Australia New Zealand Food Standards Code - Standard 1.4.3 - Articles and Materials in Contact with Food

Overview

The Australia New Zealand Food Standards Code Amendment Instrument 2008 (F2008B00620) was enacted in 2008 to amend the Australia New Zealand Food Standards Code, specifically addressing the safety and quality of food through the regulation of articles and materials that come into contact with food. This legislative instrument was developed by the Parliament of Australia, with the objective of ensuring that any materials used in food production, packaging, and storage meet stringent safety standards. The primary goal is to protect consumers by preventing food contamination and ensuring that articles and materials in contact with food do not pose any health risks, including the possibility of being swallowed, obstructing passages, or causing harm, distress, or discomfort. The Code does not detail specific materials but delegates the responsibility to food manufacturers and retailers to ensure compliance with safety standards and relevant legislation.

Scope and Application

The Standard 1.4.3 Articles and Materials in Contact with Food is a legislative instrument designed to regulate articles and materials that come into contact with food, ensuring these materials do not pose any health risks. This standard applies to all articles and materials that are in direct contact with food, including packaging materials, and may encompass materials such as moisture absorbers, mould inhibitors, and promotional items that are enclosed within packaging. The Standard specifies that such articles and materials must not be capable of being swallowed or obstructing any alimentary or respiratory passage, and must not otherwise cause bodily harm, distress, or discomfort if ingested. The geographic and jurisdictional reach of this Standard is nationwide, applying to all entities involved in the manufacture, packaging, and retail of food products in Australia. While the Standard does not detail specific materials to be used, it is incumbent upon food manufacturers and retailers to ensure compliance with all relevant legislation and safety standards. Additionally, Standards Australia has developed the Australian Standard AS2070 –1999 for Plastics Materials for Food Contact Use, which may serve as a guide for industry compliance.

Key Provisions

The legislation under Standard 1.4.3 Articles and Materials in Contact with Food (F2008B00620) provides a regulatory framework for the use of various materials that come into contact with food, including packaging materials and any enclosed items such as moisture absorbers, mould inhibitors, oxygen absorbers, promotional materials, or writing and graphics. The primary purpose of this Standard is to ensure that the articles and materials used in food contact are safe and do not pose any health risks to consumers (Clause 1). This is achieved by setting conditions that must be met to allow such materials to be used. Under the Standard, articles and materials may be placed in contact with food if they meet two critical conditions (Clause 2). Firstly, if taken into the mouth, these articles or materials must not be capable of being swallowed or obstructing any alimentary or respiratory passages (Clause 2(a)). Secondly, they must not be otherwise likely to cause bodily harm, distress, or discomfort (Clause 2(b)). It is important to note that this Standard does not detail specific materials to be used in food packaging or articles. Instead, it places the responsibility on food manufacturers and retailers to ensure their products are safe and compliant with all relevant legislation (Editorial Note). The obligations imposed by this Standard are primarily on food manufacturers and retailers, who must ensure that any articles and materials in contact with food meet the specified safety criteria. This includes verifying that the materials do not present a choking hazard or cause obstruction, and that they do not pose any other health risks. For example, manufacturers must conduct assessments and tests to confirm that their packaging materials and any enclosed items are safe for consumer use. Retailers, in turn, must ensure that the products they sell comply with these standards, thereby protecting consumers from potential harm. The legislation does not explicitly state specific offences, penalties, or consequences for non-compliance. However, failure to comply with food safety standards can lead to civil and criminal liability under other related laws, such as the Australia New Zealand Food Standards Code. Penalties for breaches of food safety regulations can include fines, imprisonment, or both, depending on the severity and intent of the breach. For instance, individuals or companies found guilty of selling unsafe food products can face substantial fines and even jail time, reflecting the serious nature of ensuring public health and safety.