EXPLANATORY STATEMENT
Subject - Food Standards Australia New Zealand Amendment Act 2007
Proclamation
Subsection 2(1) of the Food Standards Australia New Zealand Amendment Act 2007 (the Act) provides that Parts 1 and 2 of Schedule 1 commence on Proclamation. However, if any of the provisions(s) do not commence within the period of 6 months beginning on the day on which this Act receives Royal Assent, they commence on the first day after the end of that period.
The remainder of Schedule 1 will commence immediately after the commencement of Parts 1 and 2. The commencement of Schedule 1 of the Bill is staggered to facilitate the logical restructuring of the different Parts of the Act.
The purpose of the Proclamation is to fix 1 July 2007 as the day on which Parts 1 and 2 of Schedule 1 to the Act will commence.
In summary, Schedule 1 of the Act reforms the food standards assessment and consultation process to match the process with the nature and scope of the application or proposal under consideration and create more meaningful opportunities for consultation with stakeholders. It harmonises as far as possible the processes for the assessment of applications and proposals and aligns the processes for setting of Maximum Residue Limits of the Australian Pesticides and Veterinary Medicines Authority (the Authority) and of the Food Standards Australia and New Zealand. It also enables the development of urgent standards due to unforeseen negative impacts on trade.
The commencement date allows the Authority to make appropriate arrangements so that the reformed process can commence for all applications received on and after 1 October 2007. The announcement of the commencement date is enthusiastically awaited by industry. The 1 July 2007 commencement date triggers a number of operational requirements within the Authority and was chosen after extensive planning and consultation with the Authority.
Schedule 2 to the Act, which describes a new process for the assessment of high level health claims, commence on Proclamation. However, if any of the provision(s) do not commence within the period of 18 months beginning on the day on which this Act receives Royal Assent, they commence on the first day after the end of that period. Schedule 3 to the Act will commence on the day the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards (the Treaty) is amended.
The Act specifies no conditions that need to be met before the power to make the Proclamation may be exercised.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Food Standards Australia New Zealand Amendment Act 2007 was enacted to reform the food standards assessment and consultation process, aligning it with the nature and scope of the application or proposal under consideration, and creating more meaningful opportunities for stakeholder consultation. This Act was passed by the Parliament of Australia and aims to harmonise the processes for the assessment of applications and proposals and to align the processes for setting of Maximum Residue Limits of the Australian Pesticides and Veterinary Medicines Authority and of the Food Standards Australia New Zealand. The commencement of this Act is staggered to facilitate the logical restructuring of the different parts of the Act. The Act also enables the development of urgent standards due to unforeseen negative impacts on trade. The commencement date for Parts 1 and 2 of the Act is 1 July 2007, allowing the Authority to make appropriate arrangements so that the reformed process can commence for all applications received on and after 1 October 2007. The announcement of the commencement date is eagerly anticipated by industry.
Scope and Application
The Food Standards Australia New Zealand Amendment Act 2007 (the Act) applies to various entities and individuals involved in the food industry, particularly those who are required to comply with food standards set by Food Standards Australia New Zealand (FSANZ). This includes food businesses, manufacturers, importers, and distributors operating within Australia, as well as relevant authorities and stakeholders who participate in the assessment and consultation processes for food standards. The Act's provisions also extend to ensuring that the processes for setting Maximum Residue Limits are harmonised between FSANZ and the Australian Pesticides and Veterinary Medicines Authority (the Authority). Geographically, the Act operates nationally within Australia, aligning the legislative framework with the requirements of the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards (the Treaty). The Act does not specify any exclusions, exemptions, or thresholds; however, the commencement of its provisions is staggered to facilitate effective implementation and allow for appropriate arrangements within the Authority. The Act's subordinate instruments may further extend or restrict its application, ensuring that the reformed processes are effectively integrated into existing regulatory frameworks.
Key Provisions
The Food Standards Australia New Zealand Amendment Act 2007, as detailed in the Explanatory Statement, outlines a series of reforms aimed at restructuring the food standards assessment and consultation process. Section 2(1) specifies that Parts 1 and 2 of Schedule 1, which address the commencement of the Act and the new assessment processes, will commence on Proclamation, set for 1 July 2007. This date allows the Australian Pesticides and Veterinary Medicines Authority (the Authority) sufficient time to make the necessary arrangements for the new processes to be effective for all applications received on or after 1 October 2007. The remainder of Schedule 1, which includes further amendments and provisions, will commence immediately after Parts 1 and 2. Schedule 2, concerning the new process for the assessment of high-level health claims, will also commence on Proclamation, but if any provisions do not commence within 18 months from Royal Assent, they will commence on the first day after the end of that period. Schedule 3 will commence on the day the Agreement between Australia and New Zealand is amended.
The Act imposes several obligations on the Authority, primarily focused on ensuring that the new assessment and consultation processes are implemented effectively. The Authority must ensure that the assessment of applications and proposals is aligned with the nature and scope of each case, creating more meaningful opportunities for stakeholder consultation. The Act also mandates the harmonisation of assessment processes between the Authority and Food Standards Australia New Zealand, as well as the development of urgent standards in response to unforeseen negative impacts on trade. These obligations are designed to improve the efficiency and effectiveness of the food standards framework.
Breaches of the provisions set out in the Act can result in various penalties and consequences. While the Explanatory Statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance with the new processes and obligations could lead to civil or criminal penalties under existing legislation. The severity of these penalties would depend on the specific nature and impact of the breach, as well as any relevant provisions in related Acts. The Authority is tasked with enforcing compliance and ensuring that all stakeholders adhere to the new processes and requirements outlined in the Food Standards Australia New Zealand Amendment Act 2007.