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, including standards. This Division also stipulates the procedure for considering a proposal for the development or variation of food regulatory measures.
FSANZ prepared Proposal M1013 to update Schedule 20 (commencing 1 March 2016) to reflect amendments made to Schedule 1 of current Standard 1.4.2 in 2015 and to correct technical and formatting errors. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has prepared a draft Standard.
Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation[1], 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 Legislative Instruments Act 2003.
2. Purpose
The Authority prepared the Proposal to incorporate gazetted amendments to Schedule 1 of current Standard 1.4.2 made by the following:
- Proposal M1010
- Proposal M1012
- all amendments made by the APVMA in 2015 (up to APVMA 10, 2015)
- correct formatting and other minor technical errors.
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 M1013 will include one round of public consultation following an assessment and the preparation of a draft Standard and associated assessment summary. Submissions were called for on 25 September 2015 for a four-week consultation period.
A Regulation Impact Statement was not required because the proposed variations to Schedule 20 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] corrects a typographical error in the numbering of the Note to the Schedule.
Item [2] repeals and replaces the table to section S20—3 to include variations relating to maximum residue limits amendments made to the existing Code (Schedule 1 of Standard 1.4.2) made by FSANZ (Proposals M1010 and M1012) and the Australian Pesticides and Veterinary Medicines Authority (APVMA) during 2015 (up to APVMA 10, 2015) and to correct typographical and other minor errors.
[1] convening as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to establish Food Standards Australia New Zealand (FSANZ) and outline its functions, including the development and variation of food standards for the Australia New Zealand Food Standards Code. The problem this legislation addresses is the need for a cohesive and efficient regulatory framework governing food standards across Australia and New Zealand to ensure food safety and consumer protection. Enacted by the Australian Parliament, the policy objective is to harmonise and streamline food regulation, ensuring public health is safeguarded by maintaining high standards for food safety and quality. FSANZ's role involves preparing proposals for the development or variation of food regulatory measures, which are subject to approval by the Australia and New Zealand Ministerial Forum on Food Regulation. The FSANZ Act mandates the publication of notices for proposed standards or variations, ensuring transparency and public consultation, while also specifying that these legislative instruments are not subject to parliamentary disallowance or sunsetting.
Scope and Application
The explanatory statement outlines the legislative process and objectives of Proposal M1013 prepared by Food Standards Australia New Zealand (FSANZ) to update Schedule 20 of the Australia New Zealand Food Standards Code (the Code). This proposal aims to incorporate amendments to Standard 1.4.2, made in 2015 by FSANZ and the Australian Pesticides and Veterinary Medicines Authority (APVMA), and to correct formatting and other minor technical errors. The proposal was developed in accordance with the Food Standards Australia New Zealand Act 1991, which mandates FSANZ to prepare proposals for the development or variation of food regulatory measures and includes a procedure for public consultation. This proposal, once finalised, will be subject to ministerial consideration through the Australia and New Zealand Ministerial Forum on Food Regulation and will subsequently be published as a legislative instrument, exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. The proposal does not incorporate any documents by reference, and while a Regulation Impact Statement was not required due to the minor impact of the proposed variations, one round of public consultation was conducted to gather submissions on the draft Standard and associated assessment summary.
Key Provisions
The key operative sections of this legislation, specifically the Food Standards Australia New Zealand Act 1991 (the FSANZ Act), require Food Standards Australia New Zealand (the Authority) to develop standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code) (sections 13 and 92). The Authority must also publish a notice about any standard or draft variation of a standard (section 92). Furthermore, a standard or a variation of a standard in relation to which a notice is published under section 92 is considered a legislative instrument (section 94). This legislative instrument, however, is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
The obligations and requirements imposed by this Act on the parties or entities it governs are primarily centred around the development and variation of food standards. The Authority must ensure that any proposed variations to the Code are gazetted and considered in accordance with the procedure outlined in Division 2 of Part 3 of the FSANZ Act. This process includes a round of public consultation following an assessment and the preparation of a draft Standard and associated assessment summary. Additionally, the Authority must prepare a Regulation Impact Statement if the proposed variations to the Code are likely to have more than a minor impact on business and individuals. This Act also exempts the instrument 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.
Offences, penalties, or civil/criminal consequences for breach are not explicitly stated within the text of this legislation. However, the FSANZ Act does provide for enforcement mechanisms, including fines and imprisonment, for breaches of the standards set out in the Code. The maximum penalties for such breaches are not specified in the explanatory statement but would be detailed within the FSANZ Act itself. It is essential to refer to the primary Act for specific information regarding penalties associated with non-compliance.