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 A1180 which seeks to permit the use of long-chain glycolipids from Dacryopinax spathularia (sweet osmanthus ear glycolipids) to be used as a food additive in non-alcoholic beverages. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved 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 approved a draft variation to the Code to permit sweet osmanthus ear glycolipids as a food additive in non-alcoholic beverages at a maximum permitted level specified in Schedule 15 (depending on the beverage category). The technological purpose of sweet osmanthus ear glycolipids is use as a preservative in non-alcoholic beverages.
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 A1180 included one round of public consultation following an assessment and the preparation of a draft Standard and associated assessment summary.
The Office of Best Practice Regulation (OBPR) granted FSANZ a standing exemption from the requirement to develop a Regulatory Impact Statement for permitting new food additives (OBPR correspondence dated 24 November 2010, reference 12065). This standing exemption was provided as permitting food additives is machinery in nature as they are part of implementing a regulatory framework where the use of the new additive is voluntary once the application has been approved. This standing exemption relates to the introduction of a food to the food supply that has been determined to be safe.
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 the table to section S2—2 in Schedule 2 by alphabetically inserting into the table:
- ‘MPN’ as a new unit of measurement; and
- ‘most probable number’ as the meaning of MPN.
‘MPN’ is a unit of measurement referred to in the new specification for sweet osmanthus ear glycolipids (see subitem [2.2] below).
Item [2] amends Schedule 3 by including a specification for sweet osmanthus ear glycolipids.
Subitem [2.1] inserts ‘sweet osmanthus ear glycolipids’ and ‘section S3—43’ in the table to subsection S3—2(2), in alphabetical order. This table sets out the relevant provisions where specifications for the listed substances are set out in Schedule 3.
Subitem [2.2] inserts the actual specification for sweet osmanthus ear glycolipids in Schedule 3.
Item [3] amends Schedule 8 by inserting ‘sweet osmanthus ear glycolipids’ into each of the following tables to section S8—2:
- the table to section S8—2 entitled ‘Food additive names—alphabetical listing’ (alphabetically) (see subitem [3.1]); and
- the table to section S8—2 entitled ‘Food additive names—numerical listing’ (above the entry for ‘Sodium hydrosulphite’) (see subitem [3.2]).
No INS number is prescribed as there is no current INS number for sweet osmanthus ear glycolipids.
The effect of this amendment is that, for the purposes of subsection 1.2.4—7(1) of the Code, ‘Sweet osmanthus ear glycolipids’ must be listed in the statement of ingredients for a food in which sweet osmanthus ear glycolipids is used as a food additive.
Item [4] amends the table to section S15–5 by inserting ‘sweet osmanthus ear glycolipids’ and specified maximum permitted levels into the table for the following categories of beverages:
- subitem [4.1] - 100 mg/kg for Fruit and vegetable juices and fruit and vegetable juice products;
- subitem [4.2] - 50 mg/kg for Water based flavoured drinks;
- subitem [4.3] - 20 mg/kg for Formulated Beverages;
- subitem [4.4] - 10 mg/kg for Coffee, coffee substitutes, tea, herbal infusions and similar products;
- subitem [4.5] - 100 mg/kg for beer where the alcohol has been removed.
The effect of this amendment is to permit, for the purposes of Standard 1.3.1, the use of sweet osmanthus ear glycolipids as a food additive in those categories of beverages at the specified maximum permitted levels.
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a unified framework for food regulation between Australia and New Zealand. The Act established Food Standards Australia New Zealand (FSANZ) as the body responsible for developing food standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code). One of the key problems the Act aimed to address was the need for a consistent and science-based approach to food regulation across the two countries, ensuring that food standards are both safe and of high quality. The Act empowers FSANZ to consider applications for the development or variation of food regulatory measures, including standards, and mandates the publication of notices regarding these standards or variations, as stipulated in section 92 of the Act. The legislative instrument F2021L00327, published under section 92 of the FSANZ Act, addresses the application A1180 which seeks to permit the use of long-chain glycolipids from Dacryopinax spathularia (sweet osmanthus ear glycolipids) as a food additive in non-alcoholic beverages. Following approval by the Authority, the draft variation aims to permit the use of sweet osmanthus ear glycolipids as a preservative in specified categories of beverages at certain maximum permitted levels. This legislative instrument also introduces a new unit of measurement, 'MPN', and includes a specification for sweet osmanthus ear glycolipids in the Code. The policy objective of this legislative instrument is to enhance food safety and quality by incorporating a new food additive, subject to rigorous assessment and public consultation, ensuring that it is safe for use in the food supply.
Scope and Application
The F2021L00327 Act pertains to Food Standards Australia New Zealand (FSANZ), specifically focusing on the development and variation of food regulatory measures, including standards for the Australia New Zealand Food Standards Code. The Act applies to FSANZ and its authority to accept applications for the development or variation of food regulatory measures, which must be considered in accordance with the provisions of the Food Standards Australia New Zealand Act 1991. This Act, which is applicable nationally across Australia and New Zealand, mandates that FSANZ must publish a notice about any draft variation of a standard, such as the one approved in this instance for the use of long-chain glycolipids from Dacryopinax spathularia (sweet osmanthus ear glycolipids) as a food additive in non-alcoholic beverages. The approved draft variation specifies maximum permitted levels for these glycolipids in various beverage categories, establishing their use as a preservative. The Act outlines the process for FSANZ to consider such applications, including public consultation, and specifies that these variations, while considered legislative instruments, are not subject to parliamentary disallowance or sunsetting.
Key Provisions
The key operative sections of this legislation pertain to the amendment of the Australia New Zealand Food Standards Code to permit the use of sweet osmanthus ear glycolipids as a food additive in certain non-alcoholic beverages. Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) enables the Authority to develop and vary food regulatory measures, including standards. The Authority has accepted and considered Application A1180, resulting in the approval of a draft variation to the Code. This variation is subject to a public consultation process, as outlined in Division 1 of Part 3 of the FSANZ Act, and has subsequently been considered by the Australia and New Zealand Ministerial Forum on Food Regulation.
Under this legislation, the Authority is obliged to publish a notice about the draft variation in accordance with section 92 of the FSANZ Act. The approved draft variation permits the use of sweet osmanthus ear glycolipids as a food additive in non-alcoholic beverages at specified maximum permitted levels, as detailed in Schedule 15. The Authority is also required to ensure that the technological purpose of the additive, in this case its use as a preservative, is met. The Authority must also consider any relevant public consultation and the assessment summary prepared as part of the application process. Moreover, the Authority must ensure that the variation is consistent with human rights, although this legislation 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.
Breach of the provisions of this legislation could lead to civil or criminal consequences, although the specific offences, penalties, or consequences are not explicitly stated within the text. The Authority may face legal challenges or enforcement actions if the approved variation does not comply with the FSANZ Act or if it fails to adequately consider the application or public consultation process. Additionally, any person or entity that uses sweet osmanthus ear glycolipids in non-alcoholic beverages in a manner that contravenes the maximum permitted levels specified in Schedule 15 may face legal action, including fines or other penalties. However, the exact nature and extent of these consequences are not detailed within the text.
In summary, this legislation amends the Australia New Zealand Food Standards Code to permit the use of sweet osmanthus ear glycolipids as a food additive in certain non-alcoholic beverages at specified maximum permitted levels. The Authority is responsible for considering applications, conducting public consultation, and publishing notices about draft variations. Breach of the provisions of this legislation could lead to civil or criminal consequences, although the specific offences, penalties, or consequences are not explicitly stated within the text.