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 P1035 – Gluten Claims about Foods containing Alcohol to amend Standard 1.2.7 – Nutrition, Health and Related Claims to permit nutrition content claims about gluten in relation to food containing more than 1.15% alcohol by volume. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft variation of Standards 1.2.7 and 1.2.8.
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 a draft variation to Standard 1.2.7 to permit nutrition content claims about gluten in relation to food containing more than 1.15% alcohol by volume.
The Authority has also approved a draft variation to Standard 1.2.8 to provide an exemption from the requirement to provide nutrition information if a nutrition content claim about gluten content, using the descriptor ‘free’ or a similar descriptor, is made in relation to an alcoholic beverage standardised in Standards 2.7.2 to 2.7.5 or a beverage containing no less than 0.5% alcohol by volume.
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 P1035 included one round of public consultation following an assessment and the preparation of a draft Standard and associated report. Submissions were called for on 14 November 2014 for a six-week consultation period.
Targeted consultation was also carried out with key stakeholders regarding an exemption from the requirement to declare a nutrition information panel if a gluten claim is made about a beverage containing alcohol.
A Regulation Impact Statement was not required because the proposed variations to Standards 1.2.7 and 1.2.8 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] amends paragraph 3(b) of Standard 1.2.7 by inserting a reference to gluten content in the paragraph. The effect of the amendment is to permit nutrition content claims about gluten content to be made in relation to a food that contains more than 1.15% alcohol by volume.
Any nutrition content claim made about the gluten content of a food would have to be made in accordance with the conditions specified in clause 11 and Schedule 1 of Standard 1.2.7.
Item [2] amends Standard 1.2.8.
Item [2.1] amends subclause 1(1) to add definitions of the terms ‘prescribed beverage’ and ‘prescribed beverage gluten free claim’.
A ‘prescribed beverage’ is an alcoholic beverage standardised in Standards 2.7.2 to 2.7.5 or a beverage containing no less than 0.5% alcohol by volume. A ‘prescribed beverage gluten free claim’ is a nutrition content claim in relation to the gluten content of a prescribed beverage that uses the descriptor ‘free’ or a synonym of such a descriptor.
Item [2.2] amends paragraph 4(1)(c) to provide that a prescribed beverage gluten free claim is not a claim requiring nutrition information. The effect of the amendment is to exempt prescribed beverages from the requirements for nutrition information when a prescribed beverage gluten free claim is made.
[1] convening as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) provides the legal framework for the development and enforcement of food standards in Australia and New Zealand, managed by Food Standards Australia New Zealand (FSANZ). In addressing the need to update food regulatory measures to reflect current scientific understanding and consumer expectations, the Authority under the FSANZ Act prepared Proposal P1035 to amend Standard 1.2.7 – Nutrition, Health and Related Claims to permit gluten-related nutrition content claims for foods with more than 1.15% alcohol by volume. After thorough consideration and public consultation, the Authority approved a draft variation to Standard 1.2.7 to allow such claims and to Standard 1.2.8 to exempt certain alcoholic beverages from nutrition information requirements if a gluten-free claim is made. These amendments aim to modernise food labelling standards, ensuring they remain relevant and accurate in light of evolving dietary information and consumer needs.
Scope and Application
The legislation, F2015L01383, pertains to the variation of food standards as part of the Australia New Zealand Food Standards Code. It applies to the Food Standards Australia New Zealand Authority, which is responsible for developing food regulatory measures, including standards, under the Food Standards Australia New Zealand Act 1991. This legislation is concerned with the amendment of Standard 1.2.7 – Nutrition, Health and Related Claims, to allow nutrition content claims about gluten in relation to food containing more than 1.15% alcohol by volume, and Standard 1.2.8 to exempt certain beverages from the requirement to provide nutrition information if a gluten claim is made using the descriptor 'free' or a similar descriptor. The geographic reach of this legislation is national, affecting both Australian and New Zealand jurisdictions as it is administered by the Australia New Zealand Food Regulation Ministerial Council. There are no exclusions, exemptions, or thresholds specified in the explanatory statement; however, the variations would need to comply with the conditions specified in clause 11 and Schedule 1 of Standard 1.2.7. The Authority's consideration of the proposal and the public consultation process are detailed, and while a Regulation Impact Statement was not required, submissions were invited for a six-week period, indicating the minimal impact expected on businesses and individuals. The compatibility with human rights is not addressed as this is a non-disallowable instrument under section 94 of the FSANZ Act.
Key Provisions
The key operative sections of this legislation are section 92 and section 94 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), which pertain to the publication of notices about standards or draft variations of standards (section 92) and the status of such standards as legislative instruments (section 94). In this instance, the Authority has approved a draft variation to Standard 1.2.7 to allow for nutrition content claims about gluten in relation to food containing more than 1.15% alcohol by volume, and a draft variation to Standard 1.2.8 to exempt certain beverages from the requirement to provide nutrition information if a gluten claim is made. These variations are to be published as notices under section 92 of the FSANZ Act and will be subject to the approval of the Australia and New Zealand Ministerial Forum on Food Regulation.
The obligations and requirements imposed by this Act on the parties or entities it governs primarily involve the Authority's responsibility to prepare proposals for the development or variation of food regulatory measures, including standards, and to consider these proposals in accordance with Division 2 of Part 3 of the FSANZ Act. The Authority must also consult with the public and key stakeholders as part of this process, although a Regulation Impact Statement was not deemed necessary for these variations due to their likely minor impact on business and individuals. Furthermore, the Authority must publish notices about the draft variations of Standards 1.2.7 and 1.2.8, as stipulated in section 92 of the FSANZ Act.
For breaches of the provisions of this legislation, the FSANZ Act does not explicitly detail specific offences, penalties, or civil/criminal consequences. However, the Authority's compliance with the Act, including the approval of the draft variations to Standards 1.2.7 and 1.2.8, is overseen by the Australia and New Zealand Ministerial Forum on Food Regulation. Non-compliance or failure to adhere to the stipulated procedures could potentially result in legal repercussions, although the exact consequences would depend on the nature and severity of the breach. Additionally, businesses and individuals who do not comply with the new standards and variations could face legal action, fines, or other penalties as determined by the relevant authorities.