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 A1126 which seeks permissions for pectins and carrageenan as processing aids to remove heat-unstable proteins from Australian produced wine. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft Standard.
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 Standard 4.5.1 – Wine Production Requirements in the Code (an Australia only standard) to permit pectins and carrageenan as processing aids in the production of wine in Australia with the technological purpose of acting as fining agents that help remove heat unstable proteins from wine.
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 A1126 included one round of public consultation following an assessment and the preparation of a draft Standard and associated report. Submissions were called for on 20 February 2017 for a six-week consultation period.
A Regulation Impact Statement was not required because the proposed variations to Standard 4.5.1 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 Standard 4.5.1 by inserting references to carrageenan and pectins into the Table to clause 4.
The effect of this amendment will be to permit the use of carrageenan and pectins as processing aids in the production of wine, sparkling wine or fortified wine in Australia.
The use of these substances must be consistent with conditions of Good Manufacturing Practice (GMP) in accordance with subclause 5(8) of Standard 4.5.1.
Overview
The Food Standards Australia New Zealand Act 1991, enacted to establish Food Standards Australia New Zealand (FSANZ) and set forth its functions, including the development of food standards, addresses the need for consistent and science-based food regulatory measures across Australia and New Zealand. Following the acceptance of Application A1126, which sought permissions for the use of pectins and carrageenan as processing aids in Australian wine production, FSANZ approved a draft variation to Standard 4.5.1 – Wine Production Requirements to allow these substances for removing heat-unstable proteins. This approval process involved public consultation and consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, with the draft now subject to publication as a legislative instrument. The policy objective is to ensure the use of these substances complies with Good Manufacturing Practice, thereby maintaining food safety and quality standards in the wine industry.
Scope and Application
The Food Standards Australia New Zealand Act 1991, under which this legislation operates, mandates the development of food standards and variations through Food Standards Australia New Zealand (the Authority). The Authority has approved a draft variation to Standard 4.5.1 – Wine Production Requirements in the Australia New Zealand Food Standards Code to allow the use of pectins and carrageenan as processing aids in the production of wine in Australia, specifically for the purpose of removing heat-unstable proteins. This variation applies to all entities involved in the production of wine, sparkling wine, or fortified wine within Australia. The geographic scope of this Act is limited to Australia, as it pertains to an Australia-only standard. The Authority has determined that this variation has a minor impact on businesses and individuals and, therefore, did not require a Regulation Impact Statement. Public consultation was conducted in accordance with the procedures specified in Division 1 of Part 3 of the FSANZ Act, inviting submissions over a six-week period. The Authority’s consideration of the application involved one round of public consultation following the assessment and preparation of a draft Standard and associated report. Notably, 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.
Key Provisions
The main operative sections of this legislation are section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), which outlines the functions of the Authority in developing standards and variations for the Australia New Zealand Food Standards Code (Code). Division 1 of Part 3 of the FSANZ Act details the process for accepting and considering applications for the development or variation of food regulatory measures. Section 92 mandates the publication of a notice about the standard or draft variation, while section 94 stipulates that the approved standard or variation is a legislative instrument but is exempt from parliamentary disallowance or sunsetting. The legislative instrument in question amends Standard 4.5.1 – Wine Production Requirements in the Code, allowing the use of pectins and carrageenan as processing aids in Australian wine production.
The Act imposes several obligations on the Authority and other parties. Firstly, the Authority must accept and consider applications for the development or variation of food regulatory measures as per Division 1 of Part 3 of the FSANZ Act. The Authority must also conduct one round of public consultation when considering such applications, as was done for Application A1126. Furthermore, the Authority is required to publish a notice about the standard or draft variation under section 92 of the FSANZ Act. The use of pectins and carrageenan as processing aids must comply with the conditions of Good Manufacturing Practice as per subclause 5(8) of Standard 4.5.1.
There are no specified offences, penalties, or civil/criminal consequences for breach in this particular legislative instrument. However, the FSANZ Act provides a framework under which non-compliance with food standards could lead to enforcement actions by relevant authorities. The legislation itself does not detail specific penalties for breaches of the approved draft standard or variation. Instead, the FSANZ Act and associated regulations would govern the enforcement and any potential penalties for non-compliance with the amended Standard 4.5.1.