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 5—Dairy products)
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 2.5.5 – Butter
New section 2.5.5—1 Name
This section establishes that the instrument is the Australia New Zealand Food Standards Code – Standard 2.5.5 – Butter.
New section 2.5.5—2 Definitions
This section has no operative part. It provides a note reference to the definition of ‘butter’ that is now set out in section 1.1.2—3.
New section 2.5.5—3 Requirement for food sold as butter
This provision sets out the requirement that a food sold with the name butter must conform to the definition of butter and comply with the compositional requirement relating to milkfat content.
[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 Explanatory Statement for the legislative instrument F2015L00423 pertains to amendments in the Australia New Zealand Food Standards Code, particularly concerning dairy products, and was enacted to address the need for updated standards to ensure public health and safety. Enacted under the authority of the Food Standards Australia New Zealand Act 1991, the instrument was developed by Food Standards Australia New Zealand (FSANZ) to revise standards related to butter, which is part of broader efforts to enhance food safety and consumer protection. The FSANZ Act mandates that FSANZ develop and vary food standards and regulatory measures, which must be published and considered by the Legislative and Governance Forum on Food Regulation before becoming effective. The approved variations are exempt from parliamentary disallowance and sunsetting, as outlined in section 94 of the FSANZ Act. The process included two rounds of public consultation and an assessment, and a Regulation Impact Statement was deemed unnecessary due to the minor impact of the proposed changes. This legislative update aligns with the overarching policy objective of maintaining and improving food standards to safeguard public health and ensure fair market practices.
Scope and Application
The F2015L00423 legislative instrument pertains to the Australia New Zealand Food Standards Code, specifically focusing on the revision of standards concerning butter as outlined in Chapter 2, Part 5. This Act applies to entities and individuals involved in the production, sale, and distribution of dairy products within the Commonwealth of Australia. It encompasses standards for the composition and labelling of butter, ensuring that any food sold as butter adheres to the defined composition and labelling requirements to protect public health and safety. The Act applies nationally across Australia, and its provisions are integral to maintaining uniform food standards across state and territory boundaries. The instrument does not incorporate any documents by reference but updates certain references within the existing documentation. Public consultation was integral to the development of this instrument, with two rounds of public comment periods allowing stakeholders to provide feedback on the proposed changes. The variations proposed under this instrument are deemed to have a minor impact, thereby not requiring a Regulation Impact Statement. Notably, this instrument is exempt from the requirements of a statement of compatibility with human rights, given its status as a non-disallowable instrument under the FSANZ Act.
Key Provisions
The main sections of this legislation focus on the development and variation of food regulatory measures under the Food Standards Australia New Zealand Act 1991 (FSANZ Act). Section 13 of the FSANZ Act specifies the Authority’s functions in developing and varying standards, which are incorporated into the Australia New Zealand Food Standards Code (Code). Division 2 of Part 3 of the FSANZ Act details the process for considering proposals for such developments or variations, and section 92 requires the Authority to publish a notice about any proposed standards or variations. Section 94 further specifies that these standards or variations are legislative instruments but are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. In this context, the Authority has approved variations of Chapters 1 and 2 of the Code, specifically focusing on food standards for specific foods, such as dairy products, and compositional requirements for butter.
The obligations imposed on parties governed by this legislation include ensuring that any food sold under the name 'butter' conforms to the definition and compositional requirements set out in the Code. This means that food products marketed as butter must meet specific criteria regarding milkfat content. The Authority is also obligated to follow the procedure outlined in the FSANZ Act for considering proposals for variations in food regulatory measures, which includes public consultation periods as specified. Additionally, the Authority must publish notices about any proposed standards or variations, ensuring transparency and allowing for public feedback.
Failure to comply with the standards and requirements set out in the Code may result in legal consequences. Under the FSANZ Act, non-compliance with food standards can lead to enforcement actions. While specific penalties are not detailed in this explanatory statement, the FSANZ Act generally provides for penalties that can include fines. The exact penalties would depend on the severity and nature of the breach, as well as any relevant state or territory legislation. Civil or criminal actions may also be pursued in cases of significant non-compliance, depending on the jurisdiction and the specific circumstances of the breach.