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 6— Microbiological limits and processing requirements)
Standard 1.6.2 – Processing requirements for meat
Standard 1.6.2 applies in Australia only.
New section 1.6.2—1 Name
This section establishes that the instrument is the Australia New Zealand Food Standards Code – Standard 1.6.2 – Processing requirements for meat.
New section 1.6.2—2 Game meat
New section 1.6.2—2 repeats the existing content of clause 7 of Standard 1.6.2.
New section 1.6.2—3 Fermented meat products
New section 1.6.2—3 repeats the existing content of clause 8 of Standard 1.6.2.
[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 Australian Parliament, established the Food Standards Australia New Zealand (FSANZ) Authority to develop and maintain food standards across Australia and New Zealand. FSANZ prepared Proposal P1025 to revise the Australia New Zealand Food Standards Code, which includes updates to the processing requirements for meat. The Authority followed the legislative process outlined in the FSANZ Act, including public consultations, before approving the draft revised Code. Following the Legislative and Governance Forum on Food Regulation's consideration, the Authority must publish a notice about the standard or draft variation of a standard, as mandated by section 92 of the FSANZ Act. The variations to food regulatory measures are considered legislative instruments but are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
The purpose of these variations is to update Chapters 1 and 2 of the Code, specifically focusing on processing requirements for meat, without incorporating any new documents by reference. Instead, some references to existing documents incorporated by reference are updated. The Authority's consideration of Proposal P1025 involved two rounds of public comment, aligning with the requirements in the FSANZ Act. Given the minor impact on business and individuals, a Regulation Impact Statement was deemed unnecessary. Furthermore, this instrument is exempt from the human rights compatibility statement requirement, being a non-disallowable instrument under section 94 of the FSANZ Act.
Scope and Application
The Australia New Zealand Food Standards Code – Standard 1.6.2 – Processing requirements for meat applies exclusively within Australia and pertains to the processing requirements for meat, including game meat and fermented meat products. This legislative instrument, as detailed in the explanatory statement, is developed under the Food Standards Australia New Zealand Act 1991, which empowers Food Standards Australia New Zealand to create and revise food standards. The Authority followed the specified procedure for proposing and considering variations to the Code, involving two rounds of public consultation. Notably, the variations are not subject to disallowance or sunsetting under the Legislative Instruments Act 2003, and they do not incorporate any documents by reference, although some references within the document have been updated. This legislative 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 sections of this legislation pertain to the revision of food standards in the Australia New Zealand Food Standards Code, specifically focusing on Chapters 1 and 2. Under section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), Food Standards Australia New Zealand (FSANZ) is responsible for developing standards and variations of standards for the Code (sections 1 and 2). This includes the creation and approval of Proposal P1025, which aims to revise the Code, in accordance with the procedures outlined in Division 2 of Part 3 of the FSANZ Act (section 1). The Authority is mandated to publish a notice regarding any standard or draft variation of a standard under section 92 of the FSANZ Act (section 1). Furthermore, section 94 of the FSANZ Act specifies that such standards or variations, once a notice has been published, become legislative instruments but are exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 (section 1).
The obligations imposed by the Act on FSANZ include the development and approval of a draft revised Code, adherence to the prescribed consultation process, and the publication of a notice as required by the FSANZ Act. FSANZ must also ensure that the variations to food regulatory measures do not incorporate any new documents by reference but may update existing references (section 3). The Authority must follow the specific procedure outlined in Subdivision F of Division 2 of Part 3 of the FSANZ Act, which includes two rounds of public comment following the assessment and preparation of a draft Standard and associated reports (section 4).
Breach of the obligations set out in the FSANZ Act can lead to various consequences. While the specific penalties are not detailed in the explanatory statement, non-compliance with the Act's requirements could potentially result in legal challenges or administrative actions. Moreover, the exemption from the requirements for a statement of compatibility with human rights under section 94 of the FSANZ Act implies that these legislative instruments are designed to operate within the existing legal framework without necessitating additional human rights compatibility assessments (section 5).