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.
The Authority accepted Application A1113 which seeks to extend the use of propionates as anti-microbial preservatives in certain processed meat, poultry and game products. 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, 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 purpose of this variation is to extend the permission for use of propionic acid and its calcium, potassium and sodium salts as anti-microbial preservatives to certain processed meat, game and poultry products under conditions of GMP. Permitting this extension of use of propionates to these products would provide manufacturers with an additional tool in the risk management of microbial activity, namely in the control of Listeria monocytogenes.
The variation will also provide consistency with a Codex international standard.
3. Documents incorporated by reference
The variation 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 A1113 included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 29 June 2016 for a six-week consultation period.
A Regulation Impact Statement was not required because the proposed variations to section S15—5 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 amends Schedule 15 of the Code.
The amendment inserts permissions for each of the following food additives into both category 8.2 and category 8.3 in the table to section S15—5: propionic acid (INS 280), sodium propionate (INS 281), potassium propionate (INS 282) and calcium propionate (INS 283). The amendment sets the maximum permitted level for each additive at GMP (Good Manufacturing Practice).
The effect of this amendment is to permit the use of propionic acid and its calcium, sodium and potassium salts as food additives for any processed meat, poultry and game product falling within either category 8.2 or category 8.3, provided that the maximum level of the additive is consistent with GMP. This means the amount of additive used must be limited to the lowest possible level necessary to accomplish its desired effect.
Overview
The Food Standards Australia New Zealand Act 1991, enacted by the Commonwealth Parliament, provides the legislative framework for Food Standards Australia New Zealand (FSANZ) to develop and manage food standards across Australia and New Zealand. This Act aims to ensure that the food supply is safe and suitable for consumption while facilitating trade and providing consumers with clear information about the food they purchase. In 2017, FSANZ accepted Application A1113, which sought to extend the use of propionates as anti-microbial preservatives in certain processed meat, poultry, and game products. Following consultation and review, FSANZ approved a draft variation to permit the extended use of these preservatives, aligning with international standards and providing manufacturers with additional tools for managing microbial activity, specifically targeting Listeria monocytogenes. The Authority's consideration of this application was conducted in accordance with the FSANZ Act, and the proposed variation was subject to public consultation. This legislative instrument is a non-disallowable instrument, exempt from the requirements for a statement of compatibility with human rights.
Scope and Application
This legislation, F2017L00024, applies to the food industry and specifically to the use of propionates as anti-microbial preservatives in certain processed meat, poultry, and game products. The legislation operates within the framework of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), extending the use of propionic acid and its calcium, potassium, and sodium salts as anti-microbial preservatives under conditions of Good Manufacturing Practice (GMP). This change aligns with international standards set by Codex and allows manufacturers to better control microbial activity, particularly Listeria monocytogenes. The legislation is applicable across Australia and New Zealand, reflecting the binational nature of Food Standards Australia New Zealand (FSANZ). The legislation does not incorporate any documents by reference, and the process included one round of public consultation. This instrument does not require 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 concern the amendment of Schedule 15 of the Australia New Zealand Food Standards Code (section 1). This amendment introduces specific food additives – propionic acid (INS 280), sodium propionate (INS 281), potassium propionate (INS 282), and calcium propionate (INS 283) – into categories 8.2 and 8.3 of the Code (section 1(1)). The amendment specifies that the use of these additives in processed meat, poultry, and game products is permissible under conditions of Good Manufacturing Practice (GMP), with a maximum permitted level set at GMP (section 1(1)). This extension aims to provide manufacturers with an additional tool in managing microbial activity, particularly in controlling Listeria monocytogenes, and to align with international Codex standards (section 2). The Authority has approved this draft variation after considering Application A1113 and following a round of public consultation as per Division 1 of Part 3 of the FSANZ Act (section 4).
The obligations imposed by this Act primarily concern the compliance of manufacturers with the conditions of Good Manufacturing Practice (GMP) when using the specified food additives in processed meat, poultry, and game products. Manufacturers must ensure that the additives are used at the lowest level necessary to achieve their intended preservative effects (section 1(1)). Additionally, the Authority’s approval process includes a requirement for the Authority to publish a notice about the draft variation as per section 92 of the FSANZ Act (section 5). The Authority must follow the stipulated procedure in Division 1 of Part 3 of the FSANZ Act, which includes public consultation, before approving any variations to the food standards (section 4).
Under the FSANZ Act, breaches of the newly approved standards could lead to civil or criminal consequences. While the specifics of these consequences are not detailed in the explanatory statement, typically, non-compliance with food safety standards in Australia can result in penalties such as fines, prosecution, or other enforcement actions. The maximum penalties for breaches of food safety laws can vary depending on the severity and intent of the breach, with serious offences potentially leading to significant financial penalties and even imprisonment for individuals or corporations found guilty. The Act itself does not specify maximum penalties but references the broader framework under which these could be applied (section 94).
This 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 (section 5 and 6). The Authority did not require a Regulation Impact Statement for this variation, as it is likely to have a minor impact on business and individuals (section 4). The Authority’s consideration of the application included a round of public consultation to gather feedback on the proposed changes. The Authority’s final decision to approve the draft variation was made in accordance with the FSANZ Act’s outlined procedures, ensuring that the public had an opportunity to provide input on the proposed changes before they were enacted.