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 A1158 which seeks to permit use of rosemary extract as a food additive to perform the technological purpose of an antioxidant. The Authority considered the application in accordance with Division 1 of Part 3 and has prepared a draft Standard.
2. Purpose
The Authority has prepared a draft amendment to the table at section S15—5 in Schedule 15 to permit the use of rosemary extract as a food additive to perform the technological purpose of an antioxidant in the food groups and at the maximum concentrations (expressed as the sum of carnosic acid and carnosol in mg/kg) as listed in the table below.
Food category no. | Description | Maximum concentration* (mg/kg) | Included Foods |
2.1 | Edible oils essentially free of water | 50 | Fish oil and algal oil only |
2.2.1.3 | Oil emulsions (<80% oil) | 75 | Margarines (solid and liquid) only |
4.3.4 | Fruit and vegetable spreads including jams, chutneys and related products | 50 | Nut butters and nut spreads only |
5.4 | Icings and frostings | 20 | |
6.3 | Processed cereals and meal products | 50 | Grain bars, breakfast bars, breakfast cereals only |
6.4 | Flour products | 10 | Excluding pasta and noodles |
7.2 | Biscuits, cakes and pastries | 40 | |
8.2 | Processed meat, poultry and game products in whole cuts or pieces | 15 37.5 | Meat with a fat content not higher than 10%, excluding dried sausages Meat with a fat content > 10%, excluding dried sausages |
8.2.3 | Dried Meat | 150 | |
8.3.2 | Sausage and sausage meat containing raw, unprocessed meat | 100 | Dried sausages only |
12 | Salts and condiments | 40 | |
20.2.04 | Sauces and toppings (including mayonnaises and salad dressings) | 50 | |
20.2 | Foods not included in items 0 to 14 - Food other than beverages | 50 | Processed nuts only |
20.2 | Foods not included in items 0 to 14 - Food other than beverages | 20 | Potato chips, including starch based snacks from roots and tubers, pulses |
* Based on the whole food expressed as the sum of carnosic acid plus carnosol
As a consequence to amendments to Schedule 15, the Authority has also prepared a draft amendment to Standard 1.3.1—4(6) to list rosemary extract as the sum of carnosic acid and carnosol.
The Authority has also prepared an amendment to Schedule 8 to prescribe the use of the words “rosemary extract” and INS number 392 to describe the permitted antioxidant food additive for labelling purposes
3. Documents incorporated by reference
The approved draft variations to food regulatory measures do not incorporate any documents by reference.
Existing provisions of the Code incorporate a document by reference that will prescribe identity and purity specifications for the food additive to be permitted by the approved draft variation. Section 1.1.1—15 of the Code requires substances used as food additives to comply with any relevant identity and purity specifications listed in Schedule 3 of the Code. Section S3—2 of Schedule 3 incorporates by reference the specifications listed in Food Chemicals Codex (10th edition). This includes a specification for rosemary extract.
4. Consultation
In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1158 will include one round of public consultation following an assessment and the preparation of a draft variation and associated assessment summary.
A call for submissions (including the draft variation) will occur for a six-week consultation period.
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] varies subsection 1.3.14(6) of Standard 1.3.1. to insert a new entry for rosemary extract calculated as the sum of carnosic acid and carnosol.
Item [2] varies the tables in section S8–2 of Schedule 8 to insert references to rosemary extract and to its INS Number 392 in the alphabetical and numerical lists of food additives names used for labelling purposes.
Item [3] varies the table to section S15—5 in Schedule 15 to insert permissions for rosemary extract to be added as a food additive in specific classes of foods subject to the maximum permitted level (expressed as the sum of carnosic acid and carnosol in mg/kg) specified for each class.
Overview
The Food Standards Australia New Zealand Act 1991, enacted by the Parliament of Australia, empowers Food Standards Australia New Zealand (FSANZ) to develop and vary food standards to ensure food safety and public health. The Act provides a framework for FSANZ to consider applications for the development or variation of food regulatory measures, including food additives. In response to Application A1158, which seeks to permit the use of rosemary extract as a food additive to perform the technological purpose of an antioxidant, FSANZ has prepared a draft amendment to the Australia New Zealand Food Standards Code. This amendment aims to permit the use of rosemary extract in specified food categories at designated maximum concentrations, ensuring the safety and quality of food products containing this additive. The policy objective is to enhance the food regulatory framework by incorporating new food additives that meet safety standards while facilitating innovation in the food industry. Public consultation will be conducted to gather feedback on the proposed amendments before final implementation.
Scope and Application
The draft amendment to food regulatory measures, as prepared by Food Standards Australia New Zealand (the Authority), seeks to permit the use of rosemary extract as a food additive to perform the technological purpose of an antioxidant in various food categories. This application, A1158, has been accepted and considered by the Authority in accordance with the procedures specified in Division 1 of Part 3 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act). The draft amendment encompasses changes to the table at section S15—5 in Schedule 15 to include rosemary extract as a permitted food additive across different food groups, specifying maximum concentrations based on the sum of carnosic acid and carnosol in mg/kg. Furthermore, the draft includes modifications to Standard 1.3.1—4(6) to list rosemary extract and an amendment to Schedule 8 to prescribe the use of the terms "rosemary extract" and INS number 392 for labelling purposes. These amendments do not incorporate any documents by reference, although existing provisions in the Code refer to the Food Chemicals Codex (10th edition) for identity and purity specifications, including those for rosemary extract. The Authority's consideration of this application includes a round of public consultation for six weeks following the assessment and preparation of the draft variation and associated assessment summary. 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.
Key Provisions
The key operative sections of this legislation (F2019L00040) involve variations to the Australia New Zealand Food Standards Code (the Code). Under section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), Food Standards Australia New Zealand (the Authority) has accepted an application to permit the use of rosemary extract as a food additive for its antioxidant properties. This has led to the preparation of a draft Standard (item [1]) which inserts a new entry for rosemary extract into subsection 1.3.14(6) of Standard 1.3.1, calculated as the sum of carnosic acid and carnosol. Another draft amendment (item [2]) updates the tables in section S8–2 of Schedule 8 to include references to rosemary extract and its International Numbering System (INS) Number 392 in the lists of food additive names used for labelling purposes. Additionally, a further amendment (item [3]) updates the table in section S15—5 of Schedule 15 to permit rosemary extract as a food additive in specific classes of foods, subject to the maximum permitted levels expressed as the sum of carnosic acid and carnosol in mg/kg.
The obligations imposed on parties and entities by this legislation primarily concern compliance with the new standards and variations. Food businesses and manufacturers must ensure that any use of rosemary extract as a food additive adheres to the specified maximum concentrations for each food category. This involves not only using the additive within the prescribed limits but also accurately labelling products to include the terms "rosemary extract" and its INS Number 392. The Authority will expect adherence to these standards to ensure consumer safety and the correct use of food additives.
Failure to comply with the new provisions could result in various consequences. While the explanatory statement does not explicitly list offences or penalties, non-compliance with food standards generally could lead to enforcement actions by the Authority. This might include warnings, fines, product recalls, or legal action against entities that persistently fail to comply. The FSANZ Act provides for significant penalties, both civil and criminal, for breaches of food standards, which could include substantial fines for corporations and imprisonment for individuals, depending on the severity and intent of the breach.
In summary, this legislation introduces new standards permitting the use of rosemary extract as a food additive in specified food categories, with detailed maximum concentrations and labelling requirements. Compliance is mandatory for all food businesses and manufacturers, with potential civil and criminal penalties for non-compliance, although specific penalties are not detailed in the explanatory statement.