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-SECOND MEETING
Wellington, New Zealand
26-28 February 2002
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 to amend the Food Standards Code. The Council 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. 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 full entry into force 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 |
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 Final Assessment Report for 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-THC Cannabis.
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 and informed the Standing Committee of Attorneys-General. The proposed draft variations to the Food Standards Code will now be recommended to Ministers for adoption.
Proposal P93 - Review of Infant Formula
The Board considered the Supplementary Final Assessment Report for infant formula, the review of which has been the subject of extensive public consultation. The proposed draft Standard offers considerable benefits over existing regulations for infant formula and is therefore of benefit to formula-fed infants. The proposed draft Standard will now be recommended to Ministers for adoption.
Proposal P238 - BSE - Risk Assessment paper for public comment
The Board considered the draft risk assessment relating to P238 on BSE. ANZFA' s BSE Expert Group, whose membership includes international experts, has contributed to the risk assessment. The National Health and Medical Research Council Special Expert Committee on Transmissible Spongiform Encephalopathies has also endorsed the first draft of the document. ANZFA and the Board, in association with partner agencies, continue to actively monitor developments overseas and will take whatever steps are necessary to prevent BSE from entering Australia. The risk assessment will be released in the near future for public comment.
The Board considered the Final Assessment Report for 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 proposed draft variations to the Food Standards Code will now be recommended to Ministers for adoption.
Maximum residue limits (MRLs)
The Board considered the Final Assessment Reports for a number of Applications and a Proposal amending MRLs for agricultural and veterinary chemicals in foods. These were A422 - Antibiotic MRLs , A447 - MRLs , A440 - Antibiotic MRLs , A450 - MRLs, A451 - MRLs and P241 - Anomalies . The proposed draft variations to the Food Standards Code for new, amended and deleted MRLs will now be recommended to Ministers for adoption.
The Board also considered the Initial / Draft Assessment Reports for Applications A455 - Nov/Dec/Jan MRLs and A460 - Antibiotic MRLs and Proposal P261 - Miscellaneous MRLs to be of minor significance and complexity and only one round of public consultation need occur.
The Initial / Draft Assessment Reports for these Applications and Proposal will be released in the near future for public consultation on the proposed variations to the Code before final consideration by the Board.
Application A435 - Triacylglycerol lipase
The Board considered the Final Assessment Report for an Application which is seeking approval for a new genetically modified source of the enzyme triacylglycerol lipase for use as a processing aid in the food industry. The proposed draft variations to the Food Standards Code will now be recommended to Ministers for adoption.
Omnibus amendments to the Joint Code
Two Proposals have been formulated by ANZFA to correct a number of typographical inconsistencies, misspellings, grammatical errors and deletions in Volume 2 of the Food Standards Code ( Proposal P245 - Minor omnibus amendments and P254 - New amendments omnibus ). The Board considered the Final Assessment Report for the minor omnibus amendments and the proposed draft variations to the Food Standards Code will now be recommended to Ministers for adoption.
In relation to the new amendments omnibus, the Board considered the Initial / Draft Assessment Report and believes the changes proposed to be of minor significance and complexity. The Draft Assessment Report will therefore be released in the near future for public consultation on the proposed draft variations to the Code 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 Report for a Proposal 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 the Food 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 Initial Assessment Report seeking comment on the processing requirements for uncooked comminuted fermented meats will be released in the near future for public consultation, prior to further consideration by the Board.
Proposal P234 - Review of Criteria and conditions for making nutrient claims
The Board considered the Draft Assessment Report for a Proposal which examines the specific criteria for nutrition content and related claims. The Draft Assessment Report will be released in the near future for public consultation on the proposed variations to the Code before a Final Assessment by the Board.
Proposal P250 - Development of a co-regulatory management system for health, nutrient content and related claims
The Board considered the Initial Assessment Report for a Proposal which covers the regulatory management of both health and nutrition content and related claims. Release of the Report for public comment before further Board consideration will be delayed until after Ministers consider their policy position on health claims in May 2002.
Proposal P255 - Folate / neural tube defect health claim - Extension of time frame
The Board considered the Initial / Draft Assessment Report for a Proposal which proposes to extend the temporary provision allowing the folate/NTD health claim which is due to expire in August 2002. As the public health advice to increase folate intake to reduce the risk of NTDs is still valid, the Board was supportive of extending the timeframe for the health claim until 13 February 2004, by which time it is expected that a decision will have been taken on the proposed draft health claims Standard. The Board believed that, as the folate pilot had already been the subject of extensive consultation and the issues involved were of minor significance and complexity, only one round of public consultation need occur. Accordingly, the Initial / Draft Assessment Report will be released in the near future for public consultation on the proposed variations to the Code before final consideration by the Board.
Revised clause 8 of Draft Health Claims Standard
The Board agreed to a revised clause 8 of the draft Health Claims Standard which is currently under consideration by Ministers (Proposal P153 - Health claims ). Clause 8 deals with health claims which had particular approval or endorsement by an organisation and Ministers had agreed to ANZFA re-examining the clause before further consideration of the draft Health Claims Standard by Ministers. The amended draft clause will be forwarded to Ministers in the near future for inclusion in the draft Health Claims Standard.
Other matters
Meeting with Maori Reference Group
The Board met formally with ANZFA's Maori Reference Group which has been established to provide advice to ANZFA on Maori culture and community participation in relation to food standards development and related issues. The Group reported on its progress to date and highlighted issues requiring further consideration in order to ensure effective Maori input into standards development. The Group will revise a proposed consultation framework for presentation to the Board for endorsement later in the year.
The proposed framework is developing an agreed set of process to facilitate participation by Maori in the development of food regulatory measures by ANZFA.
Food-type dietary supplements
The Board considered a number of issues relating to food-type dietary supplements as part if the continuing trans Tasman harmonisation of food regulations. The Board will consider an Initial Assessment Report on dietary supplements at its next meeting. Release of the Report will coincide with the release of a public consultation document on the proposed arrangements for the regulation of therapeutic goods on a joint basis by Australia and New Zealand.
Imported foods - Surveillance and testing of risk and non-risk foods
ANZFA staff have been reviewing the current list of risk foods which forms the basis of the Australian Quarantine and Inspection Service' s (AQIS' s) categories for inspection of imported foods. ANZFA has the capacity to advise AQIS on imported products which pose an unacceptable risk to public health and safety. Commodities which are on the risk list include soy and oyster sauces (chloropropanols), pistachios (aflatoxin), raw milk cheeses (ListeriaandSalmonella) and beef and beef products (must be sourced from cattle that are BSE-free). The list was last reviewed in 1997. The Board agreed to a revised list which is available from ANZFA or AQIS.
In addition to amending the list for risk category of imported foods, the Board also endorsed a new broad approach for the inspection and prioritisation of the remaining two categories for surveillance and inspection of imported foods by AQIS - random and active, into one category of non-risk or ' general surveillance'. Random and active surveillance generally involves inspection at a much lower rate than the risk category. Foods in this category are checked for their compliance with the Food Standards Code.
Food Handling Benchmark Report and Qualitative Consumer Report
The Board noted the recent final research reports on food handling practices, the National Food Handling Benchmark and a Qualitative Consumer Survey on Labelling, which provide baseline data for the purposes of future evaluation. All have been undertaken as part of ANZFA' s Evaluation Strategy. The Board has agreed in-principle to follow-up surveys on labelling issues for consumers in 2002-03 and food handling practices in 2004.
Draft Guidelines for the assessment of equivalence of food safety outcomes
The Board endorsed draft guidelines for determining the equivalence of food safety measures. The draft guidelines set the general principles and methodology for equivalence determination. The principle of equivalence in food safety is based on the recognition that the same level of food safety can be achieved by using alternative measures. The objective of assessing the equivalence of food safety measures is to determine if these measures, when applied to a specified food, achieve the same level of food safety outcome as that achieved when the same type of food is produced using the standard/traditional measures.
As food regulations become less prescriptive, equivalence determination becomes a useful tool to ensure the health and safety of consumers without hindering innovation in the food industry. The draft guidelines will now be released for targeted consultation in the near future. Agencies identified for the targeted consultation include Australian and New Zealand Governments, as well as selected members of scientific and research institutions and industry.
Food Safety Standards - Recent developments
The Board considered progress with the implementation of the Food Safety Standards. Some of the Food Safety Standards became mandatory in February 2001 and States and Territories are progressing the implementation of them in conjunction with changes in their food laws. Standard 3.2.1 - Food Safety Programs, has been nationally agreed upon, but only on a voluntary basis until the Commonwealth' s studies on costs and benefits and information on the incidence of food-borne illness are finalised and discussed further by Ministers.
Draft Protocols for Primary Production Standards
As part of the new food regulatory arrangements, it is anticipated that the development of domestic primary production and processing standards will become part of the responsibility of Food Standards Australia New Zealand (which replaces ANZFA). The Board endorsed a draft model protocol for the development of Primary Production and Processing Standards.
Novel foods - decision-making process
The Board discussed a number of issues relating to the current decision-making process for identifying ' novelty' of food under Standards A19 and 1.5.1 in the Food Standards Code. Novel foods represent a broad range of foods or food ingredients which can include macro-components such as fat and carbohydrate replacements, extracts of plants or microorganisms, such as phytosterols, single ingredient foods such as hemp, or viable microorganisms, such as probiotics. The common determinant for novel foods is that they are non-traditional foods for which there is insufficient knowledge in the broad community to ensure safe use in the form or context in which they are presented. These foods are currently required to undergo a pre-market safety assessment before entry into the food supply. While the Code provides specific direction regarding regulations, there are still numerous instances where interpretation of the wording of the Standards can be ambiguous and therefore compliance is open to dispute. The Board will discuss the issue further at its next meeting.
Draft Budget for 2002-03
The Board endorsed a draft Budget for the organisation for 2002-03.
Future of the Australian Total Diet Survey
The Board has endorsed a proposal to re-structure the Australian Total Diet Survey from its current two year format into a rolling program of annually agreed discrete surveys to determine dietary exposure to specific substances in selected foods. The scope of the Australian Total Diet Survey will be broadened to include the assessment of dietary exposure to a range of compounds that have not previously been included in the Australian Total Diet Survey.
Kava
The Board discussed issues surrounding kava and the current regulation of its use. A review of the kava standard by ANZFA will commence later this year.
Wine Production Standard
A discussion was held on the provisions in Volume 1 of the Food Standards Code for wine made in Australia that underpin a 1994 treaty between Australia and the European Union (EU) (Agreement between the EC and Australia on trade in wine). These provisions ensure that all wine made in Australia (i.e. wine for export as well as for domestic consumption) is recognised by the EU as being wine of designated quality and origin. This single wine standard results in easier access for Australian-made wines into the European market because the EU recognises that all wine made in Australia must comply with the one standard, whether for export or not.
During the Review of the Code prior to the end of 2000, ANZFA determined that some of the provisions that underpinned Australia's Agreement with the EU were inappropriate in a joint Australia / New Zealand wine standard. The Board will consider at its next meeting a number of options for a wine production standard to be released for public comment. Any future standard on wine production is expected to be an ' Australia only ' standard.
Risk management framework for labelling decisions
The Board agreed to a draft concept paper proposing a risk management framework for labelling decisions. 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.
Briefing by Chair of DISC
Chair of the Development and Implementation Sub-Committee (DISC), Mr Craig Sahlin, gave a presentation to the Board on the role of DISC. When the new Board of Food Standards Australia New Zealand commences mid-year under the new arrangements, the Chair of DISC will continue to be an observer on the Board.
Industry information on consumer issues
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 an additional 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 it has been decided that ANZFA will establish specific data requests for discussion with companies which made data available. Measures are being taken to protect the commercial confidentiality of all data being supplied on an in-confidence basis.