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 (FSANZ, 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 A1175 which seeks to permit rapeseed protein isolate as a novel food. The Authority considered the application in accordance with Division 1 of Part 3 and has prepared a draft variation.
2. Purpose
The Authority has prepared a draft variation to the Code to permit the sale of rapeseed protein isolate as a novel food, subject to specified conditions of use.
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 A1175 will include one round of public consultation following an assessment and the preparation of a draft Standard and associated assessment summary.
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 3 of the Code. Sub item [1.1] inserts a reference to rapeseed protein isolate into the table to S3—2(2), linking rapeseed protein isolate to a new specification located at section S3—40. Sub item [1.2] inserts a product specification for rapeseed protein isolate at section S3—40. The specification includes required composition, purity, metal content and microbiological limits.
Item [2] amends Schedule 25 by inserting a permission for the sale of the novel food rapeseed protein isolate into the table to section S25—2, and specifying conditions for its use.
These conditions include a requirement specifying how the substance can be derived; a requirement not to add the substance to infant formula products or food for infants; and a requirement that the substance comply with the specifications listed in section S3—40.
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a framework for the development and enforcement of food standards in Australia and New Zealand, thereby ensuring food safety and consumer protection. The Act empowers Food Standards Australia New Zealand (FSANZ) to create and modify food regulatory measures, including standards, to keep pace with evolving food technology and market demands. In response to an application seeking to introduce rapeseed protein isolate as a novel food, FSANZ has drafted a variation to the Australia New Zealand Food Standards Code, aiming to regulate its sale under specific conditions. This legislative instrument, exempt from the need for a human rights compatibility statement, follows a public consultation process and incorporates necessary compositional and purity specifications for the novel food. The variation seeks to integrate rapeseed protein isolate into the regulatory framework, setting out detailed conditions for its use while prohibiting its addition to infant formula products or foods intended for infants.
Scope and Application
The draft variation to the Australia New Zealand Food Standards Code, prepared by Food Standards Australia New Zealand (FSANZ) in response to application A1175, applies to entities and individuals involved in the production, processing, and sale of food products containing rapeseed protein isolate in Australia and New Zealand. This variation targets the food industry, specifically those entities seeking to use rapeseed protein isolate as a novel food ingredient. The draft variation sets forth specific conditions for the use of this novel food, including compositional, purity, metal content, and microbiological limits, as well as conditions for its sale and application within food products. The draft variation extends across both Australia and New Zealand, aligning with the jurisdictional scope of the FSANZ Act. Exemptions and thresholds are specified within the draft, governing the permissible use of rapeseed protein isolate to ensure safety and compliance with food standards. This legislative instrument is subject to further consultation and amendment as per the procedures outlined in the FSANZ Act, and it does not incorporate any documents by reference.
Key Provisions
The main operative sections of the legislation pertain to the development of food regulatory measures by FSANZ, as outlined in the Food Standards Australia New Zealand Act 1991 (the FSANZ Act). Section 13 of the FSANZ Act empowers FSANZ to develop and vary standards for inclusion in the Australia New Zealand Food Standards Code (the Code). Division 1 of Part 3 of the FSANZ Act details the procedure for considering applications for the development or variation of food regulatory measures. In this instance, FSANZ has accepted application A1175, seeking to permit rapeseed protein isolate as a novel food, and has prepared a draft variation to the Code. This draft variation, detailed in Item [1], will amend Schedule 3 of the Code to include a reference to rapeseed protein isolate and a new specification for it, while Item [2] will amend Schedule 25 to permit the sale of this novel food under specified conditions.
The obligations and requirements imposed by this legislation on FSANZ include the thorough consideration of application A1175, which involves an assessment, the preparation of a draft Standard and associated assessment summary, and a round of public consultation as specified in Division 1 of Part 3 of the FSANZ Act. The draft variation must include detailed specifications for the composition, purity, metal content, and microbiological limits of rapeseed protein isolate, as well as conditions for its sale, such as restrictions on its use in infant formula products and food for infants, and compliance with the specified standards. The draft variation must also ensure that the sale of rapeseed protein isolate adheres to the regulatory framework established by the FSANZ Act.
Any breaches of the provisions set out in this legislation could lead to civil or criminal consequences. While the explanatory statement does not detail specific offences or penalties, FSANZ is bound by the FSANZ Act to enforce compliance with the standards and conditions specified in the Code. The FSANZ Act provides for enforcement actions, including the ability to impose fines and sanctions for non-compliance with food standards. The exact penalties for breaches are governed by the broader provisions of the FSANZ Act and could include significant fines for both individuals and corporations, depending on the severity and nature of the breach.
This instrument is exempt from the requirement for a statement of compatibility with human rights, as it is a non-disallowable instrument under section 94 of the FSANZ Act. This exemption means that while the draft variation to the Code is being prepared and considered, it does not need to demonstrate compliance with human rights legislation. The focus remains on ensuring that the food regulatory measures align with the public health and safety standards set forth by FSANZ and the FSANZ Act.