Food Standards (Application A1103 – Citric & Lactic Acids as Food Additives in Beer & related Products) Variation

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a framework for the development and enforcement of food standards across Australia and New Zealand, aiming to ensure food safety and public health protection. The Act established Food Standards Australia New Zealand (FSANZ) as the central authority responsible for developing food standards and regulating food products. The legislative instrument F2015L01386, which varies the existing food standards to allow the use of citric and lactic acid as food additives in beer and related products, was introduced to address the gap in the current regulatory framework concerning the permitted use of these acidity regulators. This instrument was developed following the acceptance of an application under the FSANZ Act and was subject to public consultation. The policy objective is to enhance the flexibility of food standards to accommodate industry practices and technological advancements while maintaining food safety standards. The variation to Standard 1.3.1 of the Australia New Zealand Food Standards Code was approved by FSANZ after considering an application and consulting with stakeholders. This legislative instrument, which does not require parliamentary disallowance or sunsetting, aims to allow the use of citric and lactic acid in beer and related products, thus updating the regulatory framework to reflect current industry practices. The decision was made in line with the provisions of the FSANZ Act and was communicated through the appropriate channels as required by the legislation. The instrument is consistent with human rights and does not necessitate a Regulation Impact Statement due to the minor impact on business and individuals.

Scope and Application

The legislative instrument, F2015L01386, concerns a variation approved by Food Standards Australia New Zealand (FSANZ) to Standard 1.3.1 of the Australia New Zealand Food Standards Code. This variation allows the use of citric and lactic acid as food additives (acidity regulators) in beer and related products, as per Schedule 1 food category 14.2.1. The Authority's approval follows the procedure outlined in the Food Standards Australia New Zealand Act 1991, including public consultation, and it is subject to ministerial consideration. This legislative instrument applies to entities involved in the production, distribution, and sale of beer and related products within Australia and New Zealand. The variation does not incorporate any documents by reference, and a Regulation Impact Statement was deemed unnecessary due to the minor impact on businesses and individuals. The exemption from the requirements for a statement of compatibility with human rights stems from the instrument being a non-disallowable legislative instrument under section 94 of the FSANZ Act. The amendment to Standard 1.3.1 specifically includes the addition of lactic acid (INS number 270) and citric acid (INS number 330) to the permitted additives for beer and related products, in accordance with Good Manufacturing Practice (GMP) standards.

Key Provisions

The primary sections of the legislation, F2015L01386, deal with the approval of a variation to Standard 1.3.1 of the Australia New Zealand Food Standards Code, allowing the use of citric and lactic acid as food additives in beer and related products. Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) outlines the Authority's role in developing and varying food standards, including accepting applications for such changes. The Authority considered Application A1103, which sought to amend Standard 1.3.1, and has approved the variation following consultation and assessment processes. Section 92 requires the Authority to publish a notice about the draft variation, and Section 94 specifies that the variation is a legislative instrument but is not subject to parliamentary disallowance or sunsetting. The obligations imposed by the legislation include the Authority's responsibility to review applications for food standard variations in accordance with the procedures outlined in Division 1 of Part 3 of the FSANZ Act. This involves conducting a public consultation, as mandated by the Act, to gather feedback and considerations from stakeholders before making a decision. Additionally, the Authority must ensure that the variation complies with good manufacturing practices (GMP) and does not incorporate any documents by reference. The legislation exempts the need for a Regulation Impact Statement (RIS) for this particular variation due to its minor impact on business and individuals, as determined by the Office of Best Practice Regulation. The legislation does not specify any direct offences, penalties, or consequences for breach, as it is a non-disallowable instrument under section 94 of the FSANZ Act. However, the Authority must adhere to the outlined procedures and requirements to ensure that the variation is implemented correctly and effectively. Any failure to comply with these obligations could potentially lead to challenges or reviews by interested parties or regulatory bodies. The approved variation to Standard 1.3.1 allows the use of lactic acid (INS number 270) and citric acid (INS number 330) in beer and related products at levels consistent with GMP, subject to the finalisation and publication of the draft variation notice.