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 A1132 which seeks to expand the definition of steviol glycosides for use as an intense sweetener to include all steviol glycosides present in the Stevia rebaudiana Bertoni leaf. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved 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 the variation to the Code to broaden the definition of steviol glycosides to permit the use of all steviol glycosides extracted from the Stevia rebaudiana Bertoni leaf as additives. The current specifications for steviol glycosides contained in the primary monographs in S3—2 are defined to apply only to a limited number of listed steviol glycosides and not to all possible steviol glycosides. Therefore a new specification for steviol glycosides has been added to Schedule 3, which covers preparations that included all steviol glycosides extracted from the stevia leaf. As well, a new conversion factor was added to the list in subsection 1.3.1—4(7) to capture all the other steviol glycosides.
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 A1132 included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 7 November 2016 for a six-week consultation period.
A Regulation Impact Statement was not required because the proposed variation to Standard 1.3.1 and Schedule 3 is 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
6.1 Variation to Standard 1.3.1
Item [1] varies paragraph 1.3.1—4(7)(j) of Standard 1.3.1 relating to the conversation factor CF for different steviol glycosides. The effect of the change is to introduce a conversion factor for any other steviol glycoside not already listed. Conversion factors are used to calculate steviol equivalents, which is how permissions for adding steviol glycosides to different food categories are listed in the table to section S15—5 in Schedule 15.
6.2 Variation to Schedule 3
Item [2.1] inserts a new reference for steviol glycosides from Stevia rebaudiana Bertoni into the table to subsection S3—2(2). This is needed as the current specifications for steviol glycoside preparations in the primary sources within S3—2 do not apply to all steviol glycosides extracted from the stevia leaf.
Item [2.2] inserts a new specification as S3—35. The specification criteria are similar to those for steviol glycosides in primary sources in subsection S3—2(1).
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to ensure food safety and consumer protection by establishing Food Standards Australia New Zealand (FSANZ) as the principal food regulatory body. This Act empowers FSANZ to develop and update food standards and regulations, thereby addressing the need for comprehensive and consistent food safety and quality standards across Australia and New Zealand. The FSANZ Act fills the gap in the regulatory framework by providing a unified approach to food regulation, ensuring that food products are safe and accurately labelled. The enacting body for this legislation is the Australian Parliament, with the policy objective being to protect public health and facilitate fair trade in food products. Following a public consultation process and an assessment of Application A1132, FSANZ approved a draft variation to broaden the definition of steviol glycosides to include all those present in the Stevia rebaudiana Bertoni leaf. This variation aims to expand the scope of acceptable sweeteners, aligning with the FSANZ Act's goal of maintaining high standards in food regulation.
Scope and Application
The F2017L00409 legislation applies to the development and variation of food regulatory measures, including standards, under the Food Standards Australia New Zealand Act 1991. Specifically, it concerns the expansion of the definition of steviol glycosides to include all steviol glycosides present in the Stevia rebaudiana Bertoni leaf for use as an intense sweetener. This variation is part of the Australia New Zealand Food Standards Code and targets entities involved in the production, processing, and sale of foods containing steviol glycosides. The legislation's jurisdictional reach is national, as it pertains to both Australia and New Zealand, and is enacted under the FSANZ Act. While the variation itself is a legislative instrument, it is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003. The Authority undertook a round of public consultation in accordance with the FSANZ Act and did not require a Regulation Impact Statement due to the minor impact on business and individuals. This legislative variation does not incorporate any documents by reference and is exempt from the requirement for a statement of compatibility with human rights.
Key Provisions
The main operative sections of this legislation include section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act), which provides the Authority with the function of developing and varying standards for inclusion in the Australia New Zealand Food Standards Code (the Code). Division 1 of Part 3 of the FSANZ Act specifies the procedure for considering an application for the development or variation of food regulatory measures, including standards. Section 92 of the FSANZ Act requires the Authority to 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.
The Authority has approved the variation to the Code to broaden the definition of steviol glycosides to permit the use of all steviol glycosides extracted from the Stevia rebaudiana Bertoni leaf as additives. This variation includes the introduction of a conversion factor for any other steviol glycoside not already listed, and a new specification for steviol glycosides that covers preparations that include all steviol glycosides extracted from the stevia leaf. These changes are intended to provide greater flexibility in the use of steviol glycosides as additives in food products.
The Authority is required to consider applications for the development or variation of food regulatory measures, including standards, in accordance with Division 1 of Part 3 of the FSANZ Act. This includes conducting one round of public consultation following an assessment and the preparation of a draft variation and associated report. The Authority must also publish a notice about the standard or draft variation of a standard under section 92 of the FSANZ Act.
There are no offences or penalties specified in this legislation. However, failure to comply with the requirements of the FSANZ Act or the Code may result in civil or criminal consequences, including fines and imprisonment. The maximum penalties for breaches of the FSANZ Act and the Code depend on the nature and severity of the breach, and are set out in the relevant legislation.