Australia New Zealand Food Standards Code – Standard 2.6.4 – Formulated caffeinated beverages

Overview

The Food Standards Australia New Zealand Act 1991 was enacted to provide a framework for the establishment and operation of Food Standards Australia New Zealand (FSANZ) and to ensure that food standards and other food regulatory measures are developed in a scientifically sound and transparent manner. The Act aims to protect public health and safety and to facilitate market access and consumer confidence in the food supply. In accordance with the FSANZ Act, FSANZ prepared Proposal P1025 to revise the Australia New Zealand Food Standards Code. This proposal has been approved by FSANZ and the Legislative and Governance Forum on Food Regulation, and a draft revised Code has been published. The variations primarily focus on updating definitions and compositional requirements for specific foods, including formulated caffeinated beverages. Public consultation was conducted in accordance with the procedures outlined in the FSANZ Act, and the variations are not subject to parliamentary disallowance or sunsetting. This legislative instrument is exempt from the requirement for a statement of compatibility with human rights as it is a non-disallowable instrument.

Scope and Application

The F2015L00467 legislation applies to Food Standards Australia New Zealand (FSANZ) and encompasses the process and authority for the development, variation, and publication of standards within the Australia New Zealand Food Standards Code. FSANZ is mandated by the Food Standards Australia New Zealand Act 1991 to develop food standards, and this legislation reflects the Authority's function to revise and update these standards. The legislative instrument outlines the procedure FSANZ follows, including public consultations, and specifies that the standards are not subject to parliamentary disallowance or sunsetting. These variations, particularly in Chapter 2, Part 6 concerning non-alcoholic beverages, are designed to protect public health and safety, prevent misleading practices, and facilitate market access. The legislation applies nationally, covering both Australia and New Zealand, and extends to all entities and individuals involved in the production, sale, and regulation of food products within these jurisdictions. The instrument does not incorporate any documents by reference but updates some references within the Code. Exemptions include the requirement for a statement of compatibility with human rights due to the nature of the instrument as a non-disallowable legislative instrument.

Key Provisions

The main operative sections of this legislation concern the development and approval of variations to food regulatory measures by Food Standards Australia New Zealand (FSANZ) (s 92, s 94 FSANZ Act). The Authority is mandated to publish a notice regarding the standard or draft variation of a standard, and such standards or variations are deemed to be legislative instruments. However, they are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 (s 94 FSANZ Act). The specific variations approved relate to Chapters 1 and 2 of the Australia New Zealand Food Standards Code, particularly concerning formulated caffeinated beverages, with new sections introduced to define terms and reiterate existing compositional and labelling requirements (s 2.6.4 FSANZ Act). The obligations imposed by this Act on parties or entities include the requirement for FSANZ to consider proposals for food regulatory measures, conduct public consultations, and prepare associated reports and impact statements where necessary. FSANZ must also ensure that any proposed variations to the Code are compatible with relevant human rights, although this particular instrument is exempt from such requirements due to its non-disallowable nature (s 94 FSANZ Act). The Authority is further required to update references to documents incorporated by reference within the Code and to publish notices about any variations in accordance with the stipulated procedures (s 92, s 94 FSANZ Act). Failure to comply with the provisions of this Act can result in civil or criminal consequences, although specific penalties are not detailed within the explanatory statement. Generally, breaches of food standards and regulations can lead to enforcement actions, including fines and other sanctions, as outlined in the relevant application Acts. The exact penalties would depend on the specific nature of the breach and the applicable provisions within those Acts. In summary, the Act facilitates the development and implementation of food regulatory measures by FSANZ, including specific variations to the Australia New Zealand Food Standards Code, with an emphasis on public consultation and compatibility with human rights where applicable. The approved variations focus on clarifying definitions and reiterating existing standards for formulated caffeinated beverages. Non-compliance with these standards can result in enforcement actions, although the specific penalties are governed by other related legislation.