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 A1115 which seeks to permit the irradiation of raspberries and blueberries as a phytosanitary measure[1]. The Authority considered the Application in accordance with Division 1 of Part 3 and has prepared a draft variation to Standard 1.5.3.
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 a draft variation to the Code to include blueberries and raspberries in the table to subsection 1.5.3—3(2).
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 A1115 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 Standard 1.5.3 are likely to have a minor impact on business and individuals and is a broadening of food regulations to permit other foods to be irradiated.
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 amends the table to subsection 1.5.3—3(2) by inserting the words ‘blueberry’ and ‘raspberry’ into that table in alphabetical order. By virtue of subsection 1.5.3—3(1), the effect of this amendment is to permit the irradiation of raspberries and blueberries with a minimum dose of 150 Gy and a maximum dose of 1 kGy.
[1] A phytosanitary measure is any legislation, regulation or official procedure having the purpose to prevent the introduction and/or spread of quarantine pests, or to limit the economic impact of regulated non-quarantine pests.
Overview
The F2017L00025 legislation, introduced in 2017, pertains to a variation of the Australia New Zealand Food Standards Code, specifically addressing the irradiation of raspberries and blueberries as a phytosanitary measure. Enacted by the Parliament of Australia, this legislative instrument was developed in response to Application A1115, accepted by Food Standards Australia New Zealand (FSANZ) under the Food Standards Australia New Zealand Act 1991. The primary objective of this Act is to ensure food safety and quality through the regulation and standardisation of food products, including the consideration of new applications that propose variations to existing standards. This legislation aims to broaden the regulatory framework to include additional food items eligible for irradiation, thereby enhancing the phytosanitary protections for Australia and New Zealand. Public consultation was conducted as part of the legislative process, and the variation was deemed to have a minor impact on business and individuals, thus not requiring a Regulation Impact Statement.
Scope and Application
The Food Standards Australia New Zealand Act 1991 establishes the framework under which the Authority develops and varies food standards, including phytosanitary measures such as the irradiation of raspberries and blueberries. The Act applies to Food Standards Australia New Zealand as the regulatory body responsible for managing food standards, with the geographic reach extending across Australia and New Zealand. The application of this legislation is evident in the consideration and approval of Application A1115, which seeks to amend Standard 1.5.3 to permit the irradiation of blueberries and raspberries as a phytosanitary measure. This process involved public consultation and was subject to the formal procedures outlined in Division 1 of Part 3 of the FSANZ Act. The variation does not incorporate any external documents by reference and, in accordance with section 94 of the Act, the resulting legislative instrument is not subject to parliamentary disallowance or sunsetting. This amendment is designed to have a minor impact on business and individuals and broadens the scope of food regulations to include raspberries and blueberries in the permitted list of irradiated foods.
Key Provisions
The key operative sections of this legislation concern the development and variation of food regulatory measures, particularly standards, by the Food Standards Australia New Zealand (FSANZ) Authority. Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) establishes the Authority’s function to develop and vary standards included in the Australia New Zealand Food Standards Code (the Code). Division 1 of Part 3 of the FSANZ Act outlines the procedure for considering applications for such developments or variations, including the requirement for public consultation. Following the Authority's consideration of an application, section 92 of the FSANZ Act mandates the publication of a notice about the standard or draft variation of a standard, while section 94 specifies that these standards or variations are legislative instruments that are not subject to parliamentary disallowance or sunsetting.
The obligations and requirements imposed by this Act on the FSANZ Authority include the mandatory acceptance and consideration of applications for the development or variation of food regulatory measures. The Authority must follow a defined procedure that includes public consultation, as stipulated in Division 1 of Part 3 of the FSANZ Act. This procedure was followed in the consideration of Application A1115, which sought to permit the irradiation of raspberries and blueberries. After consultation, the Authority prepared a draft variation to Standard 1.5.3 and submitted it to the Australia and New Zealand Ministerial Forum on Food Regulation. The Authority is also required to publish a notice about the standard or draft variation of a standard, as per section 92 of the FSANZ Act.
There are no explicit offences, penalties, or civil/criminal consequences for breach stated in the explanatory statement. However, the legislative instruments created by the FSANZ Authority, including the draft variation to Standard 1.5.3, are not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003, as specified by section 94 of the FSANZ Act. This implies that while the Authority must follow the legislative procedure, there are no outlined sanctions for non-compliance with the procedural requirements themselves. The focus is on ensuring that the development and variation of food standards are conducted transparently and with adequate public consultation.