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 P1045 to make a range of minor amendments to the Code including the correction of typographical errors, formatting issues, and updating of references. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft Standard.
Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, 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 Legislation Act 2003.
2. Purpose
The Authority has approved the variation because minor typographical and grammatical errors and cross-reference issues are identified in the Code from time-to-time. References in the Code also become superseded as the documents they refer to are updated. This Proposal was prepared to resolve such issues.
3. Documents incorporated by reference
The variations do not incorporate any new documents by reference, although the following existing references are updated (see para 6.2 below):
- Guidelines for Drinking Water Quality, World Health Organisation
- Combined Compendium of Food Additive Specifications, FAO JECFA Monographs.
4. Consultation
In accordance with the procedure in Division 2 of Part 3 of the FSANZ Act, the Authority’s consideration of Proposal P1045 included one round of public consultation following an assessment and the preparation of a draft Standard and associated report. Submissions were called for on 26 April 2017 for a four-week consultation period.
A Regulation Impact Statement was not required because the variation 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
6.1 Correcting minor errors and omissions
Items [1] to [12] and [16] to [19] include amendments to correct minor errors and omissions to text and punctuation, including correction of cross-referencing.
6.2 Updating material from international sources
Items [13] to [15] reflect changes to documents incorporated by reference.
6.3 Omitting material that is no longer required
Item [20] omits an erroneous reference to ‘phytylmenoquinone’.
Overview
The Food Standards Australia New Zealand Act 1991, enacted by the Australian Parliament, establishes the functions and powers of Food Standards Australia New Zealand (FSANZ) to develop and maintain the Australia New Zealand Food Standards Code. The legislative instrument F2017L01142, published under section 92 of the FSANZ Act, addresses the need to correct minor typographical errors, formatting issues, and update references in the Code, ensuring it remains accurate and up-to-date. Following the appropriate procedures under Division 2 of Part 3 of the FSANZ Act, FSANZ conducted one round of public consultation to gather feedback on the proposed changes. The instrument, being a non-disallowable legislative instrument under section 94 of the FSANZ Act, does not require a statement of compatibility with human rights and is not subject to parliamentary disallowance or sunsetting. This legislative instrument aims to maintain the integrity and effectiveness of the food standards by resolving identified minor issues within the Code.
Scope and Application
The proposed legislative instrument under consideration pertains to minor amendments to the Australia New Zealand Food Standards Code, overseen by Food Standards Australia New Zealand (FSANZ), established under the Food Standards Australia New Zealand Act 1991. These amendments are intended to correct typographical errors, update references, and address formatting issues within the Code, which serves as a regulatory framework for food standards across Australia and New Zealand. The proposed changes do not introduce new standards or substantive alterations to existing regulations, but rather focus on maintaining the accuracy and consistency of the legal text. The amendments apply to all entities and individuals subject to the provisions of the Australia New Zealand Food Standards Code, including food manufacturers, importers, and retailers operating within the jurisdictions of Australia and New Zealand. As the Code is a comprehensive regulatory document, the scope of these amendments is broad, affecting a wide range of industries involved in the food supply chain. The legislative instrument is exempt from the need for a statement of compatibility with human rights and is not subject to parliamentary disallowance or sunsetting, as stipulated by the Legislation Act 2003.
Key Provisions
The main operative sections of this legislation, F2017L01142, pertain to the amendments made to the Australia New Zealand Food Standards Code (the Code) as proposed by Proposal P1045. The Authority, Food Standards Australia New Zealand, has drafted these variations to address minor typographical errors, grammatical issues, and outdated references within the Code (section 6.1). Additionally, the proposal updates references to international documents to ensure they reflect the most current versions (section 6.2). The Authority has also removed an erroneous reference to ‘phytylmenoquinone’ from the Code (section 6.3).
The obligations imposed on parties by this Act revolve around the approval and publication of the draft standard by the Authority. According to section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), the Authority must prepare proposals for the development or variation of food regulatory measures. Following this, the Authority is required to consider these proposals in accordance with Division 2 of Part 3 of the FSANZ Act, which includes a process of public consultation. Furthermore, section 92 of the FSANZ Act mandates that the Authority must publish a notice about the standard or draft variation of a standard, ensuring transparency and allowing stakeholders to provide feedback.
In terms of offences and penalties, the Act does not specify criminal penalties for breaches related to these minor amendments. However, the FSANZ Act does provide a framework for regulatory oversight and compliance. Failure to adhere to the updated standards could potentially lead to regulatory action if the amendments impact food safety or labelling requirements. The legislative instrument itself, as noted in section 94 of the FSANZ Act, is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003, meaning that its legal effect is not contingent on parliamentary approval or a sunset clause. This ensures that the updated standards remain in force unless explicitly altered by further legislative action.
Overall, the Act focuses on ensuring the accuracy and relevance of the food standards by correcting minor errors, updating references, and omitting obsolete information. This is achieved through a structured process involving proposal development, public consultation, and publication, all of which are designed to maintain the integrity and effectiveness of the food regulatory framework.