Food Standards (Application A1077 – Fungal Chitosan as a Processing Aid) Variation

Overview

The Food Standards Australia New Zealand Act 1991 was enacted to provide a framework for the development of food standards across Australia and New Zealand, addressing the need for a unified approach to food safety and composition. The Act empowers Food Standards Australia New Zealand to create and manage food standards and variations, ensuring they align with public health and safety objectives. This legislative instrument amends the Australia New Zealand Food Standards Code to permit the use of chitosan sourced from Aspergillus niger as a processing aid in the manufacture of various alcoholic beverages, including wine, beer, cider, spirits, and food grade alcohol. The amendments were made following a public consultation process and were approved by the COAG Legislative and Governance Forum on Food Regulation. These variations aim to update the food standards to reflect current scientific understanding and industry practices while maintaining high food safety standards. The changes are not subject to parliamentary disallowance or sunsetting, as stipulated by the Legislative Instruments Act 2003.

Scope and Application

The legislation F2014L00033 pertains to the Food Standards Australia New Zealand Act 1991, focusing on the variation of food regulatory measures to permit the use of chitosan sourced from Aspergillus niger as a processing aid in the manufacture of various alcoholic beverages and food grade ethanol. This Act applies to the Authority, Food Standards Australia New Zealand, and to any entities involved in the manufacture of wine, beer, cider, spirits, and food grade ethanol. The legislative changes extend across both Australian and New Zealand jurisdictions, given the cross-border nature of Food Standards Australia New Zealand's mandate. The Act does not incorporate any documents by reference and has been subject to a single round of public consultation, with submissions invited for a six-week period starting from 12 August 2013. Notably, the variations approved under this legislation are considered to have a minor impact on business and individuals, thus exempting the need for a Regulation Impact Statement. Furthermore, as the variations are non-disallowable instruments under section 94 of the FSANZ Act, they are exempt from the requirement for a statement of compatibility with human rights. This legislation, therefore, extends its reach through subordinate instruments by allowing the Authority to accept and consider applications for the development or variation of food regulatory measures as specified in the FSANZ Act.

Key Provisions

The legislation F2014L00033 outlines the approval of chitosan sourced from Aspergillus niger as a processing aid for various alcoholic beverages. The Authority, under section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), has considered and approved Application A1077 to permit the use of this substance in the production of wine, beer, cider, spirits, and food grade alcohol. This decision follows the procedures specified in Division 1 of Part 3 of the FSANZ Act, which includes accepting applications and the process for considering them. The Authority has prepared variations to Standards 1.3.3 and 4.5.1 to incorporate this permission into the Australia New Zealand Food Standards Code. The obligations imposed by this legislation are primarily on the Authority and the entities that manufacture alcoholic beverages. The Authority is required to accept applications for variations of food regulatory measures, conduct necessary assessments, and prepare draft variations and associated reports. Following the consideration and approval of an application, the Authority must publish a notice about the standard or draft variation, as stipulated in section 92 of the FSANZ Act. This notice is crucial for informing the public and stakeholders about the changes being made to the food standards. There are no specific offences or penalties mentioned in the legislation for breaches of the approved variations. However, any non-compliance with the Food Standards Code or failure to adhere to the approved processing aids could result in regulatory action under the FSANZ Act. The approved variations are legislative instruments that are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as specified in section 94 of the FSANZ Act. Therefore, the consequences of non-compliance would likely involve regulatory oversight, potential fines, or other administrative actions to ensure adherence to the new standards. The legislation also ensures transparency and stakeholder involvement through public consultation. The Authority conducted one round of public consultation for Application A1077, inviting submissions during a six-week period. This process is in line with the procedural requirements of Division 1 of Part 3 of the FSANZ Act and aims to gather public feedback on the proposed variations. The Authority determined that a Regulation Impact Statement was not necessary because the changes were expected to have a minor impact on businesses and individuals. Additionally, the 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.