Food Standards (Application A1068 – Hydrogen Peroxide as a Processing Aid) Variation

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a modern and risk-based framework for food regulation across Australia and New Zealand, ensuring food safety and quality standards are maintained and that the interests of consumers are protected. The Act establishes Food Standards Australia New Zealand (FSANZ) as the body responsible for the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code). The explanatory statement outlines the Authority's approval of a draft variation to Standard 1.3.3, allowing the use of hydrogen peroxide as a processing aid to control the population of lactic acid producing microorganisms and stabilise the pH during the production of certain dairy products. This was achieved through a formal application process, including public consultation, under the provisions of the FSANZ Act. The policy objective is to ensure that food standards are scientifically based and protect public health while facilitating trade and innovation within the food industry.

Scope and Application

The variation to Standard 1.3.3 approved by Food Standards Australia New Zealand (FSANZ) applies to the food manufacturing industry, specifically to those entities involved in the production of fermented milk, fermented milk products, and cheese made or products made using lactic acid producing microorganisms. This legislative instrument permits the use of hydrogen peroxide as a processing aid to control the population of these microorganisms and stabilise the pH during manufacturing processes. It is important to note that the variation does not extend to the use of hydrogen peroxide in the manufacture of cheese and cheese products made otherwise than with lactic acid producing microorganisms, nor does it serve as an alternative to good hygienic practices or for stabilising deteriorating milk. The application of this variation is national, given that it pertains to standards developed under the FSANZ Act, which has jurisdiction across Australia. The FSANZ Act provides for the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code, and the approved variation is a legislative instrument not subject to parliamentary disallowance or sunsetting. This process ensures that the variation is implemented in accordance with the established procedures and regulatory frameworks set out in the FSANZ Act.

Key Provisions

The main operative sections of this legislation pertain to the approval of a variation to Standard 1.3.3, allowing the use of hydrogen peroxide as a processing aid in the production of specific dairy products (ss 1-6). Under section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), the Authority is tasked with developing and varying food regulatory measures, including standards. This particular variation permits the use of hydrogen peroxide to control lactic acid producing microorganisms and stabilise the pH during the manufacture of fermented milk, fermented milk products, cheese made using lactic acid producing microorganisms, and cheese products made using lactic acid producing microorganisms. Notably, the variation does not permit the use of hydrogen peroxide in the manufacture of cheese and cheese products made otherwise than with lactic acid producing microorganisms, as an alternative to good hygienic practices, or to stabilise deteriorating milk. The Act imposes several obligations and requirements on the Authority and relevant stakeholders. The Authority must consider applications for the development or variation of food regulatory measures in accordance with Division 1 of Part 3 of the FSANZ Act, which includes a process for public consultation. For Application A1068, this involved a six-week public consultation period during which submissions were invited. Additionally, section 92 of the FSANZ Act mandates that the Authority publish a notice about the standard or draft variation of a standard. The Authority must also ensure that any variations do not incorporate documents by reference, as stated in section 3 of this legislation. The legislation outlines specific consequences for non-compliance with the approved variation to Standard 1.3.3. While the explanatory statement does not detail specific offences or penalties, it is implied that non-compliance with food standards and variations approved by the Authority could result in regulatory action. The FSANZ Act and related regulations would govern the enforcement actions, which could include fines, legal proceedings, or other penalties as stipulated in the relevant legislation. Moreover, section 94 of the FSANZ Act specifies that a standard or variation of a standard, in relation to which a notice is published, is a legislative instrument, but it is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. This suggests that the variation has a certain level of legal enforceability and permanence within the regulatory framework.