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 P1048 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 variation with amendments.
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 formatting and cross referencing 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 References in the Code also become superseded as the documents they refer to are updated.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 approved draft variation does not incorporate any documents by reference not already incorporated into the current Code. It updates the following existing references in the Code (see sections 6.3 and 6.4 below):
- Generally Recognised as Safe (GRAS) lists of flavouring substances published by the Flavour and Extract Manufacturers’ Association of the United States;
- International Organization for Standardization (ISO) Standard 16140-2;
- Australian Standard 4696:2002 -- Hygienic Production and Transportation of Meat and Meat Products for Human Consumption;
- Combined Compendium of Food Additive Specifications, FAO JECFA Monographs 1 (2005), Food and Agriculture Organisation of the United Nations, Rome;
- United States Pharmacopeial Convention (2016) Food chemicals codex. 10th ed, United States Pharmacopeial Convention, Rockville, MD; and
- International Oenological Codex (2017), Organisation Internationale de la Vigne et du Vin (OIV).
4. Consultation
In accordance with the procedure in Division 2 of Part 3 of the FSANZ Act, the Authority’s consideration of Proposal P1048 included one round of consultation following an assessment and the preparation of draft variations to a number of Standards and an associated assessment summary. Submissions were called for on 15 May 2018 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. Variations
6.1 Correcting minor errors and omissions
Items [1], [3] to [7], [11], [19] to [23], [23A], [26] and [27] of the Schedule to the approved draft variation include amendments to correct minor errors and omissions to format, text and punctuation, as well to improve the clarity of some text.
6.2 Updating references
Items [12] to [15], [24] and [25] of the Schedule to the approved draft variation include amendments to correct cross references.
6.3 Updating material from Australian Standards
Items [9] and [10A] of the Schedule update references to an Australian Standard.
6.4 Updating material from international sources
Items [2], [8] and [16] to [18] of the Schedule update references to international publications.
Overview
The Australia New Zealand Food Standards Code Variation (Food Additives and Related Substances) Instrument 2018, enacted under the Food Standards Australia New Zealand Act 1991, addresses the need for periodic corrections and updates in the Australia New Zealand Food Standards Code. This legislation was introduced to rectify minor typographical errors, formatting issues, and outdated references within the Code, thereby ensuring its continued accuracy and relevance. The enacting body, Food Standards Australia New Zealand (FSANZ), prepared Proposal P1048 to address these issues and followed the stipulated procedure under the FSANZ Act, including a round of consultation. The policy objective of the Act is to maintain a high standard of food safety and quality by ensuring the Code remains up-to-date and free from errors.
Scope and Application
The legislation F2018L01594 pertains to the Food Standards Australia New Zealand Act 1991 (FSANZ Act) and involves the amendment of the Australia New Zealand Food Standards Code (Code) through the development of standards and variations by Food Standards Australia New Zealand (the Authority). This Act applies to the Authority, the food industry, and consumers across Australia and New Zealand, as it relates to the regulation of food standards and ensures that the Code remains current, accurate, and effectively enforceable. The legislation's scope includes the correction of typographical and grammatical errors, updating of references, and improvements to formatting and clarity within the Code. There are no exclusions, exemptions, or thresholds specified in this particular Act; however, the impact of the variation is considered minor, thereby exempting it from the need for a Regulation Impact Statement. The Authority's consideration of the proposal included a consultation process as mandated by the FSANZ Act, with submissions sought over a four-week period. Additionally, the Act notes that the variation, being a legislative instrument, is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003.
Key Provisions
The operative sections of this legislation pertain to the approval and publication of a draft variation to the Australia New Zealand Food Standards Code, following the Authority's consideration of Proposal P1048 under Division 2 of Part 3 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) (sections 13 and 92). The Authority has approved a draft variation to correct minor typographical and grammatical errors, formatting and cross-referencing issues, and to update superseded references within the Code (section 6). This draft variation is now subject to publication in accordance with section 92 of the FSANZ Act, and once published, it will become a legislative instrument under section 94 of the FSANZ Act (sections 92 and 94).
The obligations imposed on the parties or entities governed by this Act include the Authority's duty to develop standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code, prepare proposals for their development or variation, and consult with relevant stakeholders (section 13). The Authority must also ensure that the Code is kept up-to-date and accurate by correcting any errors and updating references as necessary (section 6). Additionally, the Authority is required to publish a notice about the standard or draft variation of a standard in accordance with section 92 of the FSANZ Act (section 92).
Any breaches of the requirements outlined in this legislation may result in civil or criminal consequences, depending on the nature and severity of the breach. However, the Explanatory Statement does not provide specific details on the penalties or consequences for non-compliance. It is important to note that the draft variation, once published, will become a legislative instrument and will not be subject to parliamentary disallowance or sunsetting under the Legislation Act 2003 (section 94). This means that the Authority's approved draft variation is legally binding and must be adhered to by the parties or entities it governs.
In summary, the main provisions of this legislation involve the Authority's approval and publication of a draft variation to the Australia New Zealand Food Standards Code, correcting minor errors, updating references, and ensuring the Code remains accurate and up-to-date. The obligations imposed on the governed parties or entities include the development and maintenance of standards, consultation with stakeholders, and adherence to the approved draft variation once published. While the Explanatory Statement does not provide specific details on the penalties or consequences for non-compliance, it is essential for the governed parties or entities to abide by the legally binding draft variation to avoid any potential civil or criminal consequences.