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 A1109 which sought to permit glutaminase sourced from Bacillus amyloliquefaciens (B. amyloliquefaciens) as a processing aid. The enzyme would be used in the production of certain seasoning ingredients or food products used as seasonings. The Authority considered the Application in accordance with Division 1 of Part 3 and prepared a draft variation to the Code.
Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, 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 Legislation Act 2003.
2. Purpose
The Authority has approved the use of the enzyme, glutaminase, sourced from B. amyloliquefaciens as a processing aid. This required an addition to the table to subsection S18––4(5) in Schedule 18 of the Code.
3. Documents incorporated by reference
The variation to food regulatory measures does 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 A1109 included one round of public consultation following an assessment and the preparation of a draft Standard and associated report. Submissions were called for on 18 January 2016 for a six-week consultation period.
A Regulation Impact Statement was not required because the proposed variations to Schedule 18 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
The variation inserts a new entry into the table to subsection S18––4(5) in Schedule 18. The new entry would permit the use of glutaminase (EC number 3.5.1.2) sourced from B. amyloliquefaciens as a processing aid in food.
Overview
The Food Standards Australia New Zealand Act 1991, enacted by the Commonwealth Parliament, establishes the framework for the development and administration of food standards and regulations in Australia and New Zealand, with the aim of ensuring the safety and quality of the food supply. In response to Application A1109, the Food Standards Australia New Zealand Authority (FSANZ) approved the use of glutaminase sourced from Bacillus amyloliquefaciens as a processing aid in the production of certain seasoning ingredients or food products used as seasonings. This decision involved amending the Australia New Zealand Food Standards Code to reflect the new approved processing aid, thereby addressing any gap in the existing standards that would have otherwise restricted the use of this enzyme in food production. The Authority's consideration of the application included a round of public consultation, as mandated by the Act, to ensure transparency and public engagement in the regulatory process.
Scope and Application
The legislation in question pertains to the Food Standards Australia New Zealand Act 1991 and applies to Food Standards Australia New Zealand (FSANZ), which is the entity responsible for developing standards and variations of standards for the Australia New Zealand Food Standards Code. This Act facilitates the acceptance of applications for the development or variation of food regulatory measures, including standards. In this instance, the legislation addresses Application A1109, which sought to permit the use of glutaminase sourced from Bacillus amyloliquefaciens as a processing aid in the production of certain seasoning ingredients or food products used as seasonings. The Act governs the procedure for considering such applications, including the requirement for public consultation as stipulated in Division 1 of Part 3. The legislation extends to both Australia and New Zealand, ensuring a unified approach to food regulation across these jurisdictions. While the Act is comprehensive, it does not require a Regulation Impact Statement for minor variations and is exempt from the need 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 this legislation (section 2) pertain to the acceptance of an application (A1109) to permit the use of glutaminase sourced from Bacillus amyloliquefaciens as a processing aid in food production. This is detailed in the variation to the Australia New Zealand Food Standards Code (subsection S18-4(5) in Schedule 18). The Authority has approved this application, and this approval requires an addition to the specified subsection in Schedule 18. This addition is the primary action taken under this legislation. Section 92 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) mandates that the Authority must publish a notice about the standard or draft variation of a standard, which has been fulfilled here.
The obligations imposed by this legislation on the parties or entities it governs primarily revolve around compliance with the new food regulatory measures as outlined in the approved variation. Food manufacturers and processors who use glutaminase sourced from B. amyloliquefaciens as a processing aid must ensure that their practices align with the newly updated standards in Schedule 18 of the Code. This includes adhering to the specific conditions and limitations set forth by the Authority regarding the use of this enzyme in food production. Furthermore, the Authority is obligated to continue monitoring the application and effects of this variation to ensure it meets the intended regulatory objectives without adverse effects on public health or business operations.
Regarding the consequences for breach, the legislation does not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with the new standards. However, it is implied that non-compliance with food standards in Australia is subject to enforcement actions under the FSANZ Act and related regulations. Typically, such breaches could result in enforcement actions, including fines, product recalls, or other corrective measures, depending on the severity and nature of the non-compliance. The exact penalties would be determined based on the specific circumstances of each case and in accordance with relevant Australian laws governing food safety and standards.