditions is in paragraph 1.2.1—8(1)(g).
New section 1.2.6—2 repeats clause 6 of current Standard 1.2.5, which requires the label on a package of food to include a statement of storage conditions required to ensure the food will keep for a specified period indicated by the use-by date or best-before date, and clause 1 of current Standard 1.2.6, which requires the label to include information about use or storage that is required for health or safety reasons and information about the preparation of cassava or bamboo shoots.
[1] Previously known as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Act 1991, enacted by the Commonwealth Parliament, establishes the framework for regulating food standards across Australia and New Zealand through Food Standards Australia New Zealand (FSANZ). The Act addresses the need for harmonised food standards to ensure consumer safety and public health. The explanatory statement for F2015L00393 highlights that FSANZ has approved variations to Chapters 1 and 2 of the Australia New Zealand Food Standards Code, specifically updating Standard 1.2.6 concerning information requirements for directions of use and storage. These updates were subject to public consultation and were deemed to have a minor impact on business and individuals, thereby not requiring a Regulation Impact Statement. The purpose of these variations is to refine the requirements for food labels to ensure that they provide clear and necessary information for consumer safety and proper food handling. The legislative instrument is exempt from the need for a human rights compatibility statement as it is classified as a non-disallowable instrument under the Act.
Scope and Application
The Australia New Zealand Food Standards Code – Standard 1.2.6 – Information requirements – directions for use and storage applies to all food products sold within Australia and New Zealand. This includes individuals, entities, and industries involved in the production, packaging, labelling, and sale of food products. The purpose of this legislation is to revise the Code to ensure that food labels include necessary information regarding the directions for use, storage conditions, and any health or safety requirements pertinent to the product. Notably, the variations approved in this instrument do not incorporate any documents by reference but update some references to documents that are incorporated by reference. The Authority followed the stipulated procedure under the Food Standards Australia New Zealand Act 1991, including two rounds of public consultation, to consider Proposal P1025. This instrument is a legislative instrument but is exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
Key Provisions
The primary operative sections of this legislation pertain to the revision of the Australia New Zealand Food Standards Code (the Code) through the implementation of Standard 1.2.6 – Information requirements – directions for use and storage. Section 1.2.6—1 identifies the instrument as the Australia New Zealand Food Standards Code – Standard 1.2.6 – Information requirements – directions for use and storage. Section 1.2.6—2 outlines the requirement for food labels to include directions for use, a statement of storage conditions to ensure the food will keep for the period indicated by the use-by or best-before date, and information about use or storage required for health or safety reasons. The Code also includes information about the preparation of specific foods such as cassava or bamboo shoots.
The obligations imposed by the Act on the parties or entities it governs include the requirement to ensure that food labels include the specified information. This includes stating the directions for use, storage conditions, and health or safety-related information. Specifically, section 1.2.6—2 mandates that food labels must include a statement of storage conditions required to ensure the food will keep for a specified period indicated by the use-by date or best-before date, and information about use or storage that is required for health or safety reasons. Additionally, the Code includes information about the preparation of specific foods such as cassava or bamboo shoots.
Regarding the consequences of non-compliance, the legislation does not specify explicit offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the requirements of the Code can result in regulatory action by Food Standards Australia New Zealand (FSANZ) or the relevant food regulatory authorities in Australia or New Zealand. These actions can include warnings, fines, product recalls, or other enforcement measures to ensure compliance with food safety and labelling standards. The specific penalties would be determined based on the nature and severity of the non-compliance, in accordance with the relevant food safety and labelling laws in Australia or New Zealand.