Explanatory Statement
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.
FSANZ accepted Application A1065 which seeks to remove the current volume restriction on package size for milk enriched with phytosterols. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft variation to Standard 2.5.1.
Following consideration by the COAG Legislative and Governance Forum on Food Regulation[1], section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.
Section 94 of the FSANZ Act specifies that a standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
2. Purpose and operation
The Authority has prepared a draft variation of Standard 2.5.1 to delete paragraph 5(b), which refers to the package size for milk being restricted to 1 L.
The variation will remove the restriction on package size for phytosterol enriched milk so that phytosterol-enriched milk can be sold in any volume, consistent with other forms of liquid milk packaging.
The volume restriction was one of several risk management measures designed to encourage appropriate use and consumption of phytosterol-enriched milk by target consumers and discourage use by non-target consumers. Other remaining risk management measures, including mandatory advisory label requirements, are considered by FSANZ to be sufficient for achieving those aims.
3. Documents incorporated by reference
The variations to food regulatory measures do not incorporate any documents by reference.
4. Consultation
In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1065 has included one round of public consultation. Submissions were called for on 26 March 2012 for a six-week consultation period.
A Regulation Impact Statement (RIS) was not required because the proposed variation to Standard 2.5.1 is likely to only have a minor impact on business and individuals.
5. 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 94 of the FSANZ Act.
6. Variation
The variation omits paragraph 5(b) of Standard 2.5.1 and thereby, removes the restriction on package size for phytosterol enriched milk, which enables phytosterol-enriched milk to be sold in any volume.
[1] Previously known as the Australia and New Zealand Food Regulation Ministerial Council