Food Standards (Application A1127 – Processing Aids in Wine) Variation

Overview

The Food Standards Australia New Zealand Amendment Regulation 2017 (F2017L01389) was enacted to address a gap in the Australia New Zealand Food Standards Code by permitting the use of four processing aids—silver chloride, ammonium bisulphite, chitin-glucan, and PVI/PVP—in the production of wine, sparkling wine, and fortified wine. This amendment was introduced following an application accepted by Food Standards Australia New Zealand (FSANZ) under the Food Standards Australia New Zealand Act 1991. The Authority approved the draft variation after a round of public consultation and an assessment, concluding that the proposed changes would have a minor impact on businesses and individuals. The regulation aligns with the FSANZ Act's objective to streamline the process for updating food standards while ensuring food safety and public health, and it is exempt from parliamentary disallowance and sunsetting under the Legislation Act 2003.

Scope and Application

The F2017L01389 legislation pertains to the Food Standards Australia New Zealand Act 1991 (FSANZ Act) and specifically concerns the approval and publication of a draft variation to the Australia New Zealand Food Standards Code. This Act applies to Food Standards Australia New Zealand, which is responsible for developing standards and variations of standards for food regulatory measures, including processing aids used in the manufacture of wine, sparkling wine, and fortified wine in Australia. The application A1127 accepted by FSANZ seeks to permit the use of four processing aids—silver chloride, ammonium bisulphite, chitin-glucan, and PVI/PVP—for wine production. Following the approval by the Australia and New Zealand Ministerial Forum on Food Regulation, the Authority has published a notice about the draft variation in accordance with section 92 of the FSANZ Act, with the variation becoming a legislative instrument under section 94. The legislation does not incorporate any documents by reference and has undergone one round of public consultation, with a submission period of six weeks. This amendment is exempt from the requirements for a statement of compatibility with human rights and does not necessitate a Regulation Impact Statement due to its minor impact on business and individuals.

Key Provisions

The main sections of this legislation pertain to the approval and implementation of a variation to the Australia New Zealand Food Standards Code (the Code) to allow the use of certain processing aids in the wine industry. Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) establishes the Authority's role in developing and varying food standards, including accepting applications for such changes (Section 13). This legislation follows the Authority's acceptance of Application A1127 and its approval of a draft variation that permits the use of four specific processing aids: silver chloride, ammonium bisulphite, chitin-glucan, and PVI/PVP, in the manufacture of wine, sparkling wine, and fortified wine. The Authority's consideration of this application was conducted in accordance with the procedure outlined in Division 1 of Part 3 of the FSANZ Act, which includes a round of public consultation. The approved variation is now subject to publication under section 92 of the FSANZ Act, and while it is a legislative instrument, it is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003 (Section 94). The obligations imposed by this legislation on the parties it governs primarily relate to the implementation and compliance with the new variation. The Authority is obligated to publish a notice about the draft variation of the standard, as stipulated in section 92 of the FSANZ Act. For those involved in the wine industry, compliance with the new Code variation is mandatory. This includes adhering to the specified maximum permitted levels of each processing aid, which are set to ensure they are used in accordance with Good Manufacturing Practice (GMP). The Authority's public consultation process ensures that all stakeholders have an opportunity to provide feedback on the proposed changes, which is a critical aspect of the obligation to transparently and inclusively develop food standards. In terms of consequences for breach, this legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the new variation. However, the overarching framework under which the FSANZ Act operates suggests that non-compliance with food standards could potentially lead to regulatory action, including fines or other enforcement measures. The specific penalties for breaches would depend on the nature and severity of the non-compliance, as well as any related provisions in other relevant legislation governing food safety and quality standards in Australia.