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 A1161 which seeks to permit the use of potassium polyaspartate as a food additive - stabiliser in wine. 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
The Authority has prepared a draft variation to the Code to permit potassium polyaspartate as a food additive – stabiliser in wine at a maximum permitted level of 100 mg/L.
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 A1161 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 13 September 2018 for a six-week consultation period.
A Regulation Impact Statement was not required because the proposed variation to Schedule 15 and Standard 4.5.1 are 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 [1.1]
Item [1.1] of the draft variation amends Standard 4.5.1 by inserting a reference to ‘Potassium polyaspartate’ into the table to clause 3 in alphabetical order. The effect of this amendment will be to permit the use of this substance in the production of wine, sparkling wine and fortified wine in Australia.
Item [1.2]
Item [1.2] of the draft variation amends subclause 5(5) of Standard 4.5.1 by adding paragraph(i). The new paragraph sets a maximum permitted level for potassium polyaspartate of 100 mg/L. The effect of this amendment will be to impose a requirement that wine, sparkling wine and fortified wine produced in Australia must contain no more than 100 mg/L of potassium polyaspartate.
Item [2.1]
Item [2.1] of the draft variation amends the alphabetical listing in the table to section S8—2 by inserting the food additive name ‘Potassium polyaspartate’ and code number ‘456’ into that listing in alphabetical order.
Item [2.2]
Item [2.2] of the draft variation amends the numerical listing in the table to section S8—2 by inserting the food additive code number ‘456 and name ‘Potassium polyaspartate’ into that listing in numerical order.
Item [3]
Item [3] of the draft variation amends item 14.2.2 of the table to section S15—5. Item 14.2.2 relates to wine, sparkling wine and fortified wine. The amendment inserts into item 14.2.2 an entry for potassium polyaspartate (INS number 456), with a maximum permitted level of 100 mg/L. The effect of this amendment will be to permit, for the purposes of Standard 1.3.1, that substance’s use as a food additive in that category of food products subject to that maximum permitted level.
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to establish Food Standards Australia New Zealand (FSANZ) as the bi-national agency responsible for developing and maintaining food standards in Australia and New Zealand. The Act aims to ensure food safety and public health protection through the regulation of food standards, thereby addressing the need for consistent and science-based food regulations across both countries. The Parliament of Australia enacted this legislation to provide a unified approach to food regulation, reducing the administrative burden on businesses operating in both countries. In this context, the FSANZ Act allows FSANZ to accept applications for the development or variation of food regulatory measures, including food standards, and mandates public consultation and assessment processes. The Authority, FSANZ, has utilised these provisions to consider and draft a variation permitting the use of potassium polyaspartate as a food additive in wine, following a public consultation period. This legislative framework ensures that any proposed changes to food standards are subjected to rigorous scrutiny and public input, thereby maintaining high standards of food safety and quality.
Scope and Application
The draft variation of the Australia New Zealand Food Standards Code, aimed at allowing potassium polyaspartate as a food additive in wine, pertains to entities involved in the production, importation, and sale of wine within Australia, including wineries, importers, and retailers. This variation is applicable to the specified food products and applies across the entire Commonwealth of Australia, ensuring consistent standards and regulatory compliance throughout the country. While the variation itself is not subject to disallowance or sunsetting, it is created in accordance with the Food Standards Australia New Zealand Act 1991 and follows the procedure outlined in Division 1 of Part 3. The Authority undertook one round of public consultation to gather feedback on the draft variation, and due to the minor impact expected on businesses and individuals, a Regulation Impact Statement was not required. The application of this draft variation is subject to the acceptance and formal publication by the Authority and subsequent endorsement by the Australia and New Zealand Ministerial Forum on Food Regulation.
Key Provisions
The draft variation under the Food Standards Australia New Zealand Act 1991 (FSANZ Act) seeks to permit the use of potassium polyaspartate as a food additive – stabiliser in wine at a maximum permitted level of 100 mg/L. The Authority, under section 13 of the FSANZ Act, has developed this draft variation in response to application A1161, which was accepted by the Authority. The Authority considered this application in accordance with the procedure outlined in Division 1 of Part 3 of the FSANZ Act, which includes the option to accept applications for the development or variation of food regulatory measures, including standards. The Authority followed this procedure and published a notice about the draft variation under section 92 of the FSANZ Act. The draft variation will amend Standard 4.5.1 by inserting a reference to ‘Potassium polyaspartate’ into the alphabetical and numerical listings in the relevant tables, and will also set a maximum permitted level for potassium polyaspartate of 100 mg/L.
The obligations imposed by the draft variation on the parties it governs include the requirement that wine, sparkling wine and fortified wine produced in Australia must contain no more than 100 mg/L of potassium polyaspartate. This applies to all food businesses involved in the production of these wine types. The Authority has considered this variation in accordance with the procedure outlined in the FSANZ Act and has prepared a draft variation and associated assessment summary, which underwent one round of public consultation. The Authority’s consideration of the application and preparation of the draft variation was carried out in compliance with the requirements of the FSANZ Act and the Australia and New Zealand Ministerial Forum on Food Regulation. The Authority must also publish a notice about the standard or draft variation of a standard, as specified in section 92 of the FSANZ Act.
There are no specific offences, penalties, or civil/criminal consequences outlined for breach of this draft variation. However, the draft variation is a legislative instrument under section 94 of the FSANZ Act and is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003. The Authority is required to ensure that the draft variation is compatible with human rights, but this particular instrument is exempt from the requirements for a statement of compatibility with human rights. Failure to comply with the maximum permitted level of potassium polyaspartate may result in regulatory action by the relevant authorities.