Australia New Zealand Food Standards Code – Standard 2.7.3 – Fruit wine, vegetable wine and mead

Overview

The Australia New Zealand Food Standards Code Variation Instrument 2015 was enacted to revise and update specific standards within the Australia New Zealand Food Standards Code, primarily addressing the definitions and compositional requirements for certain alcoholic beverages. The Food Standards Australia New Zealand Act 1991 authorised this variation to ensure the standards reflect current public health and safety standards, prevent misleading practices, and facilitate market access. Developed following two rounds of public consultation and approved by the Legislative and Governance Forum on Food Regulation, the changes were deemed to have a minor impact on business and individuals, thus exempting them from the requirement for a Regulation Impact Statement. This legislative instrument aims to clarify definitions and compositional standards for cider, mead, perry, fruit wine, and vegetable wine, ensuring these beverages meet specified criteria when sold under these names, thereby enhancing consumer protection and regulatory clarity.

Scope and Application

The explanatory statement pertains to the development of variations of standards for inclusion in the Australia New Zealand Food Standards Code by Food Standards Australia New Zealand (FSANZ), an entity established under the Food Standards Australia New Zealand Act 1991 (FSANZ Act). These variations specifically concern the standards for certain alcoholic beverages, including cider, mead, perry, fruit wine, and vegetable wine, as outlined in Chapter 2, Part 7 of the Code. This Act applies to individuals and entities involved in the production, sale, and regulation of food products within Australia and New Zealand, ensuring compliance with the standards set forth in the Code. The geographic reach of this Act is national, as it applies to both Australian and New Zealand jurisdictions. The Act does not specify any exclusions or exemptions, but it does indicate that the proposed variations do not incorporate any new documents by reference, although they do update some existing references. The FSANZ Act also specifies that the standards or variations of standards developed by the Authority are legislative instruments but are not subject to parliamentary disallowance or sunsetting. The Authority’s consideration of the proposal involved two rounds of public consultation, and a Regulation Impact Statement was deemed unnecessary due to the minor expected impact on business and individuals. Additionally, 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.

Key Provisions

The primary sections of the legislation in question revolve around the development and variation of food standards in the Australia New Zealand Food Standards Code (Code). Under section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), the Authority, Food Standards Australia New Zealand, is responsible for the creation and amendment of standards within the Code. The process for developing or varying food regulatory measures, including standards, is outlined in Division 2 of Part 3 of the FSANZ Act, which includes a structured procedure for considering proposals. Once a proposal, such as Proposal P1025, has been considered, the Authority must publish a notice about the standard or draft variation under section 92 of the FSANZ Act. It is important to note that while these standards are considered legislative instruments, they are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 (section 94 of the FSANZ Act). The legislation imposes several obligations on the parties and entities it governs. Food Standards Australia New Zealand is mandated to engage in public consultation as part of the consideration process for any proposal. This includes soliciting public comment in two distinct rounds, as was the case with Proposal P1025. Additionally, the Authority is required to ensure that any proposed variations to the Code are compatible with human rights, although this specific instrument is exempt from the human rights compatibility statement requirement. The Authority must also ensure that any updates to the Code are aligned with the false description of foods provisions of the application Acts and are necessary for protecting public health and safety, preventing misleading practices, or facilitating market access. Breach of the provisions set out in this legislation could result in various civil or criminal consequences, although the explanatory statement does not specify exact penalties. The Code itself, once finalised, serves as a regulatory framework that manufacturers and sellers of food products must adhere to. Failure to comply with the standards could result in enforcement actions, which might include fines or other penalties as determined by relevant authorities. The exact nature and severity of these consequences would depend on the specific provisions of the Code and the application Acts, as well as any additional regulations or guidelines issued by Food Standards Australia New Zealand.