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 8—Sugar and honey)
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 2.8.2 – Honey
New section 2.8.2—1 Name
This section establishes that the instrument is the Australia New Zealand Food Standards Code – Standard 2.8.2 – Honey.
New section 2.8.2—2 Definitions
This section has no operative part. It provides a note reference to the definition of ‘honey’ in section 1.1.2—3.
New section 2.8.2—3 Requirement for food sold as honey
This provision sets out the requirement that a food sold with the name honey must conform to the definition of honey and satisfy compositional requirements relating to moisture and reducing sugar content.
New section 2.8.2—4 Prescribed name
New section 2.8.2—4 repeats the current provision in clause 3 of Standard 2.8.2 that honey is a prescribed name.
[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 Australia New Zealand Food Standards Code (Variation) (Honey) Instrument 2015, enacted under the Food Standards Australia New Zealand Act 1991, addresses the need to update and revise food standards for honey as part of the Australia New Zealand Food Standards Code. This revision was undertaken by Food Standards Australia New Zealand (FSANZ), which has the authority to develop and vary food standards as stipulated in the FSANZ Act. The instrument follows the procedure outlined in the Act for proposing and considering variations to food regulatory measures. Public consultation was conducted in two rounds, and the proposed variations were deemed to have a minor impact on business and individuals, hence a Regulation Impact Statement was not required. The policy objective of the revisions is to ensure that honey sold in Australia and New Zealand meets the necessary compositional requirements and conforms to the definition of honey, thereby protecting public health and safety and preventing misleading practices. This instrument 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 governs the functions of Food Standards Australia New Zealand (FSANZ) in developing food standards and variations of standards for the Australia New Zealand Food Standards Code. This legislation applies to FSANZ and its activities in developing and varying food regulatory measures, including standards, within the scope defined by the Act. The variations approved in this instance concern Chapter 2 of the Code, specifically Standard 2.8.2 – Honey, which establishes compositional requirements and definitions for foods sold as honey. The provisions apply to entities and individuals involved in the production, sale, and regulation of honey, ensuring that honey conforms to the defined standards and compositional requirements. The application of this Act is national, extending across both Australia and New Zealand. While the Act allows for the development of standards through subordinate instruments, the approved variations in this case are exempt from parliamentary disallowance or sunsetting, as specified under section 94 of the FSANZ Act. There are no exclusions, exemptions, or thresholds outlined in this specific variation, and the variations themselves do not incorporate documents by reference but update some references within the Code.
Key Provisions
The main sections of this legislation, as outlined in the explanatory statement, focus on the revision of food regulatory measures concerning honey. Specifically, section 2.8.2 of Chapter 2 of the Australia New Zealand Food Standards Code is revised to provide clearer standards for food sold as honey. The new section 2.8.2—3 stipulates that any food sold under the name "honey" must adhere to a specific definition and meet certain compositional requirements related to moisture and reducing sugar content (sections 2.8.2—1 and 2.8.2—3). This section replaces the existing provision in clause 3 of Standard 2.8.2, ensuring that honey continues to be a prescribed name (section 2.8.2—4).
The obligations imposed on parties or entities governed by this Act include ensuring that any food marketed as honey meets the newly defined standards and compositional requirements. Manufacturers and sellers must comply with these standards to avoid misleading consumers and to protect public health and safety. The definitions provided in the Code are intended to assist enforcement officers in their assessments and to prevent confusion among both enforcement officers and manufacturers.
Failure to comply with these new standards may result in enforcement actions. While the explanatory statement does not detail specific offences, penalties, or consequences, it is implied that non-compliance could lead to regulatory action under the FSANZ Act. The legislative instrument, once finalised, will be subject to publication requirements as stipulated in section 92 of the FSANZ Act. This means that once a notice is published, the revised standards become enforceable, and any breaches could be subject to penalties under the relevant application Acts, which include provisions for the false description of foods. The absence of a Regulation Impact Statement suggests that the impact of these variations is considered minor, but the necessity for compliance remains stringent.