Food Standards (Application A1130 – Triacylglycerol Lipase as a Processing Aid (Enzyme)) Variation

Overview

The F2018L00033 legislative instrument was enacted in 2018 and was introduced to address the gap in the Australia New Zealand Food Standards Code (the Code) that did not permit the use of the enzyme triacylglycerol lipase sourced from Candida cylindracea as a processing aid in the manufacture of bakery products, dairy products, and in the processing of fats and oils. The Food Standards Australia New Zealand Act 1991 (FSANZ Act) empowered the Food Standards Australia New Zealand Authority (the Authority) to develop and vary standards within the Code, including accepting applications for such changes. In this instance, the Authority accepted Application A1130, which sought to permit the use of the enzyme triacylglycerol lipase from Candida cylindracea as a processing aid under certain conditions. The Authority's consideration of the application and subsequent draft variation followed the stipulated procedure under Division 1 of Part 3 of the FSANZ Act, which includes public consultation. The instrument is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003, as specified by section 94 of the FSANZ Act.

Scope and Application

The explanatory statement outlines the legislative process and rationale behind the proposed variation to the Australia New Zealand Food Standards Code, allowing the use of a specific enzyme as a processing aid in certain food products. The Authority, Food Standards Australia New Zealand, has accepted an application to permit the use of the enzyme triacylglycerol lipase sourced from Candida cylindracea in the manufacture of bakery products, dairy products, and the processing of fats and oils. The Authority has considered this application in accordance with the Food Standards Australia New Zealand Act 1991, which outlines the process for the development or variation of food regulatory measures. The proposed variation is intended to insert a new entry into the relevant section of the Food Standards Code, specifying the use of the enzyme at Good Manufacturing Practice (GMP) levels. The Authority has undertaken a round of public consultation as part of this process, and a Regulation Impact Statement was deemed unnecessary due to the minor impact of the proposed changes on businesses and individuals. This variation is exempt from human rights compatibility statements as it is a non-disallowable instrument under the FSANZ Act.

Key Provisions

The key provisions of this legislation focus on the development and variation of food regulatory measures in the Australia New Zealand Food Standards Code (the Code), specifically allowing the use of a particular enzyme as a processing aid. Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) empowers the Authority to develop and vary food standards, and this legislative instrument pertains to a variation enabling the use of triacylglycerol lipase from Candida cylindracea in certain food products (sections 13, 92, and 94). The Authority must publish a notice regarding this draft variation, as stipulated in section 92 of the FSANZ Act, and the variation itself becomes a legislative instrument under section 94, exempt from parliamentary disallowance or sunsetting. The obligations imposed by this Act on the parties and entities it governs include adherence to the newly approved standard or variation of a standard. For instance, food manufacturers who wish to use triacylglycerol lipase from Candida cylindracea as a processing aid must now comply with the newly introduced Code variation, ensuring that the enzyme is used within the specified maximum permitted level, which is set at Good Manufacturing Practice (GMP). The Authority has already completed a round of public consultation as per the procedure outlined in Division 1 of Part 3 of the FSANZ Act, indicating a transparent and inclusive process for the development of food standards. In terms of consequences for non-compliance, it is essential to note that while the FSANZ Act does not explicitly state penalties for breaches of the new standard or variation, non-compliance with food safety regulations generally can lead to severe civil or criminal penalties. Under state and territory food laws, penalties for non-compliance can include substantial fines and, in serious cases, imprisonment. These penalties are intended to ensure that food products are safe and that manufacturers adhere to regulatory standards to protect public health. This legislative instrument 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. Consequently, there are no specific human rights considerations detailed within this legislative framework. However, the general principles of food safety and public health protection inherently align with the broader human rights framework by ensuring that consumers have access to safe and wholesome food. The focus on public consultation and transparent processes further underscores the commitment to protecting public interests.