This Summary of Key Outcomes is not an official record of the decisions of the ANZFA Board and does not provide full details of those decisions. The Minutes of each meeting of the ANZFA Board are the official record of the decisions made by ANZFA Board at that meeting and no reliance should be placed on this Summary of Key Outcomes.
SEVENTY-FIRST MEETING
Canberra
28-29 November 2001
Draft SUMMARY OF KEY OUTCOMES
Recommendations relating to Food Standards matters
The ANZFA Board has responsibility under the Australia New Zealand Food Authority Act 1991 to consider standards matters and make recommendations to members of the Australia New Zealand Food Standards Council (which is composed of Health Ministers from the Commonwealth, States, Territories and New Zealand, as Lead Ministers, as well as a number of other participating Ministers nominated by each jurisdiction, under the Food Standards Agreement signed in November 2000) to amend the Food Standards Code. The Ministers consider the recommendations from the Board and decisions are determined by majority vote, before the Code can be amended. Ministers can reject the recommendation if they so wish, or amend it, or return the recommendation to the Board for reconsideration.
NOTE: Prior to the proclamation of the 2001 ANZFA Act amendments, the present Act continues to operate. However, for the purposes of a transition to the new arrangements, a practice has been developed to use particular terms contained in the amending legislation. A list of the new terminology with the corresponding counterparts from the current Act is provided:
For Applications
New Terminology | Old Terminology |
Initial Assessment | Preliminary Assessment - section 13 |
Draft Assessment | Full Assessment - section 15 |
Final Assessment | Inquiry - section 17 |
For Proposals
Initial Assessment | Proposal prepared - section 21 |
Draft Assessment | Full Assessment - section 23 |
Final Assessment | Inquiry - section 24 |
Application A360 - Use of Hemp as a Novel Food
The Board considered the Draft Assessment of an Application which seeks permission for the use of industrial hemp seed and industrial hemp seed oil as a food. Industrial hemp seed is a source of both unsaturated and other essential fatty acids. Foods currently made overseas with industrial hemp include health bars, salad oils, breads and biscuits. Plants belonging to the Cannabis genus are currently prohibited under Australian and New Zealand laws relating to unlawful recreational drug use. Industrial hemp, while a Cannabis species, contains very low levels of the pharmacologically active substance delta 9-tetrahydrocannabinol (THC) which produces the psychotropic effects of high-THCCannabis. Foods containing derivatives of the low -THC industrial hemp do not produce any psychotropic effects.
Given the implications on laws in other areas, prior to this consideration by the Board, ANZFA consulted with the Ministerial Council on Drug Strategy as well as the secretariat of the Standing Committee Attorneys - is being released for a round of public consultation before further consideration by the Board.
Application A428 - DHA-rich Dried Marine Micro-algae (Schizochytriumsp.) and DHA-rich Oil derived from Schizochytrium sp. as Novel Food Ingredients
The Board considered the Draft Assessment of an Application which seeks permission for the use of the dried micro-algae Schizochytrium sp. and its DHA-rich oil as a food. DHA is an omega-3 long chain fatty acid which may have an important role in cardiovascular health and a beneficial effect on the human immune system. The Draft Assessment supporting the Application will be released in the near future for a further round of public consultation before further consideration by the Board.
Proposal P252 - Transitional Arrangements for Repeal of Volume 1 of theFood Standards Code
On 24 November 2000, Health Ministers had adopted the Australia New Zealand Food Standards Code (Joint Code) which will become the sole repository of food standards in Australia and New Zealand from approximately 20 December 2002 after a two-year ' transition period' . This Proposal is a technical mechanism necessary to conclude the transitional period. The Board considers the changes proposed to be of minor significance and complexity and the Draft Assessment will be released in the near future for a round of public consultation before a Final Assessment by the Board.
Proposal P240 - Labelling Statements in Reduced Fat and Condensed Milks
The Board considered the Draft Assessment of P240 which reviews the labelling statements on reduced fat and condensed milks. Public consultation indicated there was a divided public view on whether advisory or warning statements were needed on milk and condensed milk with a fat content below 2.5% and ANZFA convened an Expert Advisory Group to provide expert opinion on this matter. The Draft Assessment supporting the Proposal for advisory statements in relation to the feeding of reduced fat and condensed milk to children under two will be released in the near future for public consultation before further consideration by the Board.
Maximum Residue Limits (MRLs)
The Board considered the Draft Assessments of a number of Applications amending MRLs for agricultural and veterinary chemicals in foods. These were A405 , A431 , A439 , A442 , A448 , A447 , A440 - Antibiotic MRLs , A450 and A451 . In addition, the Board also considered a Draft Assessment of Proposal P241 which corrects a number of errors, omissions and anomalies in the MRL Standards in the Food Standards Code (Standards A14 and 1.4.2).
The Board considered the above Applications and Proposal to be of minor significance and complexity and only one round of public consultation need occur.
In the case of the first five Applications, this consultation has already occurred and the proposed draft variations to the Food Standards Code for new, amended and deleted MRLs will now be recommended to Ministers for adoption. The Draft Assessments of the remaining Applications and Proposal will be released in the near future for public consultation before a Final Assessment by the Board.
Omnibus amendments to the Joint Code
Two Proposals have been formulated to address the interpretation and application of certain provisions in a number of labelling standards (Proposal P246 - Major Omnibus Amendments ) as well as correcting a number of typographical inconsistencies, misspellings, grammatical errors and deletions (Proposal P245 - Minor omnibus Amendments ). The Board considers the changes proposed to be of minor significance and complexity and the Draft Assessments for both Proposals will be released in the near future for public consultation before a Final Assessment by the Board.
GM Commodities
The Board considered the Draft Assessment of Application A416 - Glyphosate-tolerant corn which seeks permission for a genetically modified corn for use as a food. Under the new GM labelling requirements which commence on 7 December 2001, some foods derived from this GM corn may need to be labelled, depending on the particular food in question. For example, corn oil is unlikely to contain novel DNA or protein and may be exempt from labelling, whereas corn meal would be required to be labelled due to the presence of protein. The Draft Assessment supporting the Application will be released in the near future for public consultation before a Final Assessment by the Board.
Proposal P251 - Review of Processing Requirements for Uncooked Comminuted Fermented Meat Products
The Board considered the Initial Assessment of P251 which reviews the processing requirements for uncooked comminuted fermented meat products such as salami. This Proposal has arisen in response to an MLA (Meat and Livestock Australia Limited) funded study which found that the current processing requirements were unnecessarily restrictive in order to achieve the specific microbiological outcome as defined in theFood Standards Code. The study also found that a substantial rate of non-compliance with the processing requirement exists within the industry.
The study recommended a review of the current requirements to examine whether a less restrictive regulatory measure that ensures public health and safety, but also facilitates compliance could be developed. The draft Initial Assessment seeking comment on the processing requirements for uncooked comminuted fermented meats will be considered by the Board in early 2002, before being publicly released.
Abandonment of Proposals
The following Proposals have been abandoned by the Board:
- P231 - Very Small Business Exemption for Percentage Labelling ;
- P233 - Expanded Nutrition Information Panel ; and
- P244 - Folate Health Claim Pilot - List of Approved Products .
P231 and P233 have been abandoned as a result of decisions made by Health Ministers not to proceed with the matters under consideration by both Proposals. P244 was examining the removal of a number of food products no longer on the market from the list of products permitted to carry a folate health claim. As the presence of foods in the table which are no longer for sale has no effect on the operation of the Food Standards Code, the Board has decided to abandon the Proposal.
Proposal P246 - Listeria Risk Assessment and Risk Management Strategy
The Board considered a number of issues which have arisen during the Draft Assessment of this Proposal. the Board originally proposed to undertake a quantitative risk assessment of Listeria in specific ready-to-eat finfish and cooked crustacea, and subsequently develop a risk management strategy to enable a review of the current requirements in Standard 1.6.1 - Microbiological Limits for Foods, during the transition period for the Joint Code. This approach would also facilitate a broader review of strategies for managing Listeria contamination in seafood. It has become apparent that the timeframe required in undertaking the quantitative risk assessment will be longer than originally anticipated, largely due to the complexities of establishing the modelling program which is being adapted from the model developed by the US. The Board has therefore agreed to divide the project into two phases and will consider the Final Assessment of P246 in mid-2002.
Proposal P234- Review of Nutrient Content and Other Related Claims
The Board was updated on progress with the consideration of P234 and the outcomes of the first round of public consultation. The Board will consider the Draft Assessment of P234 in early 2002.
Other matters
User guide for Standard 1.2.8
The need to develop user guides to assist in the interpretation and application of the Joint Code was raised during the development of many of the joint standards. The Board has agreed to thirteen user guides to date which have now been finalised and are currently available on the ANZFA website. The Board endorsed the User Guide to Standard 1.2.8 - Nutrition Information Requirements. The draft guide was recently amended to reflect the recent gazetted amendments to Standard 1.2.8 to permit the calculation of carbohydrate either ' by difference' or as ' available carbohydrate' as well as including additional information on ANZFA' s Nutrition Panel Calculator which has recently been released.
Approach to the regulation of the addition of caffeine to food
In order to progress an application on caffeine in soft drinks and to deal with future issues regarding caffeine, the Board agreed to draft documents setting out the principles which underpinned the Board advise and the ANZFSC decision earlier in 2001 on a new standard for formulated caffeinated beverages. It is proposed that these form the basis for future regulatory decisions regarding caffeine. The principles will now be forwarded to the Australia New Zealand Food Standards Council for consideration as a policy guideline.
Establishment of an optimal MRL-setting process
The Board was updated on progress with the development of an optimal process for the setting of maximum residue limits (MRLs) for agricultural and veterinary chemicals. A Commonwealth Inter-Agency Committee (IAC) has been established to examine the current MRL-setting process in Australia, and to make recommendations for change.
Guidelines for the Microbiological Examination of Ready-to-eat Foods
The Board considered draft Guidelines for the Microbiological Examination of Ready-to-eat Foods which have been developed in association with New Zealand and Australian States and Territories in association with an expert group of microbiologists. The document will be available on the ANZFA website in the near future, as well as being promoted though ANZFA' s publications Food Surveillance Australia New Zealand and Food Standards News. The Board will review the guidelines in mid-2002 to ensure the microbiological level proposed and the terminology used are appropriate after widespread public use.
Use of antibiotic resistance marker genes in GM food crops
Members of the Australia New Zealand Food Standards Council have discussed the use of antibiotic resistance marker genes in GM foods on several occasions, particularly as part of their consideration of genetically modified commodities. At the most recent Ministerial Council meeting, ANZFA undertook to provide background documents to Ministers and their officials to advise on this matter and respond to the issues raised at the Council meetings. ANZFA advised the Ministers that, although there were unlikely to be any human health and safety concerns with the use of antibiotic resistance marker genes, there is strong consumer perception that use of antibiotic resistance marker genes is not safe. ANZFA also advised Ministers that there were some initiatives internationally to phase-out antibiotic resistance marker genes at the research and development stage where there were safe alternatives. The Board agreed to the background advice which will now be provided to the Council for its consideration.
Meeting with Chief Executive - Australian Consumers' Association
The Board met with the Chief Executive of the Australian Consumers' Association, Ms Louise Sylvan, to discuss issues of interest including ANZFA' s consultation arrangements in standards development and ANZFA' s decision-making processes.
Skills Review
The Board considered progress with the review of skills within ANZFA. It is anticipated that the work will be finalised by the end of June 2002. The outcomes of the audit will be used to influence and better target the development of individual training and development plans, provide strategic input to in-house training delivery and revise and customise recruitment activities. The Board will further consider the matter at its next meeting.
Bi national surveillance and enforcement strategy
The Board was updated on progress with the achievements and proposed future activities of the Bi-National Surveillance and Enforcement Strategy and provided with a copy of the first edition of Food Surveillance Australia New Zealand which is available on the ANZFA website.
National competition policy review of the Food Standards Code
The Board considered a report of the review of Volume 1 of the Food Standards Code against National Competition Policy Principles as required under the National Competition Policy Agreement. The project was overseen by a steering committee of Commonwealth officials. Overall, the Review Committee found that the regulation of food provided benefits to consumers and the community in terms of maintaining a safe food supply. While regulations did restrict competition and impose costs on industry and government, overall regulation of the food supply, in principle, was warranted. It recommends that the principle of minimum effective regulation continue to be followed in developing food standards.
The final NCP review report will be forwarded to the incoming Health Minister for consideration in due course. The Minister is required, if she accepts the report, to inform the Parliament within a defined period.
Labelling decisions
The Board considered a draft concept paper proposing a risk management framework for labelling decisions. When finalised, it is intended that the paper be used to facilitate consistent and sound decision-making in relation to labelling matters. It is expected that the framework document will be used by ANZFA s Nutrition and Labelling Program when considering applications and proposals which seek to vary or develop labelling standards and the ANZFA Board when considering recommendations on regulatory and non regulatory options in assessments of applications and proposals.
Further, when developing education initiatives, the framework document will provide a food labelling rationale which can be communicated to stakeholders in fact sheets, user guides, journal articles and other similar materials.
Public Health Professionals (PHP) outcomes
As part of ANZFA' s strategy to improve consultations with key stakeholder groups, regular forums have been held with key representatives from public health professional groups and senior ANZFA staff.
The primary focus of the fora has been to enable dialogue on key issues currently on the agenda of ANZFA. The Board considered the outcomes of a New Zealand PHP Forum held on 14 September 2001 in Wellington
Draft ANZFA Evaluation Strategy
The Board considered a draft ANZFA Evaluation Strategy which has been developed by ANZFA' s Monitoring and Evaluation Program that summarises the proposed approach to evaluation of the impact of new food regulatory measures on key stakeholders and identifies specific evaluation activities to be undertaken by ANZFA as part of the overall strategy. This position paper has been developed in consultation with the Data and Evaluation Steering Committee with advice from the stakeholder Advisory Group on Evaluation and also incorporates comments received from the Board at its previous meetings. The Strategy will now be released for a short period of public consultation.
Strategic Planning
The Board held a Planning Day in association with its last meeting to identify key strategic priorities (within the framework of the three-year ANZFA Corporate Plan) for implementation in 2002-3. Subsequent to this, those findings were further developed by a group of senior managers across all ANZFA Programs and some further issues and strategies developed which were grouped and prioritised for Board consideration at this meeting. The areas covered included relationships with stakeholders, community confidence and consultation, the ANZFA decision-making process, international influence and involvement and the new regulatory arrangements / structure.
The Board endorsed those key issues and strategies which will now underlie activities to be undertaken by the organisation in 2002-2003 and form the basis of Program plans and budgets.
Process Streamlining
The Board was updated on progress with the improvement of processes for the assessment of applications and proposals including major changes to document structures and improved arrangements for community involvement in ANZFA' s activities. Greater emphasis will be given to the cost/benefit analysis as part of ANZFA' s regulation impact assessment of standards development and the maintenance and enhancement of ANZFA' s scientific credibility. In addition, the public will see particular changes to assessment process terminology (as mentioned on page 1) and a simpler report structure which guides readers through the decision-making process.
Industry / Academia data on consumer views
The Board had requested at a previous meeting that work be undertaken to approach key food companies and academic organisations to determine whether information gathered from research or consumer hotlines could be accessed to provide a perspective on consumer views on issues related to food standards. A strategy was developed to approach key food companies, both retail and manufacturing, as well as consumer and academic organisations, to identify what information may be made available to ANZFA. The Board was updated on progress with this issue and will discuss the matter further at its next meeting.