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 A1069 which seeks to permit the irradiation of tomatoes and capsicums as a phytosanitary measure[1]. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft variation to Standard 1.5.3.
Following consideration by COAG Legislative and Governance Forum on Food Regulation[2], 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
Tomatoes and capsicums are currently not permitted to be irradiated in Standard 1.5.3. The Authority has approved a draft variation to Standard 1.5.3 to include tomatoes and capsicums in the Table to clause 4. The variation in Standard 1.5.3 will permit irradiation of tomatoes and capsicums for the purpose of pest disinfestation for a phytosanitary objective in the Table to clause 4 of Standard 1.5.3.
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 A1069 has included one round of public consultation following an assessment and the preparation of a draft variation to the Standard. A report (which included the draft variation) was released on 26 September 2012 for a six-week consultation period.
A Regulation Impact Statement was not required because the proposed variation to Standard 1.5.3 is likely to have a minor impact on business and individuals and is deemed to be a de-regulation.
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. Variations
The variation permits the irradiation of tomatoes and capsicums for the purpose of pest disinfestation for a phytosanitary objective by adding tomatoes and capsicums to the Table to clause 4 in Standard 1.5.3 with a minimum dose of 150 Gy and a maximum dose of 1 kGy.
[1] A phytosanitary measure is any legislation, regulation or official procedure having the purpose to prevent the introduction and/or spread of quarantine pests, or to limit the economic impact of regulated non-quarantine pests.
[2] Previously known as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Amendment Instrument 2013 (F2013L00809) was enacted to address the gap in existing food safety standards by allowing the irradiation of tomatoes and capsicums for pest disinfestation purposes. This amendment was introduced under the authority of the Food Standards Australia New Zealand Act 1991, and it was developed in response to Application A1069. The purpose of this legislation is to permit the use of irradiation as a phytosanitary measure for tomatoes and capsicums, thereby enhancing food safety and reducing the risk of pest infestation. The policy objective, as stipulated in the FSANZ Act, is to ensure that food standards are developed and varied in a manner that promotes public health and safety while considering the minor impact on businesses and individuals. This legislative instrument does not require a statement of compatibility with human rights, as it falls under the category of non-disallowable instruments as per section 94 of the FSANZ Act.
Scope and Application
The Act pertains to the Food Standards Australia New Zealand (FSANZ) Authority, which has the responsibility to develop and vary standards within the Australia New Zealand Food Standards Code. This legislation applies to any entities and individuals involved in the production, processing, distribution, or importation of food products within Australia, as well as to any industry sectors that may be affected by changes in food regulatory measures. The variation approved by the Authority specifically targets the irradiation of tomatoes and capsicums for phytosanitary purposes, which is a regulatory measure intended to prevent the introduction and spread of quarantine pests. This Act extends across the Commonwealth of Australia and aligns with the broader national food regulatory framework. It is worth noting that the legislative instrument created by this Act is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as stipulated in section 94 of the FSANZ Act. The Authority has ensured that the process of considering applications and variations follows the procedures outlined in Division 1 of Part 3 of the FSANZ Act, including public consultation as appropriate. The variation to Standard 1.5.3 was developed through one round of public consultation and was deemed to have a minor impact on business and individuals, hence a Regulation Impact Statement was not required.
Key Provisions
The primary operative sections of this legislation involve the approval and publication of a draft variation to Standard 1.5.3 of the Australia New Zealand Food Standards Code (sections 2 and 6). Section 13 of the FSANZ Act empowers the Authority to develop and vary standards, and section 92 mandates the publication of a notice once a variation has been approved by the Authority. The approved draft variation permits the irradiation of tomatoes and capsicums for pest disinfestation, a phytosanitary measure, by adding these items to the Table in clause 4 of Standard 1.5.3, with specified dose limits of 150 Gy to 1 kGy.
The obligations imposed by this Act on the relevant parties include the Authority's responsibility to accept applications for variations of food standards and to consider these applications in accordance with the FSANZ Act (section 13). This involves a process of assessment, public consultation, and preparation of a draft variation. The Authority must also ensure the publication of a notice regarding the draft variation once it has been approved (section 92). Additionally, the Authority is required to consider the feedback from public consultation and any reports prepared as part of the process.
There are no specific offences, penalties, or consequences outlined in the explanatory statement for breaches of the variation. However, the FSANZ Act and related legislative instruments would still apply to ensure compliance with the food standards. Any failure to comply with food standards could result in enforcement actions under the FSANZ Act, including fines and other civil or criminal penalties as applicable under Australian law. The variation itself, being a legislative instrument, is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 (section 94).
The explanatory statement also clarifies that the variation does not incorporate any documents by reference, and it exempts this instrument from the requirement for a statement of compatibility with human rights, given its non-disallowable status (section 94). Furthermore, it notes that a Regulation Impact Statement was not required for this variation, as the impact on business and individuals is deemed minor and constitutes a form of deregulation.