Food Standards (Application A1054 – Dibromo-dimethylhydantoin (DBDMH) as a Processing Aid) Variation

Overview

The Food Standards Australia New Zealand Act 1991 was enacted to provide a nationally consistent approach to food standards, aiming to protect public health and safety, and to ensure fair trading practices in the food industry. This Act establishes Food Standards Australia New Zealand (FSANZ) as the body responsible for the development and maintenance of the Australia New Zealand Food Standards Code. FSANZ is tasked with ensuring that the food supplied to consumers is safe, nutritious, and correctly labelled, thus addressing the need for a unified and scientifically sound food regulatory framework across Australia and New Zealand. The Authority operates under the oversight of the Council of Australian Governments (COAG) Legislative and Governance Forum on Food Regulation, ensuring that the standards it develops are aligned with broader national and international food safety objectives. Following the acceptance of Application A1054, FSANZ has approved a draft Standard permitting the use of dibromo-dimethylhydantoin as a washing agent processing aid for all foods, with specified maximum permitted levels. This legislative instrument, which is exempt from parliamentary disallowance and sunsetting, aims to fill the regulatory gap that currently does not allow the use of dibromo-dimethylhydantoin in food processing. The Authority conducted a public consultation in line with the Act's requirements, which included the release of an Assessment Report for feedback. This process ensures that the new standard reflects the latest scientific evidence and public interest considerations, thereby enhancing food safety and consumer protection within the framework established by the FSANZ Act.

Scope and Application

The legislation F2012L01060 pertains to the approval of a draft variation to food standards by Food Standards Australia New Zealand (FSANZ), under the Food Standards Australia New Zealand Act 1991. This Act applies to the Authority, food businesses, food processors, and consumers by enabling the development and variation of food standards within the Australia New Zealand Food Standards Code. The geographic reach of this Act is national, as it applies across Australia and New Zealand. The Act allows FSANZ to consider applications for the development or variation of food regulatory measures, including standards, and mandates the publication of notices regarding draft standards or variations, which are not subject to parliamentary disallowance or sunsetting. The specific variation approved under this legislation permits the use of dibromo-dimethylhydantoin as a washing agent processing aid for all foods, with specified maximum permitted levels, and includes a specification for dibromo-dimethylhydantoin in the Code. This change was subject to public consultation as required by the Act and was deemed to have a minor impact on business and individuals, thus exempt from a Regulation Impact Statement. The legislation does not incorporate any documents by reference and is exempt from human rights compatibility statements as it is a non-disallowable instrument.

Key Provisions

The main sections of the legislation (FSANZ Act sections 13, 92, and 94) provide for the functions of the Authority, including the development of standards for inclusion in the Australia New Zealand Food Standards Code. Section 13 outlines the Authority's ability to accept applications for the development or variation of food regulatory measures, including standards, and the procedure for considering these applications. Following the approval of Application A1054 by the Authority, Section 92 requires the Authority to publish a notice about the standard or draft variation of a standard. The draft variation is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 (Section 94). The Authority has approved a variation to Standard 1.3.3 to permit the use of dibromo-dimethylhydantoin as a washing agent processing aid for all foods. The variation also includes a specification for dibromo-dimethylhydantoin in the Schedule of Standard 1.3.4. The draft variation allows for the use of dibromo-dimethylhydantoin to treat all foods with maximum permitted levels of 2 mg/kg of inorganic bromide and 2 mg/kg of dimethylhydantoin in the final treated food. The variation does not incorporate any documents by reference. The Authority's consideration of Application A1054 included one round of public consultation following an assessment and the preparation of the draft variation. An Assessment Report (which included the draft Standard) was released on 15 November 2011 for a five-week consultation period. A Regulation Impact Statement was not required because the proposed variations to Standards 1.3.3 and 1.3.4 are likely to have a minor impact on business and individuals. 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. The legislation imposes several obligations on the parties or entities it governs. The Authority is required to accept applications for the development or variation of food regulatory measures, including standards, and to consider them in accordance with Division 1 of Part 3 of the FSANZ Act. The Authority is also required to publish a notice about the standard or draft variation of a standard (Section 92) and to ensure that the draft variation is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 (Section 94). Additionally, the Authority is required to include one round of public consultation following an assessment and the preparation of the draft variation. There are no specific offences, penalties, or civil/criminal consequences for breach mentioned in the legislation. However, failure to comply with the requirements of the FSANZ Act, including the obligations imposed by the approved variation, may result in regulatory action or other consequences as determined by the relevant authorities. The maximum penalties for offences under the FSANZ Act are not specified in the legislation.