Food Standards (Application A1092 – Irradiation of Specific Fruits & Vegetables) Variation

Overview

The Food Standards Australia New Zealand Act 1991, enacted by the Australian Parliament, establishes Food Standards Australia New Zealand (FSANZ) to develop food standards and variations within the Australia New Zealand Food Standards Code. The Act provides a framework for FSANZ to consider applications for food regulatory measures and specifies the procedure for these considerations, including public consultation. The Act addresses the need for a cohesive and scientifically-backed approach to food regulation across Australia and New Zealand. The legislative instrument F2015L00196, published under the FSANZ Act, concerns the irradiation of certain fruits and vegetables for phytosanitary purposes, expanding the permitted list of commodities to include apples, apricots, cherries, nectarines, peaches, plums, honeydews, rockmelons, scaloppini, strawberries, table grapes, and zucchinis (courgettes). This expansion seeks to enhance food safety and security by allowing the use of irradiation to prevent the introduction and spread of pests. FSANZ approved the draft standard following public consultation and ministerial consideration, ensuring the measure aligns with existing food regulations while broadening the scope of permitted food treatments.

Scope and Application

The Food Standards Australia New Zealand Act 1991 provides the legislative framework for Food Standards Australia New Zealand (FSANZ) to develop and manage food standards within Australia and New Zealand. Specifically, Section 13 of the FSANZ Act empowers FSANZ to create standards and variations for inclusion in the Australia New Zealand Food Standards Code. Division 1 of Part 3 of the Act outlines the procedure for considering applications for the development or variation of food regulatory measures, including standards. This process was followed in the case of Application A1092, which sought to permit the irradiation of certain fruits and vegetables as a phytosanitary measure. After thorough consideration and consultation, FSANZ approved a draft Standard allowing the irradiation of a specified list of produce for pest disinfestation, with a permitted dose range of 150 Gy to 1 kGy. Following the required ministerial forum review, FSANZ published a notice about the draft standard, which is considered a legislative instrument under the FSANZ Act, though it is exempt from parliamentary disallowance or sunsetting. This legislative action extends to both Australia and New Zealand, broadening the scope of food regulations to include the irradiation of additional commodities for phytosanitary purposes.

Key Provisions

The explanatory statement outlines the main provisions of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) as they pertain to the development and variation of food regulatory measures. According to section 13 of the FSANZ Act, the Authority is responsible for developing standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code. The Authority accepted Application A1092, which seeks to permit the irradiation of certain fruits and vegetables as a phytosanitary measure (section 1). The Authority's consideration of this application involved one round of public consultation following an assessment and the preparation of a draft Standard and associated report (section 4). The Authority has approved the irradiation of specific fruits and vegetables, including apple, apricot, cherry, nectarine, peach, plum, honeydew, rockmelon, scaloppini, strawberry, table grape, and zucchini (courgette) in Standard 1.5.3 (section 2). This will permit irradiation only for the purposes of pest disinfestation for a phytosanitary objective within the permitted dose range of 150 Gy and a maximum of 1 kGy (section 6). Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, the Authority must publish a notice about the standard or draft variation of a standard (section 92). According to section 94 of the FSANZ Act, 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. The FSANZ Act imposes obligations on the Authority to consider applications for the development or variation of food regulatory measures and to follow the procedure outlined in Division 1 of Part 3. The Authority must also publish a notice about the standard or draft variation of a standard and consider public submissions during the consultation period. The Authority must also ensure that the proposed variations are compatible with human rights and do not incorporate any documents by reference. There are no specific offences, penalties, or civil/criminal consequences for breach outlined in the explanatory statement. However, it is important to note that the variations to food regulatory measures are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. This means that the variations will remain in effect until they are amended or repealed by the Authority. It is also important to note that the proposed variations to Standard 1.5.3 are likely to have a minor impact on business and individuals and are a broadening of food regulations to permit other foods to be irradiated. A Regulation Impact Statement was not required in this case. In summary, the FSANZ Act provides the Authority with the power to develop and vary food regulatory measures, including standards. The Authority must follow a specific procedure when considering applications for the development or variation of food regulatory measures and must publish a notice about the standard or draft variation of a standard. The Authority is also required to consider public submissions during the consultation period and ensure that the proposed variations are compatible with human rights. The variations to food regulatory measures are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. There are no specific offences, penalties, or civil/criminal consequences for breach outlined in the explanatory statement.