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 A1119 which sought a variation to permit the addition of water to dilute high sugar musts to aid fermentation in the production of wine, sparkling wine and fortified wine. 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 Authority has approved variations to Standard 4.5.1 and Schedule 2 to permit the addition of water to dilute high sugar musts to facilitate wine fermentations by limiting fermentation problems such as ‘stuck’ fermentations due to very high sugar contents in the original grape musts (grape extract).
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 A1119 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 4.5.1 and Schedule 2 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]
Item [1] amends Standard 4.5.1. It omits and replaces subclause 5(7) with five new subsections.
New subclause 5(7) permits wine, sparking wine and fortified wine to contain water: necessary to incorporate any substance specified in clause 3 or clause 4 of Standard 4.5.1; necessary to facilitate fermentation; or incidental to the winemaking process.
New subclause 5(7A) provides that wine, sparking wine and fortified wine must not contain other types of added water.
New subclause 5(7B) provides that the total, combined amount of the following categories of water in wine, sparking wine and fortified wine must not exceed 70mL/L: water added to incorporate any substance specified in clause 3 or clause 4 of Standard 4.5.1; and water incidental to the winemaking process.
New subclause 5(7C) provides an express permission for the addition of water to wine, sparkling wine and fortified wine to facilitate fermentation. The subclause provides that: the water may only be added to dilute high sugar grape must, the water must be added prior to fermentation; and the addition of that water must not dilute the grape must sugar concentration below 13.5 degrees Baumé (abbreviated as Bé)
New subclause 5(7D) provides that, subject to subclauses 5(7A), 5(7B) and 5(7C), the amount of added water in wine, sparkling wine and fortified wine must be consistent with good manufacturing practice. The term ‘good manufacturing practice’ is defined in section 1.1.2—2(3) of the Code.
Item [2]
Item [2] amends Schedule 2. It adds the unit of measurement for ‘degrees Baumé’, being ‘Bé’, to the table to section S2—2.
Overview
The Food Standards Australia New Zealand Amendment Regulation 2017 (F2017L00100) was enacted to address a gap in the existing legislative framework regarding the dilution of high sugar musts in the production of wine, sparkling wine, and fortified wine. This regulation amends Standard 4.5.1 and Schedule 2 of the Australia New Zealand Food Standards Code, facilitating the addition of water to dilute high sugar grape musts to aid fermentation. Enacted by the Australian Parliament, the regulation aims to resolve issues such as 'stuck' fermentations caused by excessively high sugar contents in the original grape musts. The Authority considered an application (A1119) to vary the standards, following a public consultation and a minor impact assessment, leading to the preparation of a draft variation. This amendment permits the addition of water to facilitate fermentation, provided the water does not dilute the grape must sugar concentration below 13.5 degrees Baumé, and ensures that the total added water does not exceed 70mL/L.
Scope and Application
The F2017L00100 legislation pertains to the Food Standards Australia New Zealand Act 1991 and specifically concerns the proposed variation to permit the addition of water to dilute high sugar musts in the production of wine, sparkling wine, and fortified wine. This Act applies to entities and industries involved in the production of these types of wine, including winemakers, producers, and distributors, within the geographic and jurisdictional reach of Australia and New Zealand. The proposed variation is intended to address fermentation issues arising from very high sugar contents in grape musts by allowing controlled dilution with water. The draft variation was developed and considered according to the procedures outlined in Division 1 of Part 3 of the FSANZ Act, involving public consultation and review by the Australia and New Zealand Ministerial Forum on Food Regulation. The proposed changes to Standard 4.5.1 and Schedule 2, once finalised, will become legislative instruments but will not be subject to parliamentary disallowance or sunsetting under the Legislation Act 2003. The variations do not incorporate any documents by reference, and no Regulation Impact Statement was required as the changes are expected to have a minor impact on businesses and individuals.
Key Provisions
The main operative sections of the legislation involve the variation of Standard 4.5.1 and Schedule 2 to permit the addition of water in the production of wine, sparkling wine, and fortified wine. Section 1 amends Standard 4.5.1 by introducing new subsections (7, 7A, 7B, and 7C) that specifically address the addition of water to facilitate fermentation while setting limits and conditions for its use. These new subsections clarify what types of water are permissible and under what circumstances, and they also specify the maximum allowable amount of water that can be added. Section 2 updates Schedule 2 by adding the unit of measurement for 'degrees Baumé' as 'Bé'. This variation seeks to address fermentation issues caused by high sugar content in grape musts without compromising the quality of the final product.
The obligations imposed by this Act require wine producers to adhere to the newly established standards and limits for water addition. They must ensure that any water added is either necessary to incorporate specified substances, to facilitate fermentation, or incidental to the winemaking process. Furthermore, producers must ensure that the total amount of added water does not exceed 70mL/L and that the sugar concentration in grape musts is not diluted below 13.5 degrees Baumé. These requirements are designed to maintain the integrity and quality of wine while providing practical solutions to common production challenges.
The legislation does not explicitly outline specific offences or penalties for breaches of the new standards. However, non-compliance with food regulatory measures set by Food Standards Australia New Zealand (FSANZ) can lead to enforcement actions under the FSANZ Act or other relevant Australian legislation. Potential consequences could include fines, public warnings, product recalls, or legal action. The exact penalties would depend on the nature and severity of the breach, as well as the applicable provisions of the broader food safety and standards framework in Australia.