Explanatory Statement
1. Authority
Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides that the functions of Food Standards Australia New Zealand (the Authority) include the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code).
Division 1 of Part 3 of the FSANZ Act specifies that the Authority may accept applications for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering an application for the development or variation of food regulatory measures.
FSANZ accepted Application A1104 which sought to permit the voluntary addition of vitamins and minerals to nut- and seed-based beverages. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft Variation.
Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation[1], section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.
Section 94 of the FSANZ Act specifies that 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.
2. Purpose
The purpose of the approved draft variation is to permit the voluntary fortification with vitamins and minerals of nut- and seed-based analogues of milk with prescribed properties. The prescribed properties are that the analogues of milk contain no less than 0.3% m/m of protein derived from cereals, nuts, seeds, or any combination of these ingredients. An additional purpose of the draft variation is to extend the mandatory advisory statement that applies to cereal-based analogues to beverages derived from cereals, nuts, seeds, or any combination of those ingredients.
3. Documents incorporated by reference
The variations to food regulatory measures do not incorporate any documents by reference.
4. Consultation
In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1104 will include one round of public consultation following an assessment and the preparation of a draft Standard and associated report.
A Regulation Impact Statement was not required because the proposed variations to Standard 1.1.2, Schedules 9 and 17 are likely to have a minor impact on business and individuals.
5. Statement of compatibility with human rights
This 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.
6. Variation
Item [1] varies the definition of ‘food group’ in subsection 1.1.2—2(3) to include dairy analogues derived from nuts and seeds.
Item [2] varies the table to section S9—2 in Schedule 9 by extending the advisory statement requirements for beverages derived from cereals to apply to beverages derived from cereals, nuts, seeds, or any combination of those ingredients.
Item [3] varies the table to section S17—4 in Schedule 17 to permit the addition of specified vitamins and minerals to beverages derived from nuts or seeds or a combination of nuts, seeds or cereals, and containing no less than 0.3% m/m protein derived from those ingredients. For each vitamin or mineral, a maximum claim amount is specified in column 2 and where listed, a maximum permitted amount is specified in column 3.
[1] convening as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to establish the framework for the development and administration of food standards in Australia and New Zealand through the Food Standards Australia New Zealand (FSANZ) Authority. This legislation aims to ensure that food standards are scientifically based, promote fair trade, protect consumers, and facilitate the movement of food between Australia and New Zealand. The Act was introduced to address the need for a unified approach to food regulation that could effectively meet both national and cross-jurisdictional needs. The FSANZ Act vests the Authority with the power to develop and vary food standards and to consider applications for such variations, following a procedure specified in the Act. Following a public consultation, the Authority has approved a draft variation to permit the voluntary addition of vitamins and minerals to nut- and seed-based beverages, which aligns with the objectives outlined in the FSANZ Act.
Scope and Application
The approved draft variation under the Food Standards Australia New Zealand Act 1991 (FSANZ Act) applies to the voluntary fortification with vitamins and minerals of nut- and seed-based beverages that are analogues of milk. Specifically, the draft variation permits the addition of specified vitamins and minerals to beverages derived from nuts, seeds, or a combination of these ingredients, provided they contain no less than 0.3% m/m protein derived from those ingredients. Additionally, it extends the mandatory advisory statement requirements, previously applicable to cereal-based analogues, to include beverages derived from cereals, nuts, seeds, or any combination of these ingredients. The Authority considered this variation under Division 1 of Part 3 of the FSANZ Act and has approved it following a round of public consultation. The variation 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. The draft variation is subject to the approval of the Australia and New Zealand Ministerial Forum on Food Regulation before it becomes a legislative instrument.
Key Provisions
The key operative sections of this legislation detail the approved draft variation that permits the voluntary addition of vitamins and minerals to nut- and seed-based beverages. Section 13 of the FSANZ Act outlines the Authority's role in developing and varying standards, while Division 1 of Part 3 specifies the application process and procedure for such variations. The draft Variation under consideration pertains to Application A1104, which was accepted and considered by the Authority in accordance with the stipulated procedure. Following the approval by the Ministerial Forum on Food Regulation, section 92 mandates the publication of a notice regarding the draft variation. Section 94 confirms that the draft variation, once notified, becomes a legislative instrument but remains exempt from parliamentary disallowance or sunsetting.
The draft variation imposes certain obligations on entities involved in the production and sale of nut- and seed-based beverages. Firstly, it permits the voluntary fortification of these beverages with vitamins and minerals, provided they meet the prescribed properties of containing at least 0.3% m/m of protein derived from cereals, nuts, seeds, or a combination of these. Additionally, it extends the mandatory advisory statement requirements, which were previously applicable only to cereal-based analogues, to include beverages derived from cereals, nuts, seeds, or any combination thereof. The Authority must ensure that these variations are implemented in a manner that adheres to the outlined standards and properties.
There are no specific offences or penalties outlined in the explanatory statement for breaches of this draft variation. However, the Authority retains the power to enforce compliance through regulatory measures and oversight. Any non-compliance with the specified standards and advisory statement requirements could potentially lead to enforcement actions, including fines or other regulatory penalties, although the exact nature of these penalties is not detailed in the explanatory statement. The draft variation, as a legislative instrument, ensures that any deviations from the approved standards are subject to appropriate regulatory scrutiny and enforcement.
The legislative framework established by this draft variation ensures that the Authority has the necessary tools to maintain food safety and quality standards. The incorporation of vitamins and minerals into nut- and seed-based beverages, under the specified conditions, is intended to enhance the nutritional profile of these products. By extending the advisory statement requirements, the draft variation aims to provide consumers with clearer and more comprehensive information about the contents and properties of these beverages. This regulatory approach supports the overall goal of the FSANZ Act, which is to protect public health and ensure that food products meet high standards of safety and quality.