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 P1046 to permit the addition to Food for Special Medical Purposes of the acetate form of the single amino acids listed in section S29—20 of the Code.
Proposal P1046 was declared an Urgent Proposal for the purposes of Division 4 of Part 3 of the FSANZ Act.
The Authority considered the Proposal in accordance with sections 96 and 97 of the FSANZ Act and has approved a draft variation.
2. Purpose
The approved draft variation’s purpose is to amend Schedule 3 to set a specification for L‑arginine acetate and to amend Schedule 29 in order to permit the addition to FSMP of L‑arginine acetate.
3. Documents incorporated by reference
The variations to food regulatory measures do not incorporate any documents by reference.
4. Consultation
The Authority considered the Proposal in accordance with the procedure in Division 4 of Part 3 of the FSANZ Act. That consideration included one round of public consultation following an initial consideration and the preparation of a draft variation and associated assessment summary. After that public consultation, the Authority had regard to all submissions received and approved an amended version of the draft variation. The approved draft variation must be reviewed by the Authority within 12 months of its notification in accordance with Subdivision B of Division 4 of Part 3 of the FSANZ Act. Further public consultation is required as a part of that assessment.
A Regulation Impact Statement was not required because the approved draft variation is likely to have only 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] varies Schedule 3.
Item [1.1] varies the table to subsection S3—2(2). The variation amends that table to include in it references to ‘L-arginine acetate’ and to new section S3—38. The effect is that subsection 1.1.1—15(2) of Standard 1.1.1 will require L-arginine acetate, when added to food or sold for use in food, to comply with the specifications listed for L-arginine acetate in the new section.
Item [1.2] inserts new section S3—38 into Schedule 3. New section S3—38 provides the specifications for L-arginine acetate.
Item [2] amends Schedule 29. The item inserts a reference to L-arginine acetate into Column 2 of the table to section S29—20. Paragraph 2.9.5—6(1)(a) of the Code will provide that the effect of this amendment is to permit L-arginine acetate to be added to Food for Special Medical Purposes.