Australia New Zealand Food Standards Code – Standard 2.8.3 – Native bee honey

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Legislation au F2024L00893 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Food Standards Australia New Zealand Act 1991

Australia New Zealand Food Standards Code – Standard 2.8.3 – Native bee honey

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 1 of Part 3 of the FSANZ Act specifies that the Authority may accept applications for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering an application for the development or variation of food regulatory measures.

The purpose of the application was to amend the Code to permit the sale and use of honey produced by stingless bees native to Australia.

The Authority considered the Application in accordance with Division 1 of Part 3 and has approved two draft regulatory measures: a draft Standard (Australia New Zealand Food Standards Code – Standard 2.8.3 – Native bee honey); and a draft variation (Food Standards (Application A1257 – Australian native bee honey – Consequential Amendments) Variation. This draft explanatory statement relates to the approved draft Standard.

Following consideration by the Food Ministers’ Meeting (FMM), section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the draft Standard.

2. Variation is a legislative instrument

The approved draft Standard is a legislative instrument for the purposes of the Legislation Act 2003 (see section 94 of the FSANZ Act) and is publicly available on the Federal Register of Legislation (www.legislation.gov.au).

This instrument is not subject to the disallowance or sunsetting provisions of the Legislation Act 2003. Subsections 44(1) and 54(1) of that Act provide that a legislative instrument is not disallowable or subject to sunsetting if the enabling legislation for the instrument (in this case, the FSANZ Act): (a) facilitates the establishment or operation of an intergovernmental scheme involving the Commonwealth and one or more States; and (b) authorises the instrument to be made for the purposes of the scheme. Regulation 11 of the Legislation (Exemptions and other Matters) Regulation 2015 also exempts from sunsetting legislative instruments a primary purpose of which is to give effect to an international obligation of Australia.

The FSANZ Act gives effect to an intergovernmental agreement (the Food Regulation Agreement) and facilitates the establishment or operation of an intergovernmental scheme (national uniform food regulation). That Act also gives effect to Australia’s obligations under an international agreement between Australia and New Zealand. For these purposes, the Act establishes the Authority to develop food standards for consideration and endorsement by the FMM. The FMM is established under the Food Regulation Agreement and the international agreement between Australia and New Zealand, and consists of New Zealand, Commonwealth and State/Territory members. If endorsed by the FMM, the food standards on gazettal and registration are incorporated into and become part of Commonwealth, State and Territory and New Zealand food laws. These standards or instruments are then administered, applied and enforced by these jurisdictions’ regulators as part of those food laws.

3. Purpose

Honey from Australian native stingless bees cannot currently be sold in Australia and New Zealand as it does not meet the definition of honey in the Code and the compositional requirements for honey in Standard 2.8.2 – Honey.

The Authority has approved a draft new Standard, Standard 2.8.3 – Native bee honey which will be included in the Code. The measures in the draft Standard, along with measures in a draft variation and existing measures in the Code, permit and regulate the sale and use of native bee honey.

4. Documents incorporated by reference

The approved draft Standard does not incorporate any documents by reference.

5. Consultation

In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1257 included one round of public consultation following an assessment and the preparation of a draft Standard, a draft variation and an associated report. Submissions were called for on 22 November 2023 for an 8-week consultation period.

Changes have been made to the Impact Analysis requirements by the Office of Impact Analysis (OIA) [1]. Impact analysis no longer must be finalised with the OIA. Under the new approach, FSANZ’s assessment is that a regulatory impact statement is not required for this application, as the proposed changes address regulatory uncertainty surrounding the sale of Australian native bee honey and are not likely to create significant impacts. There may be small costs of compliance to industry, however, industry may benefit from regulatory certainty, and consumers may benefit from clear labelling requirements to make informed choices.

6. 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 44 of the Legislation Act 2003.

7. The draft Standard

The approved draft Standard is introduced by two notes providing information about the place of the Standard within the Code and the application of the relevant draft Standard in New Zealand. The first note in the approved draft Standard explains that the instrument is a standard under the FSANZ Act, and that the draft Standard and the other standards together make up the Code. The second note in the approved draft Standard explains that provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ).

The approved draft Standard contains the following provisions.

Division 1

This Division contains the following preliminary provisions of the approved draft Standard.

Section 1:  This provision establishes the name of the draft Standard i.e.: Australia New Zealand Food Standards Code – Standard 2.8.3 – Native Bee Honey.

The note to section 1 in the approved draft Standard explains that the draft Standard commences on the date of gazettal, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth) (see also section 93 of this Act).

Section 2: This provision signposts to subsection 1.1.2—3(2) of Standard 1.1.2, where the definition of ‘native bee honey’ is provided (see item [1] of the Food Standards (Application A1257 – Australian native bee honey – Consequential Amendments) Variation); and sets out a copy of that definition.

Division 2

This Division contains the following provisions related to requirements for food sold as native bee honey (as defined in the Code).

Section 3: This provision sets out the following compositional requirements of food sold as native bee honey.

A food that is sold as native bee honey must:

  • be native bee honey (as per the definition of this term in subsection 1.1.2—3(2)); and
  • contain:

        no less than 50% reducing sugars; and

        no more than 28% moisture; and

        no less than 2% trehalulose.

Section 4: This provision sets out the following labelling requirements for native bee honey.

For the labelling provisions, which (as explained in the note to this section) are set out in Standard 1.2.1:

  • ‘honey’ is a prescribed name for native bee honey; and
  • the prescribed name must be presented in conjunction with a description that adequately describes the true nature of native bee honey e.g. ‘Native bee honey’, ‘Native stingless bee honey’, and ‘Australian native bee honey’.

The ‘prescribed name’ of a particular food is defined in subsection 1.1.2—2, as meaning a name declared by a provision of the Code to be the prescribed name of the food.

 

[1] Regulatory Impact Analysis Guide for Ministers’ Meetings and National Standard Setting Bodies | The Office of Impact Analysis (pmc.gov.au)

Overview

The Food Standards Australia New Zealand Act 1991 was enacted to establish Food Standards Australia New Zealand (FSANZ) as the body responsible for the development and maintenance of the Australia New Zealand Food Standards Code, which includes food safety and composition standards. This Act was introduced to address the need for harmonised food standards across Australia and New Zealand, facilitating trade and ensuring consumer protection. The Australian Parliament enacted this Act to provide a framework for national food regulation, which is overseen by the Food Ministers’ Meeting, an intergovernmental body comprising representatives from Australia and New Zealand. The primary policy objective of the Act is to ensure the safety and quality of food through the establishment of uniform standards that are based on the best available scientific evidence. The Act was designed to streamline food regulation, reduce duplication, and enhance efficiency in food regulatory practices across the participating jurisdictions. Under the FSANZ Act, FSANZ is tasked with developing standards and variations for inclusion in the Food Standards Code. The Act allows for the acceptance of applications from stakeholders seeking the development or variation of food regulatory measures, including standards. This process involves public consultation and the consideration of submissions. The explanatory statement outlines the approval of a draft Standard 2.8.3 – Native bee honey, which aims to permit the sale and use of honey produced by Australian native stingless bees, which currently do not meet the compositional requirements for honey in the existing standards. The approved draft Standard, which will be incorporated into the Food Standards Code, includes compositional and labelling requirements for native bee honey, reflecting the unique characteristics of this product. The draft Standard has undergone public consultation, and a regulatory impact statement was deemed unnecessary due to the anticipated minimal impact on industry and consumers. The Act ensures that the legislative instruments developed under its authority are compatible with Australia’s international obligations and are subject to appropriate oversight and review processes.

Scope and Application

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) governs the functions of Food Standards Australia New Zealand (FSANZ), including the development and variation of food regulatory measures such as standards and variations to be included in the Australia New Zealand Food Standards Code (the Code). This Act applies to food standards and variations within the intergovernmental scheme of national uniform food regulation, which involves the Commonwealth, states, territories, and New Zealand. The approved draft Standard 2.8.3 – Native bee honey is a legislative instrument under the FSANZ Act, intended to permit and regulate the sale and use of honey produced by Australian native stingless bees, which previously did not meet the existing compositional requirements in the Code. The draft Standard, which is not subject to disallowance or sunsetting, will be endorsed by the Food Ministers’ Meeting and incorporated into the Code, becoming part of the national food laws. Once endorsed and registered, it will be administered and enforced by regulators across the Commonwealth, states, territories, and New Zealand. The draft Standard specifies compositional and labelling requirements for native bee honey, including a definition and criteria such as sugar content and moisture levels, and mandates that it be labelled with a prescribed name accompanied by a descriptive term. The draft Standard does not incorporate any documents by reference and is exempt from requiring a statement of compatibility with human rights as it is a non-disallowable instrument under the Legislation Act 2003.

Key Provisions

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) outlines the process for developing food standards and variations, including the creation of Standard 2.8.3 – Native bee honey. Section 13 of the FSANZ Act grants Food Standards Australia New Zealand (the Authority) the power to develop such standards, while Division 1 of Part 3 of the Act details the application and consideration procedure for these measures. The Authority approved a draft Standard and a draft variation to permit the sale and use of honey produced by Australian native stingless bees, which currently do not meet the definition and compositional requirements of the existing honey standards in the Australia New Zealand Food Standards Code (the Code). The approved draft Standard and variation impose specific obligations on parties involved in the sale and use of native bee honey. Firstly, any food sold as native bee honey must meet the compositional requirements outlined in Section 3 of the draft Standard, including a minimum of 50% reducing sugars, a maximum of 28% moisture, and a minimum of 2% trehalulose. Secondly, the labelling requirements in Section 4 mandate that native bee honey must bear a prescribed name such as ‘Native bee honey’, ‘Native stingless bee honey’, or ‘Australian native bee honey’, accompanied by an adequate description of its true nature. These requirements ensure that consumers receive accurate information about the product they are purchasing. The FSANZ Act does not outline specific offences, penalties, or civil/criminal consequences for breaches of the new native bee honey Standard. However, non-compliance with food standards in Australia and New Zealand generally may result in enforcement actions by relevant food regulators, including fines, product recalls, and legal proceedings. The draft Standard is a legislative instrument not subject to disallowance or sunsetting provisions, reflecting its role in facilitating intergovernmental food regulation schemes and international obligations. The Authority’s consideration of the draft Standard included a round of public consultation, with changes made to the Impact Analysis requirements by the Office of Impact Analysis (OIA). The FSANZ Act requires the Authority to publish a notice about the draft Standard, which is publicly available on the Federal Register of Legislation. The Authority’s assessment concluded that a regulatory impact statement was not required for this application, as the proposed changes address regulatory uncertainty and are not expected to create significant impacts, though there may be small compliance costs for industry. Overall, the new Standard aims to provide regulatory certainty and clear labelling for consumers of native bee honey.

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Area of Law
Food Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance Obligations
Labelling Requirements

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.