Australia New Zealand Food Standards Code – Transitional Variation 2015 (Application A1103 – Citric & Lactic Acids as Food Additives in Beer & related Products)

Overview

The Food Standards Australia New Zealand Amendment (2015 Measures) Instrument 2015 (F2015L01385) was enacted to facilitate the amendment of the Australia New Zealand Food Standards Code by allowing the use of citric and lactic acid as food additives in beer and related products. This legislative instrument amends the Food Standards Australia New Zealand Act 1991 (FSANZ Act), addressing a gap identified through Proposal P1025, which aimed to enhance the clarity and legal efficacy of the Food Standards Code. The Authority's role in developing and varying food regulatory measures, as specified in Division 1 of Part 3 of the FSANZ Act, was leveraged to consider and approve Application A1103, resulting in the draft variation to Standard 1.3.1 of the existing Code. This process involved a single round of public consultation, as required by the Act, and was subsequently approved by the Australia and New Zealand Ministerial Forum on Food Regulation. The legislative instrument 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), including the development and variation of standards in the Australia New Zealand Food Standards Code. The legislation applies to FSANZ as the Authority and to all entities and persons involved in the production, sale, and regulation of food products within Australia and New Zealand. The approved variation to the Code, which allows the use of citric and lactic acid as food additives in beer and related products, will take effect on 1 March 2016 and will replace the existing Code upon its repeal on that date. The variation does not incorporate any documents by reference and is exempt from a Regulation Impact Statement due to its minor impact on business and individuals. The Authority's consideration of the application included one round of public consultation, and the variation is a legislative instrument not subject to parliamentary disallowance or sunsetting.

Key Provisions

The key provisions of the legislation concern the amendment of food standards in Australia, specifically allowing the use of citric and lactic acid as food additives in beer and related products. According to section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), Food Standards Australia New Zealand (FSANZ) is responsible for developing and varying standards included in the Australia New Zealand Food Standards Code (Code). Section 92 of the FSANZ Act mandates that FSANZ must publish a notice about any draft variation of a standard, and section 94 specifies that such variations are legislative instruments not subject to parliamentary disallowance or sunsetting. The Authority accepted Application A1103 which sought to amend Standard 1.3.1 of the existing Code to allow the use of these acids in beer and related products, and the Authority has approved this variation. The obligations imposed on parties or entities by this legislation include the requirement for FSANZ to undertake a review and public consultation as outlined in Division 1 of Part 3 of the FSANZ Act. FSANZ must consider applications for the development or variation of food regulatory measures, such as the application to amend Standard 1.3.1, and prepare a draft variation and associated report. Following this, a public consultation round is mandatory, ensuring that stakeholders have the opportunity to provide input. The Authority must also publish a notice about the draft variation, as stipulated by section 92 of the FSANZ Act. Moreover, the Authority must ensure consistency between the existing and revised Code by making necessary amendments to Schedule 15. Failure to comply with the provisions of this legislation can result in civil or criminal consequences. Although the explanatory statement does not explicitly outline the penalties, breaches of food standards can lead to regulatory actions, fines, or other sanctions under relevant food safety laws. The specific penalties depend on the nature and severity of the breach but can include substantial fines for businesses that fail to comply with the approved standards. Additionally, individuals or entities found in violation of the approved variation could face legal action, which may include court-imposed penalties or orders to cease non-compliant activities. The legislation also highlights that this variation is exempt from certain requirements, such as a statement of compatibility with human rights, as it is a non-disallowable instrument under section 94 of the FSANZ Act. Furthermore, the Office of Best Practice Regulation has exempted the need for a Regulation Impact Statement for this application, as the amendments to Schedule 15 are considered to have a minor impact on business and individuals. This reflects the voluntary nature of using these food additives and their classification as machinery in the context of food regulation.