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 2 of Part 3 of the FSANZ Act specifies that the Authority may prepare a proposal for the development or variation of food regulatory measures. This Division also stipulates the procedure for considering a proposal for the development or variation of food regulatory measures.
FSANZ prepared Proposal P1023 to, among other things, set a new commencement date for Standard 2.9.5 – Food for Special Medical Purposes.
The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft variation to amend the commencement dates for Standard 2.9.5.
2. Purpose and operation
The Authority has approved a draft variation to commence Standard 2.9.5 on the date of gazettal of Food Standards (Proposal 1023 – Tutin, Tocopherols & Food for Special Medical Purposes Standards Amendments) Variation with specific transitional arrangements until 28 June 2014. Standard 2.9.5’s earlier commencement date and the transition arrangements enable and provide greater regulatory certainty for stakeholders, particularly manufacturers of food for special medical purposes and enforcement agencies.
The variation was prepared as a separate legislative instrument having regard to its technical nature, that is, it actually varies the notice given under section 92 of the Food Standards Australia New Zealand Act 1991 for Standard 2.9.5 – Food for Special Medical Purposes (Federal Register of Legislative Instruments (FRLI) No. F2012L01347).
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 2 of Part 3 of the FSANZ Act, the Authority’s consideration of Proposal P1023 has included one round of public consultation following an assessment and preparation of a draft Standard and associated report. Submissions were called for on 2 October 2012 for a four-week consultation period.
A Regulation Impact Statement was not required because the proposed variations were administrative in nature and unlikely to have a negative 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. Variations
6.1 Variations
Item [1] of the Schedule varies the notice given under section 92 of the Food Standards Australia New Zealand Act 1991 for Standard 2.9.5 – Food for Special Medical Purposes (Federal Register of Legislative Instruments (FRLI) No. F2012L01347). The effect of this variation is to change the commencement date of Standard 2.9.5 to the date of gazettal of the Food Standards (Proposal 1023 – Tutin, Tocopherols & Food for Special Medical Purposes Standards Amendments) Variation.
6.2 Commencement
Clause 2 of the amending instrument provides that it commences on the date of its gazettal.
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to ensure that food standards are science-based and meet the needs of consumers, while also facilitating trade and protecting public health. This Act established Food Standards Australia New Zealand (FSANZ) as the body responsible for developing food standards and variations. FSANZ prepared Proposal P1023, which includes a draft variation to amend the commencement date for Standard 2.9.5 – Food for Special Medical Purposes. The Authority approved this draft variation, allowing for a new commencement date and specific transitional arrangements until 28 June 2014. This change was intended to provide regulatory certainty for stakeholders, especially manufacturers and enforcement agencies. The variation was enacted as a separate legislative instrument due to its technical nature and to modify the notice under section 92 of the FSANZ Act. The Authority undertook one round of public consultation as part of the proposal's consideration, deeming a Regulation Impact Statement unnecessary due to the administrative nature of the variations.
Scope and Application
The Food Standards (Proposal 1023 – Tutin, Tocopherols & Food for Special Medical Purposes Standards Amendments) Variation applies to entities and individuals involved in the manufacture and regulation of food for special medical purposes across Australia. This includes food manufacturers, healthcare providers, and regulatory bodies responsible for enforcing compliance with food standards. The variation pertains to the commencement date of Standard 2.9.5 in the Australia New Zealand Food Standards Code, thereby directly impacting the operations of entities producing or supplying such specialised food products. Geographically, the legislation's application is national, aligning with the jurisdictional reach of the Food Standards Australia New Zealand Act 1991, which operates under the Commonwealth. The variation does not incorporate any documents by reference and is exempt from the need for a statement of compatibility with human rights due to its nature as a non-disallowable instrument. The variation also specifies transitional arrangements until 28 June 2014 to facilitate a smoother implementation for stakeholders.
Key Provisions
The primary sections of this legislation (items 1 and 2 of the Schedule) specify the variation to the commencement date of Standard 2.9.5 – Food for Special Medical Purposes. This standard, which was previously set to commence on a specific date, will now commence on the date of the gazettal of the new variation (Schedule, item 1). The legislation also outlines transitional arrangements until 28 June 2014, which provide regulatory certainty for stakeholders involved in the production and enforcement of food standards (Schedule, item 2). These provisions aim to streamline the implementation process and ensure a smoother transition for affected parties.
The Act imposes several obligations on the parties it governs. Firstly, manufacturers of food for special medical purposes must ensure compliance with the new commencement date and associated transitional arrangements. This includes adapting their production and labelling practices to align with the updated standards (Schedule, item 2). Additionally, enforcement agencies must be aware of the new commencement date and enforce the updated standards accordingly. They must also monitor compliance with the transitional arrangements until the specified end date of 28 June 2014 (Schedule, item 2).
In terms of penalties and consequences for non-compliance, the legislation does not explicitly outline specific penalties within the text provided. However, under the Food Standards Australia New Zealand Act 1991, non-compliance with food standards can result in civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, depending on the severity and frequency of the breach. The specific maximum penalties would be detailed in the relevant sections of the FSANZ Act and would be enforced by relevant authorities.