Food Standards (Application A1056 – Dimethyl Ether as a Processing Aid for Dairy Ingredients & Products) Variation

Overview

The legislative instrument titled Food Standards Australia New Zealand (Dimethyl Ether as an Extraction Solvent Processing Aid for Dairy Ingredients and Dairy Products) Instrument 2012, issued under the authority of the Food Standards Australia New Zealand Act 1991, was enacted to address the gap in food standards concerning the use of dimethyl ether as an extraction solvent processing aid for dairy ingredients and dairy products. The Food Standards Australia New Zealand Act provides the framework for the development of food standards, and this instrument was developed following a submission to the Authority to approve the use of dimethyl ether in the specified context. The instrument was approved following a public consultation process as mandated by the Act, and it specifies the use of dimethyl ether in the treatment of dairy ingredients and dairy products, setting a maximum permitted level of 2 mg/kg in the final treated food. The instrument also incorporates a definition for 'dairy ingredient' and specifies the dimethyl ether in the Schedule to Standard 1.3.4. The instrument was deemed to have a minor impact on business and individuals, and accordingly, a Regulation Impact Statement was not required. This legislative instrument is exempt from the requirement for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act.

Scope and Application

The F2012L00929 legislation pertains to the approval of using dimethyl ether as an extraction solvent processing aid for dairy ingredients and dairy products, administered by Food Standards Australia New Zealand (FSANZ) under the Food Standards Australia New Zealand Act 1991. This legislation applies to individuals and entities involved in the production, processing, and sale of dairy products within the Commonwealth of Australia. Its primary purpose is to update the Australia New Zealand Food Standards Code by incorporating a new specification for dimethyl ether, allowing its use as a processing aid in dairy products with a maximum permitted level of 2 mg/kg in the final treated food. This Act does not extend its application through subordinate instruments but operates directly under the FSANZ Act, which outlines the procedures for considering applications and variations of food standards. The legislation does not incorporate any documents by reference and was subject to a single round of public consultation following the release of an Assessment Report. Exemptions from the requirement for a statement of compatibility with human rights apply as it is a non-disallowable instrument under the FSANZ Act.

Key Provisions

The main sections of the legislation outline the process and approval for the use of dimethyl ether as an extraction solvent processing aid for dairy ingredients and products. Specifically, Section 92 of the FSANZ Act mandates the Authority to publish a notice about the draft standard or draft variation of a standard, which has been followed here. Section 94 specifies that such standards or variations are legislative instruments but are exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. The Act imposes several obligations on the parties involved. Firstly, it mandates Food Standards Australia New Zealand (FSANZ) to consider applications for the development or variation of food regulatory measures in accordance with the procedures outlined in Division 1 of Part 3 of the FSANZ Act. This includes conducting public consultations as part of the approval process. Secondly, the Authority must ensure that any draft standard or variation is published, as required by Section 92. Finally, FSANZ must incorporate the new specifications and permissions into the Australia New Zealand Food Standards Code, which is achieved through the insertion of a new specification for dimethyl ether into the Schedule of Standard 1.3.4. Failure to comply with the provisions of this legislation can result in various consequences. Although the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that breaches of the FSANZ Act or non-compliance with the standards set forth could lead to enforcement actions by FSANZ or other regulatory bodies. These actions could include fines, legal proceedings, or other administrative penalties as deemed appropriate under the relevant legislation. Additionally, since this instrument is exempt from the requirements for a statement of compatibility with human rights, it suggests that the focus is on maintaining food safety and regulatory compliance rather than addressing human rights considerations directly. Nevertheless, any failure to adhere to the established standards could indirectly impact public health and safety, leading to potential legal ramifications for non-compliance.