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. This Division also stipulates the procedure for considering a proposal for the development or variation of food regulatory measures.
FSANZ prepared Proposal P1023 to: set a new commencement date for consequential variations related to the commencement of Standard 2.9.5 – Food for Special Medical Purposes; and amend Transitional Standard 1.1A.6 – Transitional Standard for Special Purposes Foods (Including Amino Acid Modified Foods) so that is ceases to apply to food for special medical purposes sold in New Zealand when Standard 2.9.5 commences.
The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft variation to implement the above.
2. Purpose and operation
The Authority has approved a draft variation to set a new commencement date for the consequential variations related to Standard 2.9.5. A separate legislative instrument was required for this purpose, that is, varying a variation.
This new date reflects the Authority’s separate approval of a draft variation to commence Standard 2.9.5 on the date of gazettal of Food Standards (Proposal 1023 – Tutin, Tocopherols & Food for Special Medical Purposes Standards Amendments) Variation,
The Authority also approved a draft variation to amend Transitional Standard 1.1A.6, (which applies to New Zealand only, not Australia) so that it ceases to have effect for FSMP sold in New Zealand once Standard 2.9.5 commences. FSMP sold in New Zealand will then be regulated by Standard 2.9.5 including the transitional arrangements in that Standard. The draft variation clarifies that other special purpose foods in New Zealand (including products formulated and represented for the management of overweight and obesity) will continue to be regulated under Standard 1.1A.6 until 2 years after any alternative provisions are made for such foods in the Code.
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 P1023 has included one round of public consultation following an assessment and preparation of a draft Standard and associated report. Submissions were called for on 2 October 2012 for a four-week consultation period.
A Regulation Impact Statement was not required because the proposed variations were administrative in nature and unlikely to have a negative 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 Variations
Item [1] of the Schedule amends the commencement date of the original consequential amendments required when Standard 2.9.5 was prepared. These consequential amendments to Standards 1.1.1, 1.2.1, 1.3.1 and 1.3.4 were to come into effect when Standard 2.9.5 commenced on 28 June 2014. They will now come into effect on the earlier commencement date i.e. on the date of gazettal for the Food Standards (Proposal 1023 – Tutin, Tocopherols & Food for Special Medical Purposes Standards Amendments) Variation.
Item [2] of the Schedule replaces Item 2 of the Schedule of the Food Standards (Proposal P242 – Food for Special Medical Purposes – Consequential) Variation to provide that Transitional Standard 1.1A.6 ceases to apply to FSMP on the date of gazettal for the Food Standards (Proposal 1023 – Tutin, Tocopherols & Food for Special Medical Purposes Standards Amendments) Variation. That date is the date on which Standard 2.9.5 commences. Other special purpose foods in New Zealand (including products formulated and represented for the management of overweight and obesity) will continue to be regulated under Standard 1.1A.6 until 2 years after any alternative provisions are made for such foods in the Code.
6.2 Commencement
Clause 2 of the amending instrument provides that it commences on the date of its gazettal.