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 tahe 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 P1051 to make a range of minor amendments to the Code. 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
Minor typographical and grammatical errors, 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 References in the Code also become superseded as the documents they refer to are updated. The Authority approved this variation to resolve a number of 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 below):
- United States Code of Federal Regulations;
- Generally Recognised as Safe (GRAS) lists of flavouring substances published by the Flavour and Extract Manufacturers’ Association of the United States;
- Combined Compendium of Food Additive Specifications, FAO JECFA Monographs 1 (2005), Food and Agriculture Organisation of the United Nations, Rome;
- United States Pharmacopeial Convention (2020) Food chemicals codex. 12th ed, United States Pharmacopeial Convention, Rockville, MD;
- United States Pharmacopeial Convention (2020) United States Pharmacopeia (43) and the National Formulary (38), (USP 43-NF 38), United States Pharmacopeial Convention, Rockville, MD; and
- Specifications and Standards for Food Additives, 9th Edition (2018), Ministry of Health and Welfare (Japan).
4. Consultation
In accordance with the procedure in Division 2 of Part 3 of the FSANZ Act, the Authority’s consideration of Proposal P1051 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 3 October 2020 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 [3] to [20], [21], [23], [25] to [28], [31], [36], part of [37], [38] to [51], and [54] 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 [22], [24], [52], [53] and [55] of the Schedule to the approved draft variation include amendments to correct cross-references within the Code.
6.3 Updating material from international sources
Items [1], [2], [29], [30], [32] to [35] and part of [37] of the Schedule update references to international publications.
Overview
The instrument F2021L00684, introduced to amend the Australia New Zealand Food Standards Code, was enacted in 2021. This legislation addresses minor typographical, grammatical, formatting, and cross-referencing issues within the Code and rectifies superseded references. It was introduced by Food Standards Australia New Zealand, as authorised under section 13 of the Food Standards Australia New Zealand Act 1991, which grants the Authority the power to develop and vary standards. The policy objective of this amendment is to enhance the accuracy and clarity of the Code, ensuring it remains current and effectively serves its purpose without introducing any significant impact on business or individuals. The Authority followed the stipulated procedures under the FSANZ Act, including consultation as outlined in Division 2 of Part 3, before approving the draft variation. This approach aligns with the legislative requirement to maintain and update food regulatory measures efficiently.
Scope and Application
The Explanatory Statement for the F2021L00684 instrument outlines the purpose and scope of the proposed variation to the Australia New Zealand Food Standards Code, as prepared by Food Standards Australia New Zealand (the Authority). The Act applies to the Authority, which is responsible for developing standards and variations of standards for inclusion in the Code. The Authority’s consideration of the proposal and subsequent approval of the draft variation follows the procedure specified in Division 2 of Part 3 of the Food Standards Australia New Zealand Act 1991. The geographic reach of this Act is national, applying to both Australia and New Zealand, as indicated by the involvement of the Australia and New Zealand Ministerial Forum on Food Regulation in the consideration process. The variation does not extend or restrict application through subordinate instruments, but it updates existing references in the Code to reflect changes in international publications and corrects minor errors and omissions. This legislative 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.
Key Provisions
The main operative sections of this legislation involve the approval of a draft variation to the Australia New Zealand Food Standards Code (the Code) by Food Standards Australia New Zealand (the Authority), as stipulated in section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act). The Authority considered Proposal P1051, which involves minor amendments to the Code, in accordance with Division 2 of Part 3 of the FSANZ Act and subsequently approved the draft variation. This draft variation addresses typographical and grammatical errors, formatting and cross-referencing issues, and updates references in the Code to international publications. Section 92 of the FSANZ Act mandates that the Authority must publish a notice about the standard or draft variation of a standard, while section 94 stipulates that such standards or variations are legislative instruments that are not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003.
The obligations and requirements imposed by the Act on the parties or entities it governs are primarily centred around the development, variation, and publication of food regulatory measures, including standards. The Authority, under section 13 of the FSANZ Act, must consider proposals for the development or variation of food regulatory measures and follow the procedure outlined in Division 2 of Part 3. The Authority must also consult with relevant stakeholders, as per the procedure in Division 2 of Part 3 of the FSANZ Act, and publish a notice about the standard or draft variation of a standard in accordance with section 92 of the FSANZ Act. The Authority must ensure that any approved draft variation is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003, as per section 94 of the FSANZ Act.
The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the Authority is responsible for ensuring that any approved draft variation complies with the requirements of the FSANZ Act and the Australia New Zealand Food Standards Code. Failure to adhere to these requirements may result in legal challenges or enforcement actions by relevant authorities. The maximum penalties for breaches of the FSANZ Act or the Code are not explicitly stated in this legislation, but they may be found in other relevant legislation or regulations.