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 A1142 which sought an amendment to the Code to permit the use of a method of analysis (MoA) for determining the quantity of resistant starch as a specific type of dietary fibre in food. The method was AOAC[1] Official Method 2002.02 (Resistant starch in Starch and Plant Materials).
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 approved the variation to section S11—4 of the Code to prescribe AOAC Official Method 2002.02 as a MoA to be used to measure the amount of resistant starch in food for the purposes of subsections 1.2.8—7(7) and S5—6(2) of the Code.
Section S11—4 contains the prescribed MoAs for determining the dietary fibre content of a food, including certain specifically named fibres. Declarations of dietary fibre in a nutrition information panel must be determined in accordance with section S11—4 (see subsection 1.2.8—7(7)).
At present, section S11—4 does not include a specific MoA for resistant starch. The current MoAs for analysing total dietary fibre in the Code measure some, but not all, resistant starch in a food and the amount measured depends on the food matrix. Those methods do not distinguish resistant starch from other forms of dietary fibre present in the food.
The approved draft variation will mean that food suppliers must use AOAC 2002.02 to determine the quantity of resistant starch in a food in accordance with section S11—4 if resistant starch is to be declared specifically as a sub-group nutrient of dietary fibre in a nutrition information panel on a food label.
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 A1142 will include one round of public consultation following an assessment and the preparation of a draft Standard and associated assessment summary.
Submissions were called for on 20 October 2017 for a six-week consultation period.
A Regulation Impact Statement was not required because the proposed variation of section S11-4 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
Item [1] of the draft variation amends section S11—4 by inserting into subsection S11—4(2) the words ‘for resistant starch—section 2002.02’.
Subsection S11—4(4) provides that this reference to section 2002.02 is a reference to section 2002.02 of the Official Methods of Analysis of AOAC International, eighteenth edition, 2005, published by AOAC International, Maryland USA. Section 2002.02 of that publication describes a method of analysis for resistant starch.
The effect of the amendment is to prescribe that method as a method for determining the amount of resistant starch in food for the purposes of subsections 1.2.8—7(7) and S5—6(2) of the Code.
[1] AOAC means the Official Methods of Analysis of AOAC International, eighteenth edition, 2005, published by AOAC International, Maryland USA.
Overview
The Food Standards Australia New Zealand Act 1991, enacted by the Australian Parliament, established Food Standards Australia New Zealand (FSANZ) to develop and manage food standards for Australia and New Zealand. The Act aimed to ensure the safety and quality of food sold in both countries by creating a unified food regulatory framework. The explanatory statement addresses a specific issue related to the Australia New Zealand Food Standards Code, specifically the need to amend the prescribed methods of analysis for resistant starch, a type of dietary fibre, in food products. The proposed amendment seeks to incorporate the AOAC Official Method 2002.02 for measuring resistant starch, thereby improving the accuracy of dietary fibre content declarations on food labels. This amendment was approved following public consultation and consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, with the intention of enhancing consumer information and ensuring consistency in the analysis of resistant starch across different food matrices.
Scope and Application
The F2018L00655 legislation pertains to a draft variation of the Australia New Zealand Food Standards Code, approved by Food Standards Australia New Zealand (FSANZ), concerning the measurement of resistant starch in food. This variation applies to food suppliers who must comply with the specified method of analysis, AOAC Official Method 2002.02, to determine the quantity of resistant starch in their products when declaring dietary fibre content on nutrition information panels. The variation is part of the legislative framework under the Food Standards Australia New Zealand Act 1991 and is aimed at ensuring consistency and accuracy in the measurement of dietary fibre, specifically resistant starch, in food products. The legislation does not extend to other dietary fibres or methods of analysis beyond the prescribed AOAC method. The geographic reach of this Act is binational, applying to both Australia and New Zealand, and it does not incorporate any documents by reference. The legislative instrument is exempt from parliamentary disallowance and sunsetting provisions, as per section 94 of the FSANZ Act.
Key Provisions
The main provisions of the draft variation as outlined in the Explanatory Statement pertain primarily to the amendment of section S11-4 of the Australia New Zealand Food Standards Code. This section is concerned with the methods of analysis (MoA) used to determine the dietary fibre content in food, including specific fibres. The Authority has approved a draft variation to section S11-4, which will prescribe AOAC Official Method 2002.02 as a MoA for determining the quantity of resistant starch in food (section 2). This method, AOAC 2002.02, will be used when resistant starch is to be declared specifically as a sub-group nutrient of dietary fibre in a nutrition information panel on a food label. The variation to section S11-4 is intended to ensure that food suppliers can accurately measure and declare resistant starch, a specific type of dietary fibre, by using a method that specifically targets this form of fibre.
The obligations imposed by this draft variation on food suppliers and other entities governed by the Code include the mandatory use of AOAC Official Method 2002.02 for measuring resistant starch when declaring it as a specific nutrient in a nutrition information panel. This requirement ensures that the dietary fibre content, including resistant starch, is accurately measured and declared, thereby providing consumers with more precise nutritional information. Food suppliers must adhere to this method to comply with the updated food standards set forth by the Authority. This amendment does not incorporate any documents by reference, which means that the AOAC Official Method 2002.02 must be obtained directly from the AOAC International publication as specified in subsection S11-4(4).
Regarding the consequences for non-compliance, the explanatory statement clarifies that the variation approved by the Authority is a legislative instrument under section 92 of the FSANZ Act, but it is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003 (section 94). However, specific penalties for non-compliance are not detailed within the explanatory statement. Typically, failure to comply with food standards in Australia can result in enforcement actions by the relevant authorities, which may include fines, corrective actions, or other regulatory measures. The precise penalties would depend on the specific regulatory framework and enforcement policies applicable at the time of non-compliance.