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.
The Authority accepted application A1149 which seeks to permit the use of steviol glycosides as a food additive – intense sweetener in fruit drinks. The Authority considered the application in accordance with Division 1 of Part 3 and has approved a draft variation of a Standard.
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 a draft variation to the Code to permit steviol glycosides as a food additive – intense sweetener at a maximum permitted level of 200 mg/kg steviol equivalents in fruit drinks.
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 A1149 included one round of public consultation following an assessment and the preparation of a draft variation and associated assessment summary. Submissions were called for on 9 October 2012 for a four-week consultation period.
A Regulation Impact Statement was not required because the proposed variation to Schedule 15 is likely to have a minor impact on business and individuals and its use as a food additive is voluntary.
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] amends Schedule 15 by inserting item 14.1.2.2.1 of the table to section S15—5 an entry for steviol glycosides with a maximum permitted level of 200 mg/kg steviol equivalents. The effect of this amendment will be to permit, for the purposes of Standards 1.1.1 and 1.3.1, the use in fruit drink of steviol glycosides subject to a maximum permitted level of 200 mg/kg steviol equivalents.
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a legislative framework for the development and administration of food standards by Food Standards Australia New Zealand (FSANZ). The Act addresses the need for a consistent and scientifically-based approach to food regulation across Australia and New Zealand. Enacted by the Australian Parliament, the FSANZ Act aims to protect public health and safety by ensuring that food sold in Australia and New Zealand is safe, correctly labelled, and of high quality. In line with this policy objective, the Authority has approved a draft variation to the Australia New Zealand Food Standards Code to permit the use of steviol glycosides as an intense sweetener in fruit drinks, subject to a maximum permitted level of 200 mg/kg steviol equivalents. This variation follows a process of public consultation and assessment, and is subject to the provisions of the FSANZ Act regarding the publication and implementation of food standards.
Scope and Application
The explanatory statement outlines the legislative process undertaken by Food Standards Australia New Zealand (FSANZ) in approving the use of steviol glycosides as a food additive in fruit drinks. The FSANZ Act, under section 13, empowers the Authority to develop and vary standards for the Australia New Zealand Food Standards Code, and it was in this capacity that the Authority accepted and considered application A1149. Following the prescribed procedure in Division 1 of Part 3 of the FSANZ Act, which includes public consultation, the Authority has approved a draft variation to the Code that permits the use of steviol glycosides as an intense sweetener in fruit drinks, with a maximum permitted level of 200 mg/kg steviol equivalents. This variation, once finalised, will be published as a legislative instrument, albeit one that is not subject to parliamentary disallowance or sunsetting. The legislation applies to all entities involved in the production, importation, or sale of fruit drinks within the Commonwealth of Australia and New Zealand, ensuring compliance with the new food additive standards.
Key Provisions
The primary sections of this legislation pertain to the Food Standards Australia New Zealand Act 1991 (FSANZ Act) and the Authority’s role in developing and varying food regulatory measures. Section 13 of the FSANZ Act outlines the Authority’s functions, which include the development and variation of standards for inclusion in the Australia New Zealand Food Standards Code (Code). Section 92 requires the Authority to publish a notice regarding any approved draft variation of a standard, while Section 94 clarifies that such standards or variations are legislative instruments but are exempt from parliamentary disallowance or sunsetting under the Legislation Act 2003. The approved draft variation permits the use of steviol glycosides as an intense sweetener in fruit drinks, with a maximum permitted level of 200 mg/kg steviol equivalents.
The Act imposes several obligations on the Authority and potentially on the manufacturers and suppliers of fruit drinks. The Authority must follow the procedure outlined in Division 1 of Part 3 of the FSANZ Act, including accepting applications for variations, considering these applications, and publishing notices about approved variations. Public consultation is a key part of this process, ensuring transparency and public input. The Authority is also responsible for preparing an assessment summary and calling for public submissions. Manufacturers and suppliers of fruit drinks must comply with the new standard by ensuring that any use of steviol glycosides does not exceed the specified maximum permitted level.
There are no explicit offences or penalties detailed within the explanatory statement for breaches of the new standard. However, non-compliance with food standards could potentially lead to civil and criminal consequences under other sections of the FSANZ Act or related legislation. Under the FSANZ Act, breaches of food standards may result in enforcement actions, such as fines or other penalties, which could vary depending on the severity and frequency of the breach. Additionally, the Australian Competition and Consumer Commission may take action against misleading or deceptive conduct related to food standards. The exact penalties would be determined based on the specific circumstances and relevant laws.