Food Standards (Application A1101 – Commencement of Dietary Fibre Claim Provisions – Consequential) Variation

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a modernised and more efficient framework for the regulation of food standards in Australia and New Zealand, aiming to ensure food safety and consumer protection. The Act establishes Food Standards Australia New Zealand (FSANZ) as the body responsible for developing food standards, which are then included in the Australia New Zealand Food Standards Code. One of the key gaps the FSANZ Act addresses is the need for a streamlined process for the development, variation, and maintenance of food standards that reflect contemporary scientific evidence and public health considerations. The Act was introduced by the Commonwealth Parliament and its policy objective is to harmonise food standards between Australia and New Zealand while ensuring they are science-based and protect public health. In accordance with the FSANZ Act, FSANZ accepted an application (A1101) to delay the requirement for compliance with qualifying criteria for nutrition content claims about dietary fibre. Following the prescribed procedure, which includes public consultation and approval by the Australia and New Zealand Ministerial Forum on Food Regulation, FSANZ approved a draft consequential variation to Standard 1.2.7 of the existing Code. This draft variation, which does not incorporate any documents by reference, aims to provide a transitional arrangement for compliance with dietary fibre claims until the revised Code takes effect. This legislative instrument is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.

Scope and Application

The explanatory statement outlines the approval of a draft consequential variation to Standard 1.2.7 of the Australia New Zealand Food Standards Code by Food Standards Australia New Zealand (FSANZ) under section 13 of the Food Standards Australia New Zealand Act 1991. This Act empowers the Authority to develop and vary standards in the Code, including accepting and considering applications for such developments or variations. The Authority has approved a draft variation in response to Application A1101, which seeks to delay compliance with the qualifying criteria for nutrition content claims about dietary fibre until 17 January 2017. The Authority's approval follows a statutory round of public consultation and an assessment under Division 1 of Part 3 of the FSANZ Act. The draft consequential variation clarifies the transitional arrangement permitted under Standard 1.1A.8, providing an explanation of the transitional arrangement and the timeline for its operation. The instrument does not incorporate any documents by reference and 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 main operative sections of the legislation (FSANZ Act) provide for the development and variation of food regulatory measures, including standards, by Food Standards Australia New Zealand (the Authority). Section 13 of the FSANZ Act details the Authority’s functions, which include developing standards and variations for inclusion in the Australia New Zealand Food Standards Code. Division 1 of Part 3 of the Act specifies the procedure for considering applications for the development or variation of food regulatory measures. The Authority has accepted Application A1101, which seeks to delay the compliance requirement for nutrition content claims about dietary fibre in Standard 1.2.7 of the Code for 12 months. Following this acceptance, the Authority has approved a draft consequential variation to Standard 1.2.7, which has been considered by the Australia and New Zealand Ministerial Forum on Food Regulation. Section 92 of the FSANZ Act mandates that the Authority must publish a notice about the consequential variation. The obligations imposed on parties and entities governed by this Act include the requirement for the Authority to accept applications for the development or variation of food regulatory measures, such as standards, and to follow the procedure outlined in Division 1 of Part 3 of the FSANZ Act. The Authority must also conduct public consultation as part of the assessment process. In this case, the Authority undertook one round of public consultation to gather cost-benefit information and stakeholder views to inform the assessment of Application A1101. Furthermore, the Authority is required to publish a notice about the consequential variation once it has been approved, as stipulated in section 92 of the FSANZ Act. Additionally, the Act exempts this consequential variation from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as outlined in section 94. The legislation does not specify any criminal offences or penalties for breaches. However, it does impose civil consequences for non-compliance with the standards and variations developed or varied by the Authority. The transitional arrangement provided by the draft consequential variation to Standard 1.2.7, which allows suppliers to either comply with clause 11 of Standard 1.2.7 or clause 2 of Standard 1.1A.8, is designed to facilitate compliance and avoid potential breaches. The Authority’s approval of this draft consequential variation and the subsequent publication of a notice under section 92 of the FSANZ Act ensures that all relevant parties are informed of the changes and can plan accordingly to avoid non-compliance.