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 A1144 which seeks to consider whether the food category for food additive permissions for coconut milk products is more appropriate under fruits rather than beverages. The Authority considered the Application in accordance with Division 1 of Part 3 and has prepared 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
Food additive permissions for coconut milk products used by consumers as ingredients in cooking are currently located within the beverages food category of Schedule 15 of the Code. The purpose of the draft variation is to clarify that such coconut milk products are not beverages, but are processed fruit products. It does this by relocating the food additive permissions for coconut milk products from within the food category for beverages to the food category for fruits and vegetables. Including these products in the fruits and vegetable food category will align how these products are characterised by the Code with relevant Codex Alimentarius standards. To achieve further consistency with Codex standards, the draft variation will also lower the maximum permitted level for sulphites in coconut milk products to 30 mg/kg from 115 mg/kg and remove sorbate permissions. The variation also clarifies that these products are permitted to contain certain food additives permitted at GMP. A statement that colours are not permitted for these products is also added to be further consistent with Codex.
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 A1144 included one round of public consultation following an assessment and the preparation of a draft Standard and associated assessment summary.
A Regulation Impact Statement was not required because the proposed variations to Schedule 15 were concluded 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 [1.1]
Item [1.1] makes a general change to how food additives are permitted in food categories (headings) in section S15—2. This relates to how the hierarchical approach to food additive permissions operate. The change makes it clear that the hierarchical approach as detailed in section S15—2 operates unless explicitly stated otherwise under the specific class (food category).
Item [1.2]
Item [1.2] of the draft variation amends the table to section S15—5 to include the relocated food category 4.3.0.5 (Coconut milk coconut cream and coconut syrup). This food category provides permission for benzoates (210-213) in coconut milk, coconut cream and coconut syrup, subject to a maximum permitted level of 1000 mg/kg. It also provides permission for sulphites (220-225, 228) in these foods subject to a maximum permitted level of 30 mg/kg. Colourings are not permitted to be added to these products.
Item [1.3]
Item [1.3] of the draft variation makes two consequential amendments to the table to section S15—5 that are required because of the amendment made by Item [1.2]. It removes food category 14.1.2.1.1 and the permissions contained in that category from the table. It also changes the food category number 14.1.2.1.2 (Tomato juices pH<4.5) to 14.1.2.1.1 to reflect that removal.
Overview
The Food Standards Australia New Zealand Act 1991, enacted by the Commonwealth Parliament, empowers Food Standards Australia New Zealand (FSANZ) to develop and vary food standards and regulatory measures, ensuring food safety and consumer protection. Addressing a gap in the current classification of food additives, the Authority has proposed a draft variation to the Australia New Zealand Food Standards Code to relocate coconut milk products from the beverages food category to the fruits and vegetables category. This change aims to align the Code with Codex Alimentarius standards and clarify the use of food additives in these products. Public consultation was conducted in accordance with the FSANZ Act, and the variation does not incorporate any documents by reference. This draft variation is exempt from a statement of compatibility with human rights as it is a non-disallowable instrument under the FSANZ Act. The policy objective is to enhance the consistency of food additive permissions with international standards and provide clarity on the appropriate categorisation of coconut milk products within the Code.
Scope and Application
The draft variation under the Food Standards Australia New Zealand Act 1991 pertains to food additive permissions for coconut milk products, which are currently classified under the beverages food category of Schedule 15 of the Australia New Zealand Food Standards Code. This variation is intended to correct the classification by relocating these products from the beverages category to the fruits and vegetables category, aligning with Codex Alimentarius standards. The variation clarifies that coconut milk products are processed fruit products rather than beverages, thereby allowing for certain food additives permitted at good manufacturing practice levels while explicitly prohibiting the addition of colours to these products. This change is applicable to entities and individuals involved in the production, distribution, and sale of coconut milk products within Australia and New Zealand, ensuring compliance with the updated food regulatory measures. The Authority's consideration of the application and subsequent draft variation involved one round of public consultation, as stipulated in the FSANZ Act, with no requirement for a Regulation Impact Statement due to the minor impact on business and individuals. This legislative instrument is exempt from the need 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 legislation in question pertains to variations in food regulatory measures under the Food Standards Australia New Zealand Act 1991 (FSANZ Act). Under sections 13 and 92 of the FSANZ Act, the Authority has accepted an application to consider relocating the food additive permissions for coconut milk products from the beverages category to the fruits category within the Australia New Zealand Food Standards Code (Code). This has led to the preparation of a draft variation that aims to align these products with relevant Codex Alimentarius standards, thereby clarifying that coconut milk products are processed fruit products rather than beverages. These changes are encapsulated in Items [1.1] to [1.3] of the draft variation, which amend the hierarchical approach to food additive permissions and relocate the specific food category for coconut milk, coconut cream, and coconut syrup.
The Authority's obligations under this legislation include accepting and considering applications for the development or variation of food regulatory measures, as stipulated in Division 1 of Part 3 of the FSANZ Act. Following the consideration of Application A1144, the Authority was required to publish a notice about the draft variation, as per section 92. Furthermore, in line with the FSANZ Act, the draft variation must be consistent with Codex standards and must be considered by the Australia and New Zealand Ministerial Forum on Food Regulation. The Authority's role also includes ensuring that the draft variation is in compliance with the FSANZ Act and that any public consultation is conducted appropriately.
Breach of the provisions of the FSANZ Act can lead to civil or criminal consequences, although the explanatory statement does not detail specific offences or penalties related to this draft variation. Generally, under Australian law, non-compliance with food standards can result in actions such as fines, court proceedings, or other regulatory measures. The draft variation itself, being a legislative instrument, is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003, as per section 94 of the FSANZ Act.
This legislative process highlights the importance of aligning food regulatory measures with international standards to ensure consumer safety and industry consistency. The Authority's thorough approach, including public consultation and alignment with Codex standards, underscores the commitment to maintaining high standards in food regulation within Australia and New Zealand.