Food Standards (Application A1121 – Oryzin (Protease) as a Processing Aid (Enzyme)) Variation

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted by the Australian Parliament to establish Food Standards Australia New Zealand (FSANZ), an agency responsible for developing food standards and regulations. The Act aims to ensure that food sold in Australia and New Zealand is safe, of high quality, and accurately labelled, thereby protecting public health and safety. The explanatory statement outlines the approval process for an application (A1121) to permit the use of Oryzin, an enzyme from Aspergillus melleus, as a processing aid in various food industries. After thorough consideration and public consultation, FSANZ has approved a draft variation to the Australia New Zealand Food Standards Code, which allows for the enzyme's use in baking, flavouring production, and the processing of dairy, egg, meat, fish, protein, and yeast. This amendment is a legislative instrument that is exempt from parliamentary disallowance and sunsetting provisions.

Scope and Application

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) governs the activities of Food Standards Australia New Zealand (FSANZ), which is responsible for developing and maintaining food standards across Australia and New Zealand. This Act applies to FSANZ as the regulatory body and indirectly to food manufacturers, processors, and consumers who must comply with the food standards set by the Authority. The geographic reach of this legislation is national, extending to both Australia and New Zealand. The Authority has approved a draft variation to permit the use of Oryzin (protease) from Aspergillus melleus as an enzyme for various food processing applications. This amendment will be published as a legislative instrument under section 94 of the FSANZ Act, which notes that such instruments are not subject to parliamentary disallowance or sunsetting. The amendment involves adding Oryzin to the table in subsection S18-4(5) of Schedule 18, thereby allowing its use as a processing aid in food. The process included public consultation and an assessment, but a Regulation Impact Statement was not required due to the minor impact on business and individuals.

Key Provisions

The main operative sections of this legislation pertain to the approval and amendment of the Australia New Zealand Food Standards Code (the Code) by Food Standards Australia New Zealand (the Authority), as stipulated in sections 13 and 92 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act). Section 13 empowers the Authority to develop and vary food standards, while section 92 mandates the publication of notices regarding these standards or variations. In this case, the Authority has approved a draft variation to permit the use of Oryzin, an enzyme derived from Aspergillus melleus, as a processing aid in various food categories such as baking, flavouring production, and dairy, egg, meat, fish, protein, and yeast processing. The obligations imposed by this Act on the parties it governs primarily concern the process of developing or varying food regulatory measures. Under Division 1 of Part 3 of the FSANZ Act, the Authority is required to consider applications for such variations, which include a public consultation period. The Authority must also ensure that any proposed variations are communicated to relevant stakeholders and that the process adheres to the legislative requirements outlined in the FSANZ Act. Additionally, the Authority is tasked with the preparation of a draft variation and an associated report, which must be made available for public consultation. In this instance, the Authority has fulfilled its obligations by considering Application A1121, conducting a public consultation, and preparing a draft variation. The Act includes provisions for potential breaches and consequences, though specific offences and penalties are not detailed within this particular legislative instrument. However, under the general framework of the FSANZ Act, any failure to comply with the legislative requirements for food standards could potentially lead to legal action or regulatory enforcement measures. The draft variation itself, once published, becomes a legislative instrument that is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003, as outlined in section 94 of the FSANZ Act. This suggests that once enacted, the new standard will have legal effect unless otherwise challenged through the appropriate legal channels. The approved variation to the Code, permitting the use of Oryzin (EC 3.4.21.63) sourced from Aspergillus melleus as a processing aid in food, is subject to the legislative process as detailed in the FSANZ Act. The process includes public consultation, as mandated by the Act, and the variation is exempt from requiring a Regulation Impact Statement due to its anticipated minor impact on business and individuals. This amendment will be incorporated into the table to subsection S18–4(5) in Schedule 18 of the Code, thereby formalising the use of the enzyme in the specified food processing activities.