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 2—Food standards for specific foods, Part 10—Standards for other foods)
Chapter 2 of the Australia New Zealand Food Standards Code establishes:
- prescribed standards for the purposes of the false description of foods provisions of the application Acts [2]; and
- compositional requirements that are relevant for both the Code[3] and the false description of foods provisions of the application Acts.
Definitions are provided in a Chapter 2 standard, also referred to as a commodity standard, if they can be justified on the grounds of protecting public health and safety, preventing misleading practices or facilitating market access.
Definitions may be included in a Chapter 2 standard to define the scope of the standard and to assist enforcement officers in their assessment of the provisions of the standard; to avoid confusion. When specific definitions are not included in a Chapter 2 standard, enforcement officers and manufacturers may refer to dictionaries for clarification.
Compositional requirements are stated when it is necessary that a food that is sold on the basis that it is a defined food have a particular composition.
Standard 2.10.1 – Vinegar and related products
New section 2.10.1—1 Name
This section establishes that the instrument is the Australia New Zealand Food Standards Code – Standard 2.10.1 – Vinegar and related products.
New section 2.10.1—2 Definitions
This section has no operative part. It provides a note reference to the definitions of ‘imitation vinegar’ and ‘vinegar’ in section 1.1.2—3.
New section 2.10.1—3 Requirement for food sold as vinegar or imitation vinegar
This provision sets out the requirement that a food sold with the name vinegar or imitation vinegar must conform to the definition of vinegar or imitation vinegar, as appropriate.
[1] Previously known as the Australia and New Zealand Food Regulation Ministerial Council
[2] Section 18 of the model food provisions
[3] Section 17 of the model food provisions
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to establish Food Standards Australia New Zealand (FSANZ) as the independent statutory authority responsible for developing food standards and ensuring the safety and quality of the food supply in Australia and New Zealand. The Act aims to provide a consistent and science-based approach to food regulation across the two countries. The explanatory statement for the legislative instrument FSANZ 2015 L00484 indicates that the Authority has approved variations to Chapters 1 and 2 of the Australia New Zealand Food Standards Code, which includes updates to compositional requirements for specific foods and definitions relevant to protecting public health and safety and preventing misleading practices. The FSANZ Act stipulates a process for the Authority to prepare and consider proposals for the development or variation of food regulatory measures, including standards, and requires the Authority to publish a notice about the standard or draft variation of a standard. This legislative instrument, which updates the food standards for vinegar and related products, is a non-disallowable instrument under section 94 of the FSANZ Act and is exempt from the requirements for a statement of compatibility with human rights.
The FSANZ Act is administered by the Parliament of Australia, which has the authority to enact legislation that governs food regulation and safety in Australia and New Zealand. The policy objective of the Act is to ensure that the food supplied in Australia and New Zealand is safe, of high quality, and accurately described, thereby protecting public health and safety and facilitating fair trade practices. The Authority's consideration of Proposal P1025 included two rounds of public consultation, and a Regulation Impact Statement was not required as the proposed variations to the Code are likely to have a minor impact on business and individuals. The Authority must publish a notice about the standard or draft variation of a standard under section 92 of the FSANZ Act, and the standard or variation of a standard in relation to which a notice is published is a legislative instrument but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
Scope and Application
The Food Standards Australia New Zealand Act 1991 empowers the Authority to develop and vary food standards, including the Australia New Zealand Food Standards Code, with specific application to the protection of public health and safety, prevention of misleading practices, and facilitation of market access. These standards apply to persons and entities involved in the food industry across Australia and New Zealand, ensuring uniformity in food safety and quality. The geographic scope of this legislation is national, extending across both countries. While the Act allows for the development and variation of standards, it explicitly states that these legislative instruments are not subject to parliamentary disallowance or sunsetting, thus ensuring their continued efficacy. However, the variations do not incorporate any documents by reference, and while they update some references, they do not extend application through subordinate instruments beyond the approved draft Code. Exemptions from compatibility statements with human rights apply due to the nature of these instruments as non-disallowable under the Act.
Key Provisions
The key operative sections of this legislation involve the approval and publication of variations to the Australia New Zealand Food Standards Code (the Code) concerning vinegar and related products. Specifically, Section 2.10.1 introduces a new standard for vinegar and imitation vinegar, setting out definitions and compositional requirements (sections 2.10.1-2 and 2.10.1-3). This section mandates that any food sold under the names vinegar or imitation vinegar must adhere to the specified definitions of these terms.
The obligations imposed by this Act on the parties governed by it include ensuring that any food marketed as vinegar or imitation vinegar meets the compositional standards and definitions outlined in the Code. Food manufacturers, distributors, and retailers must comply with these standards to avoid misleading consumers and to protect public health and safety. Additionally, enforcement officers are tasked with the responsibility of ensuring compliance with these standards, utilising the definitions provided within the Code and potentially referring to external dictionaries when necessary.
Breaches of the standards set out in the Code may result in various civil and criminal consequences. Although the specific penalties are not detailed in the explanatory statement, violations of food standards can generally lead to enforcement actions by regulatory bodies. Such actions might include fines, product recalls, and in severe cases, legal proceedings against the offending party. The maximum penalties would typically be determined by the relevant state or territory legislation governing food safety and standards.