Food Standards (Proposal P1016 – Hydrocyanic Acid in Apricot Kernels & other Foods) Variation

Overview

The Food Standards Australia New Zealand Amendment Instrument 2015 (F2015L01911) was enacted to address the risk posed by cyanogenic glycosides in plant-based foods, particularly raw apricot kernels. This legislative instrument, prepared by Food Standards Australia New Zealand (the Authority), seeks to protect public health and safety by prohibiting the retail sale of raw apricot kernels and restricting their use as an ingredient in food. Enacted under the Food Standards Australia New Zealand Act 1991, the legislative instrument follows a process of assessment, public consultation, and approval by the Australia and New Zealand Ministerial Forum on Food Regulation. The purpose of these variations is to mitigate the health risks associated with raw apricot kernels, ensuring that they do not pose a danger to consumers when used in food products. The Authority's approach includes updating Standard 1.4.4 to explicitly prohibit the sale of raw apricot kernels and to require processing or treatment to ensure safety when they are used as ingredients.

Scope and Application

The Food Standards Australia New Zealand Act 1991 provides for the development and variation of food standards through Food Standards Australia New Zealand (the Authority). Under section 13 of the FSANZ Act, the Authority has prepared a proposal (P1016) to consider the risks posed by cyanogenic glycosides in plant-based foods, leading to a draft variation of Standard 1.4.4. The purpose of this draft variation is to prohibit the retail sale of raw apricot kernels and restrict their use as an ingredient due to the risk to public health and safety. The Authority conducted one round of public consultation as required by the FSANZ Act, including an eight-week period for submissions starting on 16 December 2014, and prepared a Regulation Impact Statement due to the likely impact on businesses and individuals. The draft variation is exempt from the requirements for a statement of compatibility with human rights because it is a non-disallowable instrument under section 94 of the FSANZ Act. The draft variation prohibits the retail sale of raw apricot kernels and restricts their use as an ingredient unless they are processed or treated to render them safe for human consumption. This variation does not incorporate any documents by reference and will not affect the operation of Standard 1.4.1. The Authority's consideration of this proposal was subject to the approval of the Australia and New Zealand Ministerial Forum on Food Regulation, following which the Authority is required to publish a notice about the draft variation under section 92 of the FSANZ Act.

Key Provisions

The primary operative sections of this legislation, as outlined in Item [1.1], introduce a new clause 3 into Standard 1.4.4, which pertains to Prohibited And Restricted Plants And Fungi. Subclause 3(1) explicitly prohibits the retail sale of raw apricot kernels, a measure taken due to the recognised health risks associated with their consumption. Subclause 3(2) imposes a restriction on the use of raw apricot kernels as an ingredient in food products, unless they have undergone processing or treatment that ensures their safety for consumption. This ensures that any use of apricot kernels in food products adheres to safety standards. Subclause 3(3) clarifies that the prohibition does not extend to apricots containing raw apricot kernels being added to food or sold as a food item, provided the kernels themselves are not the primary subject of sale or use as an ingredient. Subclause 3(4) ensures that the new clause does not interfere with the operation of Standard 1.4.1. Subclause 3(5) provides a definition for the term ‘raw apricot kernels’ to ensure clarity and precision in the application of the new clause. Lastly, Subclause 3(6) specifies that the stock-in-trade exemption in subclause 1(2) of Standard 1.1.1 will not apply to these amendments, thereby maintaining the integrity of the new regulatory measures. The obligations and requirements imposed by this legislation are primarily on food businesses and manufacturers. They must ensure that raw apricot kernels are not sold as a retail product and that any food products containing apricot kernels have undergone the necessary processing or treatment to ensure safety. This includes adhering to the definition of ‘raw apricot kernels’ as provided and understanding that the prohibition does not extend to apricots containing these kernels. Businesses must also update their practices and product listings to comply with the new clause, ensuring that any existing stock of raw apricot kernels is either processed appropriately or removed from sale. The legislation does not detail specific offences or penalties for breach, but non-compliance with food standards in Australia is generally subject to enforcement actions under the FSANZ Act and other related food safety laws. Penalties can include fines, enforcement notices, and other corrective actions that can escalate depending on the severity and frequency of non-compliance. In cases of significant public health risk, more stringent enforcement measures may be applied, reflecting the importance of adhering to food safety standards. This legislation, while focused on a specific issue with raw apricot kernels, exemplifies the Authority’s role in maintaining and updating food safety standards in response to identified risks. The public consultation process and the requirement for a Regulation Impact Statement underscore a commitment to transparency and stakeholder engagement, ensuring that regulatory measures are both effective and considerate of industry impact. The clear and precise nature of the new clause ensures that businesses understand their obligations, while the exemptions and definitions provided help to clarify the scope and application of the new standards.