Food Standards (Proposal P1004 – Production & Processing Standard for Seed Sprouts – Consequential) Variation

Administered by Department of Health, Disability and Ageing

Legislation au F2012L00027 Not in force Legislative Instrument

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Explanatory Statement

 

Food Standards (Proposal P1004 –Production & Processing Standard for Seed Sprouts – Consequential) Variation

 

1. Authority

 

Section 13 of the Food Standards Australia New Zealand Act 1991 (the Act) provides that the functions of Food Standards Australia New Zealand (FSANZ) 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 Act specifies that FSANZ 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 P1004 to develop food regulatory measures for seed sprouts. FSANZ considered Proposal P1004 in accordance with Division 2 of Part 3 and approved Standard 4.2.6. FSANZ notified the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) of the approval.

 

Following consideration by Ministerial Council, section 92 of the Act stipulates that FSANZ must publish a notice about the draft standard or draft variation of a standard.

 

Section 94 of the 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 section 42 and Part 6 of the Legislative Instruments Act 2003 do not apply to the standard or variation.

 

2. Purpose and Operation

 

FSANZ approved variations to Standard 4.1.1 to minimise potential food safety risks and to reduce the incidence of foodborne illness from the consumption of seed sprouts.

 

Seed sprouts contaminated by pathogenic microorganisms present an unacceptable health risk to consumers. In recent years, outbreaks of foodborne illness have been associated with the consumption of seed sprouts both in Australia and overseas.

 

The food regulatory measures in Standard 4.1.1, along with existing measures in the Code, address the public health and safety problem identified with seed sprouts in the most cost effective manner.

 

3. Documents incorporated by reference

 

The 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 Act, the FSANZ consideration of Proposal P1004 included two public consultation periods, following 1st Assessment and 2nd Assessment. The 1st Assessment Report for P1004 was released for public comment in July 2009 for a consultation period of 7 weeks. The 2nd Assessment Report for P1004 was released for public comment in September 2010 for a consultation period of 6 weeks.

FSANZ has had regard to all submissions.

 

A Standard Development Committee (SDC) was established with representatives from the industry sector, the relevant State and Territory government agencies and consumer organisations to provide ongoing advice to FSANZ throughout the standard development process. The SDC contributed a broad spectrum of knowledge and expertise covering industry, government, research and consumers

 

A Regulation Impact Statement (RIS) was prepared and is available on the FSANZ website. The RIS complies with the Council of Australian Governments (COAG) endorsed Best Practice Regulation: A Guide for Ministerial Councils and National Standard Setting Bodies, released in October 2007 (OBPR ID10351).

 

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 97 of the FSANZ Act.

 

6. Variations

 

Item 1.1 amends the current definition of ‘inputs’ to include recycled water and make it clear that recycled water is an input into primary production and processing activities.

 

Item 1.2 inserts definitions of ‘food safety management statement’ and ‘general food safety management requirements’ to ensure their consistent meaning throughout Chapter 4 of the Code.

 

Item 1.3 inserts new provisions for when an animal or food is unacceptable (clause 3) as well as general food safety management requirements (Division 2).

 

Clause 3 specifies that an animal or food is unacceptable if they are ‘unsuitable’ or ‘unsafe’ as defined in clause 2 of 3.1.1. Clause 3 also specifies that an animal or food is unacceptable if it is in a condition, or contains a substance or an organism, that a reasonable person would regard as making the food or food derived from that animal unfit for human consumption. For example, seed sprouts would be unacceptable if they contain pathogenic organisms. In addition, seed sprouts would also be unacceptable if they were affected by mould. These clause 3 requirements must be considered along with any specific requirements in other standards of the Code. These other standards may include additional matters that relate to when an animal or food is unacceptable and this is made clear in the clause.

 

Division 2 deals with general food safety management requirements and generally specifies these requirements for application throughout Chapter 4. Clause 4 requires a business or person to have a food safety management statement and operate in accordance with it. The clause also requires a person or business to undertake further activities, including identifying potential hazards, implementing control measures to address them and verifying the effectiveness of the control measures.

 

Clause 5 of Division 2 sets out the elements that must be developed and incorporated into a food safety management statement by a business or person. This statement becomes the vehicle whereby the business or person demonstrates compliance with the Chapter 4 requirements of the Code.

 


Businesses with existing approved food safety arrangements (for example, HACCP-based food safety programs, Standard 3.2.1, AQIS-approved arrangements) would be considered to meet the outcomes of a food safety management statement. However, the relevant authority will need to verify that the existing food safety arrangement meets the requirements of this Division.

 

Some of the standards in Chapter 4 of the Code also contain definitions of ‘food safety management statement’. These existing definitions will be progressively removed as the current standards are reviewed.

 

 

Overview

The Food Standards Australia New Zealand Act 1991 (the Act) was enacted to provide a framework for the development and implementation of food standards by Food Standards Australia New Zealand (FSANZ). The Act addresses the problem of ensuring food safety and public health by enabling FSANZ to create and update food regulatory measures, including standards, to mitigate food safety risks. The policy objective of this legislation is to safeguard the health of consumers by establishing and enforcing food standards that minimise the risk of foodborne illness and contamination. In the context of seed sprouts, FSANZ developed food regulatory measures to address the specific health risks associated with their consumption, as highlighted by recent outbreaks of foodborne illness linked to contaminated sprouts both in Australia and internationally. The Act empowers FSANZ to consult with various stakeholders, including industry representatives, government agencies, and consumer organisations, to ensure that the standards are comprehensive and effective. The variations introduced under the Act aim to enhance the clarity and consistency of definitions and provisions related to food safety management, particularly focusing on the unacceptable conditions of food products like seed sprouts. By amending the definition of 'inputs' to include recycled water, and by clarifying the meanings of 'food safety management statement' and 'general food safety management requirements', the Act seeks to strengthen the overall food safety framework. These measures are designed to ensure that food businesses operate under stringent safety protocols, thereby reducing the incidence of foodborne illnesses and protecting public health.

Scope and Application

The Food Standards (Proposal P1004 – Production & Processing Standard for Seed Sprouts – Consequential) Variation applies to entities involved in the production and processing of seed sprouts within Australia and New Zealand, as governed by the Food Standards Australia New Zealand Act 1991. This Act empowers Food Standards Australia New Zealand (FSANZ) to develop and vary standards included in the Australia New Zealand Food Standards Code to ensure food safety and public health. The variation is intended to address the risks associated with pathogenic microorganisms in seed sprouts, which have been linked to foodborne illness outbreaks. The geographic reach of this legislation is national, encompassing both Australia and New Zealand, as FSANZ operates under a bilateral agreement between the two countries. The variation does not apply to any specific exclusions or exemptions, but rather sets out new requirements for seed sprout production and processing to mitigate food safety risks. The variation extends the application of existing food safety standards by incorporating new definitions and provisions that align with the broader objectives of the Food Standards Code.

Key Provisions

The Food Standards (Proposal P1004 – Production & Processing Standard for Seed Sprouts – Consequential) Variation Act (F2012L00027) is an amendment to the Australia New Zealand Food Standards Code (the Code) as developed and proposed by Food Standards Australia New Zealand (FSANZ) under section 13 of the Food Standards Australia New Zealand Act 1991. This Act seeks to update Standard 4.2.6, focusing on the production and processing of seed sprouts to reduce food safety risks and the incidence of foodborne illnesses associated with their consumption. The variations introduced by this Act include amendments to the definition of 'inputs' to encompass recycled water, and the addition of definitions for 'food safety management statement' and 'general food safety management requirements'. These amendments aim to provide clearer guidelines and consistent definitions throughout Chapter 4 of the Code, ensuring that all stakeholders understand and comply with the necessary food safety measures. Under this Act, businesses and individuals involved in the production and processing of seed sprouts are required to adhere to the updated food safety standards and management requirements. Specifically, they must ensure that their operations comply with the general food safety management requirements outlined in Division 2 of the Code. This includes developing and maintaining a food safety management statement, identifying potential hazards, implementing control measures, and verifying the effectiveness of these measures. Additionally, the Act stipulates that any seed sprouts found to be unsuitable or unsafe, as defined in clause 2 of 3.1.1, are unacceptable for consumption. This includes sprouts that are contaminated with pathogenic organisms or mould, or any other condition that would make them unfit for human consumption. Failure to comply with the provisions of this Act may result in significant consequences. Although specific penalties are not outlined in the explanatory statement, non-compliance with food safety standards can typically lead to enforcement actions by relevant authorities, including fines, legal action, and potential closure of the business. Furthermore, repeated or severe breaches could result in criminal charges and penalties under broader food safety legislation, which may include substantial fines and imprisonment for directors or responsible individuals. The Act also imposes a duty on relevant authorities to verify that businesses with existing approved food safety arrangements, such as HACCP-based programs or AQIS-approved arrangements, meet the new requirements of the food safety management statement. This verification process is essential to ensure that all businesses are operating within the updated standards, thereby safeguarding public health and preventing foodborne illnesses. In summary, the Food Standards (Proposal P1004 – Production & Processing Standard for Seed Sprouts – Consequential) Variation Act imposes stringent food safety requirements on businesses and individuals involved in the production and processing of seed sprouts. Compliance with these requirements is crucial to mitigate the risk of foodborne illnesses, and failure to adhere to the provisions of this Act may result in serious legal and financial repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.