Food Standards (Application A1062 – Dimethyl Ether as a Processing Aid for Non-dairy Ingredients & Products) Variation

Overview

The Food Standards Australia New Zealand Amendment Instrument 2012 (F2012L00930) was enacted to address the need for a regulatory framework governing the use of dimethyl ether as an extraction solvent processing aid in food products, except for dairy ingredients and products. This legislative instrument was introduced under the authority of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) by the Commonwealth Parliament. The primary policy objective of this amendment is to enhance food safety and public health by ensuring that any approved processing aids, such as dimethyl ether, meet stringent safety standards before they can be used in the food industry. The FSANZ Act mandates that the Authority must publish a notice about the draft standard or draft variation of a standard, ensuring transparency and public consultation in the regulatory process. This legislative measure ensures that dimethyl ether can be safely used in food processing, provided it adheres to the specified maximum permitted level of 2 mg/kg in the final treated food.

Scope and Application

The legislation in question pertains to the approval of dimethyl ether as an extraction solvent processing aid for foods, with a notable exclusion for dairy ingredients and products. This decision was made by Food Standards Australia New Zealand (FSANZ) under the Food Standards Australia New Zealand Act 1991, which mandates the Authority to develop food standards and variations. The legislation applies to food manufacturers and processors who seek to utilise dimethyl ether in their food treatment processes, with the exception of dairy ingredients and products. The geographic reach of this legislation is national, as it applies across Australia under the FSANZ Act. The legislation is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, but it is subject to the public consultation process outlined in the FSANZ Act. There are no incorporated documents by reference, and no Regulation Impact Statement was required as the variation was considered to have a minor impact. The legislation does not require a statement of compatibility with human rights, being a non-disallowable instrument under the FSANZ Act.

Key Provisions

The main operative sections of the legislation (F2012L00930) pertain to the approval of dimethyl ether as an extraction solvent processing aid for foods, excluding dairy ingredients and products. According to section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), Food Standards Australia New Zealand (the Authority) has the function of developing standards for inclusion in the Australia New Zealand Food Standards Code. Under section 92 of the FSANZ Act, the Authority must publish a notice regarding the draft standard or variation of a standard, which, as per section 94, is considered a legislative instrument but is exempt from parliamentary disallowance or sunsetting. The operative part of the legislation, as per Item [1], permits the use of dimethyl ether in all foods except dairy ingredients and products with a maximum permitted level of 2 mg/kg in the final treated food. This change is intended to provide flexibility and safety in food processing practices. The Act imposes several obligations and requirements on the parties involved. The Authority is mandated to consider applications for variations of food regulatory measures and follow the stipulated procedure outlined in Division 1 of Part 3 of the FSANZ Act. This includes conducting public consultations as part of the assessment process. For Application A1062, this involved releasing an Assessment Report for a six-week consultation period. Additionally, the Authority must ensure that the proposed variation aligns with the purpose and operation of the Act, which in this case, is to allow the use of dimethyl ether in food processing while maintaining safety standards. There are potential consequences for non-compliance with the provisions of the Act. While the specific penalties are not detailed in the explanatory statement, general provisions under the FSANZ Act may include fines or other enforcement actions for breaches of food safety standards. The maximum penalties can vary depending on the severity of the breach and may be enforced through civil or criminal proceedings. The exemption of this legislative instrument from parliamentary disallowance or sunsetting underscores the importance of adhering to the standards set forth in the Act. In summary, the Act facilitates the approval of dimethyl ether as an extraction solvent processing aid, imposes obligations on the Authority to conduct proper assessments and consultations, and outlines potential consequences for non-compliance. This ensures that food safety standards are maintained while allowing for necessary variations in food processing practices.