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.
The Authority prepared Proposal P1016 to consider the risks posed by cyanogenic glycosides in plant-based foods. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft variation to Standard 1.4.4.
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 has approved draft variations to Standard 1.4.4 to impose a prohibition on the retail sale of raw apricot kernels and to restrict the use of raw apricot kernels as an ingredient. This is due to the identified risk to public health and safety of raw apricot kernels as a food for sale.
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 P1016 included one round of public consultation following an assessment and the preparation of a draft variation and associated report.
Submissions were called for on 16 December 2014 for an eight-week consultation period.
A Regulation Impact Statement was required because the proposed variations to Standard 1.4.4 were likely to have an 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 [1.1] inserts new clause 3 into Standard 1.4.4 – Prohibited And Restricted Plants And Fungi.
Subclause 3(1) prohibits the retail sale of raw apricots kernels.
Subclause 3(2) prohibits raw apricot kernels being used as an ingredient in food unless the kernels have been or will be subject to processing or treatment that renders them safe for human consumption. The exemption applies in relation to kernels that processing or treatment renders safe before or after the kernels’ use or addition to a food as an ingredient.
Subclause 3(3) states that nothing in clause 3 prevents apricots containing raw apricot kernels from being added to food or offered for sale as a food.
Subclause 3(4) states that clause 3 does not affect the operation of Standard 1.4.1.
Subclause 3(5) provides a definition of the term ‘raw apricot kernels’ for the purposes of clause 3.
Subclause 3(6) states that the stock-in-trade exemption provided by subclause 1(2) of Standard 1.1.1 will not apply in relation to the amendments.
Item [1.2] updates the Table of Provisions to reflect the insertion of the new clause.
[1] convening as the Australia and New Zealand Food Regulation Ministerial Council