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.
Application A1117 seeks to extend the permission of the food additive, L-cysteine, to permit its use for limiting enzymatic browning of peeled and cut avocado and banana and so extend the shelf life. The Authority considered the Application in accordance with Division 1 of Part 3 and has prepared 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 permit the use of L-cysteine monohydrochloride to treat peeled, cut, or both peeled and cut avocado and banana. The food additive is used to prevent enzymatic browning of the cut surfaces (which is unacceptable to consumers) and so extend the shelf life of the treated food products.
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 A1117 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 Schedule 15 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 amends the table to section S15—5 in Schedule 15 by adding new food sub subcategory 4.1.3.3. The new food sub subcategory provides permission for the use of L-cysteine monohydrochloride (INS 920) in avocados and bananas subject to a maximum permitted level of GMP (Good Manufacturing Practice).
Overview
The Food Standards Australia New Zealand Act 1991, as amended by the legislative instrument F2017L00104, addresses the need to update food regulatory measures to enhance food safety and quality. This particular variation was introduced to tackle the issue of enzymatic browning in peeled and cut avocados and bananas, which significantly reduces the shelf life and consumer appeal of these products. Enacted by the Australian Parliament, the legislation aims to permit the use of the food additive L-cysteine monohydrochloride to prevent such browning, thereby extending the shelf life and maintaining the quality of these fruits. The Authority, Food Standards Australia New Zealand, undertook the necessary consultation as stipulated in the Act and found the impact of the proposed variation to be minor, thus exempting it from the requirement of a Regulation Impact Statement.
Scope and Application
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) confers upon Food Standards Australia New Zealand (FSANZ) the authority to develop and vary standards for inclusion in the Australia New Zealand Food Standards Code. This Act applies to entities and individuals involved in the food industry, including manufacturers, importers, and retailers of food products within Australia and New Zealand. The geographic and jurisdictional reach of this legislation extends across both Australia and New Zealand, governing food standards within these jurisdictions. The application of this Act is not restricted by subordinate instruments; however, the FSANZ Act includes provisions for consultation and public submissions as part of the process for developing or varying standards. Exemptions or thresholds are not specified in the explanatory statement but are likely defined within the FSANZ Act and related food regulatory measures. The purpose of the current variation is to allow the use of L-cysteine monohydrochloride to treat peeled, cut, or both peeled and cut avocados and bananas, aiming to prevent enzymatic browning and thereby extend the shelf life of these treated food products.
Key Provisions
The main operative sections of this legislation (sections 13, 92, and 94 of the Food Standards Australia New Zealand Act 1991) require Food Standards Australia New Zealand (the Authority) to develop and vary food standards and publish notices about these standards or variations. Section 13 specifies the Authority's function in developing and varying food standards, while section 92 mandates the publication of notices regarding standards or variations following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation. Section 94 declares that such standards or variations, once noticed, are legislative instruments but are not subject to parliamentary disallowance or sunsetting. This particular variation seeks to amend the food standards to permit the use of L-cysteine monohydrochloride to treat peeled, cut, or both peeled and cut avocado and banana to prevent enzymatic browning and extend shelf life.
The Act imposes several obligations and requirements on the parties it governs. Primarily, it requires the Authority to consider applications for the development or variation of food regulatory measures and to undertake public consultation as part of this process. This includes publishing notices about the standards or variations and ensuring they are in accordance with the Food Standards Australia New Zealand Act. Additionally, the Authority must prepare and publish a draft variation and associated report. The Act also specifies that the Authority must ensure that any new food sub subcategory, such as the one for L-cysteine monohydrochloride in avocados and bananas, is subject to a maximum permitted level of Good Manufacturing Practice (GMP).
Breach of the provisions outlined in the Food Standards Australia New Zealand Act 1991 can result in various civil or criminal consequences. However, given the nature of this particular variation, there are no specific offences or penalties mentioned in the explanatory statement. The Act ensures that the standards or variations are legislative instruments but are not subject to parliamentary disallowance or sunsetting. Therefore, while compliance is necessary, the statement does not detail specific penalties for non-compliance with the variation itself.
The explanatory statement clarifies that the variation to allow the use of L-cysteine monohydrochloride in avocados and bananas is exempt from the requirement for a statement of compatibility with human rights, as it is a non-disallowable instrument under section 94 of the FSANZ Act. This means that while the variation is exempt from human rights compatibility statements, the overarching framework of the Act still ensures that any new standards or variations are developed and implemented in a manner that aligns with broader legislative and regulatory goals.