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 P1020 to permit the use of ethyl lauroyl arginate (ELA) as a preservative food additive for sausage and sausage meat containing raw, unprocessed meat. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft variation to the Standards.
Following consideration by the COAG Legislative and Governance 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 and operation
The Authority has approved the use of ELA as a preservative food additive to treat sausage and sausage meat containing raw, unprocessed meat. Currently, the permission to treat the food category 8.3 – Processed comminuted meat, poultry and game products with ELA does not include the subcategory sausage and sausage meat containing raw, unprocessed meat.
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 P1020 has included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 24 April 2012 for a three-week consultation period.
A Regulation Impact Statement was not required because the proposed variation to Standard 1.3.1 is 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
The variation amends Schedule 1 of Standard 1.3.1 to allow the preservative food additive ELA to be added to sausage and sausage meat containing raw, unprocessed meat. The maximum level of ELA that can be added to this food type subcategory is 315 mg/km. This is the same maximum permitted level of ELA as for the main category of processed comminuted meat, poultry and game products.
[1] Previously known as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Act 1991, as amended, governs the functions and responsibilities of Food Standards Australia New Zealand (FSANZ) in developing and varying standards for the Australia New Zealand Food Standards Code. The Act was enacted to ensure food safety and public health protection by establishing a robust framework for food regulation. One of its primary purposes is to enable the FSANZ to propose and implement food regulatory measures, including standards, in a structured and transparent manner. The Act was introduced to address the need for a cohesive and scientifically based approach to food regulation across Australia and New Zealand, ensuring consumer protection and harmonising standards between the two countries.
Proposal P1020, prepared by FSANZ, seeks to amend the existing standards to allow the use of ethyl lauroyl arginate (ELA) as a preservative in sausage and sausage meat containing raw, unprocessed meat, a subcategory currently not permitted to use ELA. This amendment aims to align the treatment of this specific food subcategory with the broader category of processed comminuted meat, poultry, and game products, thereby ensuring consistent application and safety standards. The proposal has undergone rigorous consultation and assessment by FSANZ, culminating in the approval of a draft variation to Standard 1.3.1. The legislative instrument, which is exempt from parliamentary disallowance, reflects the policy objective of enhancing food safety and regulatory coherence.
Scope and Application
The Food Standards Australia New Zealand Act 1991 provides the legislative framework for Food Standards Australia New Zealand (FSANZ) to develop and vary food standards, ensuring they are consistent, up-to-date, and based on the best available scientific evidence. In this context, FSANZ has approved a draft variation to Standard 1.3.1 of the Australia New Zealand Food Standards Code, allowing the use of ethyl lauroyl arginate (ELA) as a preservative food additive for sausage and sausage meat containing raw, unprocessed meat. This variation responds to Proposal P1020 and has undergone a public consultation process, which did not necessitate a Regulation Impact Statement due to the anticipated minor impact on business and individuals. The variation is a legislative instrument under section 94 of the FSANZ Act, exempt from parliamentary disallowance or sunsetting. It is applicable across Australia and New Zealand, aligning with the jurisdiction of FSANZ as the central regulatory body for food standards in both countries. This variation specifically addresses the subcategory of processed comminuted meat, poultry, and game products by setting a maximum level of 315 mg/km for ELA, consistent with the broader category. The variation does not incorporate any documents by reference, and the implementation will be overseen by FSANZ in accordance with the legislative procedures outlined in the FSANZ Act.
Key Provisions
The primary operative sections of this legislation are sections 92 and 94 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). Section 92 requires the Authority to publish a notice about the standard or draft variation of a standard (section 92), while section 94 specifies that such standards or variations are legislative instruments, but they are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 (section 94). The legislative instrument in question is Proposal P1020, which was prepared by FSANZ to permit the use of ethyl lauroyl arginate (ELA) as a preservative food additive for sausage and sausage meat containing raw, unprocessed meat.
The Authority has a series of obligations and requirements under this legislation. Firstly, it must follow the procedure outlined in Division 2 of Part 3 of the FSANZ Act to consider a proposal for the development or variation of food regulatory measures (Division 2 of Part 3). This includes conducting one round of public consultation, as was done for Proposal P1020 (Explanatory Statement 4). The Authority must also ensure that any variation to food regulatory measures, such as the addition of ELA to sausage and sausage meat containing raw, unprocessed meat, does not incorporate any documents by reference (Explanatory Statement 3). Additionally, the Authority must publish a notice about the standard or draft variation of a standard once it has been approved (section 92 of the FSANZ Act).
There are no explicit offences, penalties, or civil/criminal consequences for breach stated within the explanatory statement or the FSANZ Act in relation to this legislative instrument. However, the Authority is responsible for ensuring that the proposed variations comply with the Food Standards Code and that any breach of these standards could result in legal action being taken against the non-compliant party. The Authority’s approval of the use of ELA as a preservative food additive is subject to the maximum permitted level of 315 mg/km for sausage and sausage meat containing raw, unprocessed meat, which is the same as the main category of processed comminuted meat, poultry and game products (Explanatory Statement 6). Any breach of this limit could lead to enforcement action by relevant authorities.