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 A1075 which seeks to permit quillaia extract as a food additive (emulsifier) in a range of beverages to emulsify oil soluble substances. The Authority considered the Application in accordance with Division 1 of Part 3 and has prepared draft variations to Standards 1.2.4 and 1.3.1.
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
The Authority has approved permission to use quillaia extract as a food additive emulsifier to various beverages.
Quillaia extract functions as a food additive emulsifier to assist in incorporating oil-soluble substances such as colours and flavours into water based beverages where these substances are poorly soluble. Permissions are approved in various beverage categories in Schedule 1 of Standard 1.3.1. Consequential amendments are also approved in both Part 1 and 2 of Schedule 2 of Standard 1.2.4 to include the name and number of quillaia extract for labelling purposes.
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 A1075 included one round of public consultation following an assessment and the preparation of a draft Standard and associated report. Submissions were called for on 26 July 2013 for a six-week consultation period.
A Regulation Impact Statement was not required because the variations to Standards 1.2.4 and 1.3.1 are likely to 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
Item [1] amends Schedule 2 of Standard 1.2.4 to insert references to quillaia extract (type 1) and quillaia extract (type 2) in the numerical and alphabetical lists of food additives for labelling purposes.
Item [2] amends Schedule 1 of Standard 1.3.1 to insert permissions for quillaia extract to be added as a food additive to a range of beverage categories. The maximum permitted levels for the food additive have been expressed as the active ingredients, quillaia saponins, from the quillaia extract, either from type 1 or type 2.
[1] Previously known as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to ensure that the public is provided with food that is safe and suitable for consumption, and to protect consumers from misleading or deceptive conduct. The Act establishes Food Standards Australia New Zealand (FSANZ) as the body responsible for developing food standards and variations, which are then incorporated into the Australia New Zealand Food Standards Code. This legislation addresses the need for consistent and science-based food regulation across Australia and New Zealand, ensuring consumer health and safety and fair trading practices. Enacted by the Australian Parliament, the FSANZ Act aims to provide a robust framework for the regulation of food standards, including the evaluation and approval of food additives.
In 2013, the FSANZ Act was used to approve the application (A1075) to permit quillaia extract as a food additive emulsifier in a range of beverages. This approval was made following a public consultation process and consideration by the Council of Australian Governments (COAG) Legislative and Governance Forum on Food Regulation. The variations to Standards 1.2.4 and 1.3.1 permit the use of quillaia extract to emulsify oil-soluble substances in water-based beverages, facilitating the incorporation of colours and flavours. This amendment ensures that these additives are properly labelled and their usage is within safe limits, thereby maintaining the integrity of the food standards and protecting consumer health.
Scope and Application
The legislative instrument F2013L02037 pertains to the Food Standards Australia New Zealand Act 1991, which mandates the development and variation of standards within the Australia New Zealand Food Standards Code. This particular instrument concerns the approval of quillaia extract as a food additive emulsifier in various beverages, facilitating the incorporation of oil-soluble substances such as colours and flavours into water-based beverages. The Authority's decision applies to entities involved in the production and distribution of these beverages, ensuring compliance with the updated food standards. Geographically, this legislation applies across Australia and New Zealand, governed under the FSANZ Act, with variations being subject to the procedures outlined in Division 1 of Part 3 of the Act. The instrument does not incorporate any documents by reference, and public consultation was conducted as part of the approval process. Additionally, the variations are considered minor impact, thus exempt from a Regulation Impact Statement. Notably, the instrument is exempt from the requirements for a statement of compatibility with human rights due to its status as a non-disallowable instrument under section 94 of the FSANZ Act.
Key Provisions
The legislation F2013L02037 primarily revolves around the acceptance of Application A1075 by Food Standards Australia New Zealand (FSANZ) which seeks to permit quillaia extract as a food additive (emulsifier) in a range of beverages (section 1). This decision follows the FSANZ Act's provision that the Authority may accept applications for the development or variation of food regulatory measures (section 13). The Authority has drafted variations to Standards 1.2.4 and 1.3.1 to reflect the new permission, subject to the mandatory notice publication under section 92 of the FSANZ Act and the exclusion from parliamentary disallowance or sunsetting as per section 94 (section 92, 94).
In terms of obligations and requirements, FSANZ must publish a notice about the draft variation of the standards once the consideration process is complete, as per section 92 of the FSANZ Act. This notice allows for public scrutiny and feedback on the proposed changes. Additionally, FSANZ must conduct at least one round of public consultation before finalizing the variations, which is stipulated in Division 1 of Part 3 of the FSANZ Act. The consultation process must be transparent and provide adequate opportunity for stakeholders to submit their views (section 1, Division 1 of Part 3).
Regarding the consequences of non-compliance, the legislation does not explicitly state penalties for breach. However, the legislative instruments created under section 94 of the FSANZ Act are not subject to parliamentary disallowance or sunsetting, which underscores the authority's intent for these standards to remain in effect unless otherwise amended by due process (section 94). Additionally, the Authority's failure to comply with the mandatory public consultation requirements may lead to legal challenges, questioning the legitimacy of the legislative instruments.
In summary, the legislation facilitates the incorporation of quillaia extract as a food additive in various beverages by amending Standards 1.2.4 and 1.3.1. It mandates the FSANZ to publish notices and conduct public consultations, ensuring transparency and stakeholder involvement. While specific penalties for non-compliance are not detailed, the legislative instruments are designed to be robust and enduring, reflecting the Authority's commitment to food safety and regulatory integrity.