Food Standards (Application A1088 – Sodium Hydrosulphite as a Food Additive) Variation

Overview

The Food Standards Australia New Zealand Act 1991 was enacted to establish Food Standards Australia New Zealand (FSANZ) as the primary agency responsible for developing and administering food standards across Australia and New Zealand. The Act provides a framework for the creation and modification of food standards, including the ability to consider applications for the development or variation of food regulatory measures. In accordance with this Act, FSANZ has approved the inclusion of sodium hydrosulphite as a food additive for use in canned abalone. This decision was made to address the ineffectiveness of currently permitted sulphite food additives in achieving the desired colour for canned abalone, particularly for export markets. Sodium hydrosulphite is more effective in bleaching the natural black colour to a commercially acceptable honey blonde colour preferred by consumers. This legislative instrument, which is not subject to disallowance or sunsetting under the Legislative Instruments Act 2003, was developed following consultation with the Australia and New Zealand Ministerial Forum on Food Regulation and a public consultation period. It 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 Food Standards Australia New Zealand Act 1991 (FSANZ Act) mandates Food Standards Australia New Zealand (FSANZ) to develop and vary standards for inclusion in the Australia New Zealand Food Standards Code. In accordance with section 13 of the FSANZ Act, FSANZ accepted Application A1088, which seeks to include sodium hydrosulphite (sodium dithionite) as a food additive (antioxidant) to be used in canned abalone. The Authority considered the application in accordance with Division 1 of Part 3 of the FSANZ Act and has prepared a draft variation. Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, section 92 of the FSANZ Act requires FSANZ to publish a notice about the draft variation. The variation will amend the food additive list and maximum permitted levels in Standards 1.2.4 and 1.3.1, permitting sodium hydrosulphite to treat canned abalone, aligning its maximum permitted level with other sulphite additives. This variation does not incorporate any documents by reference, and a Regulation Impact Statement was not required as the impact is minor. The variation 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 key operative sections of this legislation are sections 92 and 94 of the FSANZ Act, which require the Authority to publish a notice regarding the draft variation of a standard (section 92) and specify that such a standard is a legislative instrument (section 94). The variation to the Australia New Zealand Food Standards Code (the Code) includes the addition of sodium hydrosulphite as a permitted food additive in canned abalone (Schedule 1 of Standard 1.3.1) and the prescribed name for labelling purposes (Schedule 2 of Standard 1.2.4). The maximum permitted level of sodium hydrosulphite mirrors that of the existing sulphite food additives. Additionally, the variation includes hydrosulphites in the calculation of sulphur dioxide and sulphites under subclause 5(2) of Standard 1.3.1. The Act imposes obligations on the Authority to consider applications for the development or variation of food regulatory measures in accordance with Division 1 of Part 3 of the FSANZ Act. It mandates the Authority to publish a notice about the draft variation under section 92. Additionally, the Authority is required to engage in a consultation process, which includes one round of public consultation following an assessment and the preparation of draft variations and associated reports. The Authority must also ensure that the variation is compatible with human rights, although in this case, it is exempt from such requirements as the instrument is a non-disallowable legislative instrument under section 94 of the FSANZ Act. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Explanatory Statement for breaches of this variation. However, the FSANZ Act, as a whole, provides for various sanctions for breaches of food standards, which may include fines and imprisonment. For example, under section 28 of the FSANZ Act, a person who contravenes a standard in the Code may be subject to a penalty of up to $10,000 for a first offence and up to $50,000 for subsequent offences. Additionally, section 30 of the FSANZ Act allows for the imposition of fines and imprisonment for more serious breaches, such as those involving serious harm to public health. These penalties reflect the importance of maintaining food safety and integrity in Australia and New Zealand.