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
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) provides the legislative framework for the development and management of food standards in Australia and New Zealand. Enacted by the Commonwealth Parliament, this Act addresses the need for a unified and consistent approach to food regulation across the two countries. The Act establishes Food Standards Australia New Zealand (FSANZ) as the body responsible for developing standards and variations of standards for the Australia New Zealand Food Standards Code. The policy objective of the Act is to ensure food safety and public health by setting and maintaining appropriate standards for food sold in Australia and New Zealand.
In accordance with the FSANZ Act, FSANZ has approved a draft variation to Standard 2.5.1, removing the volume restriction on package size for milk enriched with phytosterols. This variation was approved following a public consultation and is intended to align the packaging regulations for phytosterol-enriched milk with those for other forms of liquid milk, while maintaining sufficient risk management measures to ensure appropriate use and consumption. This legislative 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.
Scope and Application
The explanatory statement outlines the process and purpose of a draft variation to Standard 2.5.1, relating to milk enriched with phytosterols, under the Food Standards Australia New Zealand Act 1991. The draft variation, approved by Food Standards Australia New Zealand (FSANZ) following public consultation, seeks to remove the current restriction on the package size of phytosterol-enriched milk, allowing it to be sold in any volume. This change is intended to align the packaging of phytosterol-enriched milk with other forms of liquid milk packaging, while maintaining other risk management measures such as mandatory advisory label requirements. The Authority’s consideration of the application included a round of public consultation, and the proposed variation is considered to have a minor impact on business and individuals, hence a Regulation Impact Statement was not required. The draft variation does not incorporate any documents by reference and 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.
Key Provisions
The primary sections of the legislation (FSANZ Act s 13, Part 3, Division 1, and s 92 and 94) address the Authority's function in developing and varying food standards, the acceptance and consideration of applications for such variations, and the publication of notices regarding draft variations. Specifically, the legislation enables Food Standards Australia New Zealand (FSANZ) to accept applications like Application A1065, which seeks to amend the volume restrictions for phytosterol-enriched milk. The Authority must consider these applications according to the outlined procedures, which include public consultation, and then approve or reject the draft variation. Upon approval, the Authority is mandated to publish a notice about the draft variation, which subsequently becomes a legislative instrument under section 92 but remains exempt from parliamentary disallowance or sunsetting as per section 94.
FSANZ has a set of obligations and requirements under the FSANZ Act, including the acceptance and consideration of applications for food standard variations. For Application A1065, this involved a thorough review process that included one round of public consultation, allowing stakeholders to provide feedback on the proposed changes. Additionally, FSANZ must ensure that the draft variation aligns with the purposes of the Act and maintains consumer protection and safety standards. The Authority is also required to publish a notice regarding the draft variation, ensuring transparency and public awareness of the proposed changes to food standards.
The legislation does not specify any particular offences, penalties, or consequences for breach within the context of this draft variation. However, it is important to note that the FSANZ Act and associated legislative instruments are designed to maintain high standards of food safety and integrity. Any failure to comply with the food standards set out in the FSANZ Act, including those that may be altered by legislative instruments such as this draft variation, could result in regulatory action by FSANZ or other relevant authorities. While specific penalties for breaches of food standards are not detailed in this explanatory statement, they would typically involve enforcement actions, fines, or other regulatory measures as prescribed by the broader legislative framework governing food standards in Australia.