Third Meeting
Melbourne
25-26 September 2002
SUMMARY OF KEY OUTCOMES
Food Standards Matters
Proposal P154 - Royal Jelly
On 30 August 2002, the Food Regulation Ministerial Council requested a review of a draft variation to Standard 1.2.3 (Volume 2) of the Food Standards Code as notified to the Council on 1 July 2002 in relation to Proposal P154 - Royal Jelly. In particular, the Council requested a review of the change in legibility requirement that permits the warning statement on foods comprising or containing royal jelly to be in Sentence case or UPPER CASE, from the previous requirement to be only in upper case and the deletion of the requirement for foods containing bee pollen to be labelled with a warning statement.
In response to the request, the Board has reviewed its decision and decided that the draft variations to the Code be amended. The Board has agreed to the First Review Report and the proposed draft variations to theFood Standards Codeand the Board' s decision will now be notified to Ministers.
Application A461- Maximum residue limits
The Board considered the Final Assessment Report for Application A461 - Maximum Residue Limits (MRLs) amending MRLs for agricultural and veterinary chemicals in foods. The Board agreed to the Final Assessment Report and the proposed draft variations to the Food Standards Code and the Board's decision will now be notified to Ministers.
Application A445 - Ethylene oxide
The Board considered the Final Assessment Report for an Application which was treated as a matter of urgency under section 37 of the ANZFA Act. On 13 September 2001, the Ministerial Council agreed to a variation to theFood Standards Codeto extend the uses of ethylene oxide as a processing aid until 30 September 2003 at a maximum residue limit of 20 mg/kg and to include dried vegetable seasonings at the same levels. The Ministerial Council also decided that no stock-in-trade provisions should apply to this standard. The Ministerial Council determined that the limit would only apply to Australia as New Zealand regulates ethylene oxide under its own legislation. On 24 May 2002, the Ministerial Council reaffirmed its support for its previous decision: that the use of ethylene oxide be phased out by 1 October 2003 without a provision for stock- in- trade.
Overall, the Board considers that the public health benefits of reduced microbial contamination, combined with the high transition costs for industry and consumers of immediately seeking alternatives to ethylene oxide treated herbs and spices, would outweigh the public health costs of permitting residues of ethylene oxide in food for a limited time.
On this basis, the Board considered that the expiry date of 30 September 2003 for the existing limit for ethylene oxide residues in herbs and spices should be retained in order to allow industry to develop alternative sources with the aid of the working group to oversee the phase-out of ethylene oxide. The Board agreed to the Final Assessment Report and the proposed draft variations to the Food Standards Code and the Board's decision will now be notified to Ministers.
Proposal P238 - BSE
The Board considered a 'Pre-Final' Assessment Report in relation to Proposal P238 - BSE. To require bovine meat and bovine-derived food ingredients to be derived from animals free from BSE to ensure continued protection of public health. The Board agreed to the 'Pre-Final' Assessment Report which will be released in the near future for public consultation, prior to further consideration by the Board.
Proposal P239 - Listeria Risk Assessment and Risk Management Strategy
The Board considered the Draft Assessment Report for a Proposal which reviews the appropriateness of the microbiological limits for Listeria monocytogenesin some foods, including cooked crustacea and ready-to-eat processed finfish (such as cold smoked salmon) in protecting public health, while providing minimum effective regulation.
The Board agreed to the Draft Assessment Report which will be released in the near future for public consultation, prior to further consideration by the Board.
Application A438 - Gamma cyclodextrin as a novel food ingredient / food additive
The Board considered the Draft Assessment Report for an Application which seeks permission for the use of Gamma cyclodextrin as a novel food ingredient / food additive. Gamma cyclodextrin is considered a novel food ingredient because it is a non-traditional food for which there is insufficient knowledge in the broad community to ensure safe use in the form in which it is presented. The Board agreed to the Draft Assessment Report which will be released in the near future for public consultation, prior to further consideration by the Board.
Application A466 - Food enzyme transglucosidase
The Board considered the Draft Assessment Report for an Application which seeks permission for the use of an enzyme transglucosidase sourced from Aspergillus nigeras a processing aid. Approval will allow manufacturers to use the enzyme, in particular to produce isomalto-oligosaccharides sugar syrups, which can be used as a food ingredient by other food manufacturers in a range of products. The Board agreed to the Draft Assessment Report which will be released in the near future for public consultation, prior to further consideration by the Board.
Transitional Issues
The Board considered several Proposals which have been prepared to deal with omissions and anomalies which have come to light in relation to the Australia New Zealand Food Standards Code which will become the sole Code in Australia and New Zealand on 20 December 2002. The Board considered that the issues raised by the Proposals to be of minor significance or do not significantly adversely affect the interests of any person or body and therefore only one round of public consultation need occur. Those Proposals are:
Proposal P269 - Transitional Standard for caffeine in artificial drinks (New Zealand only) ;
Proposal P269 - Exempting Home Brew Kits from nutrition information labelling;
Proposal P268 - Anomaly with the transitional standard for milk ; and
The Board agreed to the Draft Assessment Reports which will be released in the near future for public consultation, prior to further consideration by the Board.
Application A432 - Mandatory declaration of MSG by restaurants and food outlets
The Board considered an Application to make it mandatory for MSG to be declared on menus or on prominently displayed signs when it is added to foods or food ingredients by restaurants and other food outlets. The Board rejected the Application based on a number of reasons outlined in the Draft Assessment Report, which has been approved by the Board. This decision will not affect the provisions in the Code for packaged foods where the addition of MSG to foods is required to be declared. Also, in the case of foods purchased in restaurants and other food outlets, consumers will still have the option of asking if the food contains added MSG.
The Board believes that an education campaign aimed at both the food industry/food service sector and consumers should be developed, consisting of fact sheets outlining information about MSG, how to identify foods containing MSG and also providing advice to consumers if they suspect they may be sensitive to MSG. For the food service sector, the fact sheets could give similar information but could also provide information that might assist them in providing accurate advice to consumers. This approach is of net benefit to all affected parties and consumers will have access to more information about MSG and how best to deal with any suspected sensitivity. Restaurants and food outlets will potentially be better informed about the needs and concerns of consumers and in a better position to respond to their requests for information about MSG.
Proposal P257 - Review of Kava
The Board considered the Initial Assessment Report for a Proposal which seeks a complete review of Standard 2.6.3 - Kava. The management of kava in Australia has undergone many changes in the last 15 years. This is largely due to the difficulty in finding a regulatory balance for a product that has both a history of safe use (when used traditionally) and well documented pharmacological activity.
The original purpose of incorporating provisions for kava within the Food Standards Code, was to provide a mechanism that effectively controlled its use and reduced the unregulated black-market of kava import and sales. It was not intended to prevent its use. The Standard operates in Australia in conjunction with a management strategy (the National Code of Kava Management), that involves the Australian Customs Service, the Therapeutics Goods Administration as well as State and Territory Health Departments. The Board agreed to the Initial Assessment Report which will be released in the near future for public consultation, prior to further consideration by the Board.
Application A446 - Insect-protected and glufosinate ammonium-tolerant corn Line 1507
The Board considered and agreed to an extension of time for the consideration of Application A 446 - Insect-protected and glufosinate ammonium-tolerant corn Line 1507. The Initial Assessment for A446 was completed in September 2001, and subsequently advertised for public comment. The Application is currently at Draft Assessment pending completion of a scientific safety assessment. A formal 'stop clock' was deemed necessary in June 2002 to seek responses from the Applicant on a range of important technical matters that had arisen from evaluation of the data. Due to the comprehensive nature of the additional information sought, an interruption to the statutory timeframe was imposed for a period of twelve weeks and, with the additional time allocated for the transition from ANZFA to FSANZ, the Application was due to be completed by 1 November 2002. The Application will now be have to be completed by 10 July 2003.
Status of Application A411 - Pasteurisation of orange juice
Following the ANZFA Board's agreement to the Final Assessment Report, a recommendation was sent to Ministers out-of-session in January 2002. A number of issues arose during Ministers' consideration of the Application, and Ministers recommended the return of the Application to ANZFA (now FSANZ) for further consideration of the technic al issues raised by State and Territory Health Authorities. A working group, including Departmental officials, has suggested a means of resolving these issues by recommending the development of a non-mandatory code of practice to guide juice producers on how to comply with their legal obligation to produce safe food and the group has also recommended that the code of practice should be developed by industry with input from government. The Board will consider this issue further at its next meeting.
Standard Development Committee for Seafood
The Board considered membership of the Standard Development Committee (SDC) for Seafood, nominations for which had been recently called in the national press. Those candidates appointed by the Board will be notified of the decision in writing and asked to confirm their acceptance of their position on the SDC for seafood. Successful nominees will also be informed of the date, time and location of the first meeting of the SDC, timed for 21 October 2002, together with the terms of reference under which the committee will operate. The Board also agreed that there should be a specific position on the SDC for a member with public health expertise. The Board also formed a sub-committee to oversee the development of primary production and processing standards generally.
Other matters
Community Forum
A community forum was held in association with the Board meeting, which was held in Melbourne. About forty people from a wide range of backgrounds including community and public health bodies, industry and academia attended the forum. A number of issues were raised with the Board and senior FSANZ staff, including food safety, risk and safety assessments, risk communication, labelling issues, implementation of the Australia New Zealand Food Standards Code and FSANZ's new responsibilities relating to the development of primary production and processing standards.
Consumer Consultation
The primary role of FSANZ is to develop food standards to meet objectives such as the protection of public health and safety and the provision of information to enable informed choice amongst consumers. Ensuring public confidence in the food supply is obviously of critical importance. A key element of the legislated approach to setting food standards, and therefore the work of FSANZ, is a consultation process designed to enable openness and transparency to all members of the community including government agencies, industry, public health professional bodies and consumers.
The Board endorsed a proposed action plan for the development of a consumer consultation strategy involving the development of stronger relationships with consumer organisations, a consumer 'round table' in early 2003 and further discussions with the New Zealand Food Safety Authority concerning co-operative work in this area.
Regulatory Principles for Addition of Vitamins and Minerals to Foods
The Board considered a paper and FSANZ staff gave a presentation which clarified and elaborated on proposed regulatory principles for the addition of vitamins and minerals to foods. These principles provide a basis for future decision making by FSANZ in relation to relevant applications and proposals, until such time as the policy on this matter is developed by the Food Regulation Standing Committee, agreed by the Australia and New Zealand Food Regulation Council and notified to FSANZ. The principles were agreed to by the Board and will be provided to the Standing Committee to assist its deliberations on fortification.
Enhancement of linkages with Research / Academic Organisations
The Board was updated on activities undertaken by FSANZ to enhance research linkages and influence research directions over the past several years and to identify key areas for future focus with a view to improving access to information to underpin FSANZ's risk and evidence-based decision-making process. FSANZ now has ongoing interactions with a range of research and academic institutions including through the FSANZ Fellows Program, participation in teaching activities by FSANZ staff, collaborative projects and general discussions on emerging issues/directions that inform the development of research strategies and directions within research and academic organisations.
The institutions and researchers with which FSANZ interacts also derive benefits from the closer relationship including a greater depth and breadth of knowledge of food regulatory activities, which in turn facilitate teaching, through incorporating up to date knowledge of regulation into course work. FSANZ is also able to suggest potential research activities through the identification of knowledge gaps and emerging issues. FSANZ often plays a useful role in bringing researchers and industry, or other stakeholders together, to address issues of mutual interest. It is also apparent that, in some cases, an alliance with an important government agency is used to enhance funding prospects, both in terms of prestige and access to the most up to date information relevant to food regulation. A number of institutions/researchers are keen to access resources within FSANZ, such as the knowledge and expertise of the staff to conduct collaborative projects and to gain access to information, methodologies and/or tools held within FSANZ.
Update on the work of FRSC and FSANZ on Health and Nutrition Claims
The Board was updated on the status of work being undertaken by the Food Regulation Standing Committee to develop a policy framework for health and nutrition claims and its impact on the status of the reviews of health, nutrition and related claims undertaken by FSANZ.
When that work is completed, the Standing Committee will provide policy advice to Ministers in relation to health and nutrition claims. Ministers will also then be asked to give consideration to a recommendation from ANZFA (now FSANZ) on health and related claims, which was submitted to the former Australia New Zealand Food Standards Council in June 2001.
Equivalence Guidelines
The Board considered a progress report on the development of guidelines for the judgement of equivalence by FSANZ. The draft guidelines for equivalence determination were released for public consultation in May 2002 with comments sought from stakeholders, particularly on the clarity, feasibility and completeness of the draft guidelines. Public comment generally supported the draft guidelines but, as a result of the consultation, FSANZ will delay finalisation until the Codex document currently being developed by the Codex Committee on Food Import and Export Inspection and Certification on the judgement of equivalence of Sanitary and Phytosanitary Measures is further developed, given the relevance of the Codex document to the FSANZ guidelines. It is expected that the Codex document will be finalised by the end of 2002.
Scientific Risk Assessment Framework Report
The Board considered a paper on a recently commenced project that considers the scientific risk assessment processes conducted by FSANZ with a view to preparation of a public document. The last comprehensive publication on scientific risk assessment released by FSANZ [then ANZFA] was in 1996 viz the Framework for assessment and management of food-related health risks. FSANZ already has a number of guideline documents on approaches to assessing the risk posed by specific hazards or potential hazards e.g. additives, foods produced using gene technology, novel foods, microbial risks (in development).
The new document being developed is seen as an over-arching explanation of FSANZ's philosophy, broad frameworks and approach.
The project aims to increase understanding and transparency of the principles and approaches underpinning FSANZ's conduct of risk assessments / analyses, provide context and guiding documentation for more detailed (and more technical) supporting documentation e.g. technical guidelines and procedural papers, rationalise the range of documents already developed or under development by FSANZ that abut the risk analysis processes and identify 'gaps' and anticipate future needs.
Future Management Strategies for primary production standards
The Board considered the proposed approach to management of FSANZ's new responsibilities for the development of primary production and processing standards, and possible priorities for standards development.
FSANZ Fellows Symposium
A FSANZ Fellows symposium will be held on Friday, 6 December 2002 in Canberra. The symposium will provide an opportunity to bring together the expertise of the FSANZ Fellows, FSANZ Board, staff and invited guests to explore one or more topics relevant to FSANZ's work. The proposed theme for the second symposium will be Assessing the Safety of Our Food Supply - Successes and Challenge. The Symposium is intended to focus on FSANZ's risk and safety assessment processes and to highlight emerging trends which will impact on FSANZ's approach.
Indigenous consultation
FSANZ is seeking to identify ways to initiate and develop effective relationships and dialogue with Aboriginal and Torres Strait Islander people and to this end, the Board was advised of the outcomes of a third indigenous workshop held in Melbourne to highlight some of the issues facing urban indigenous communities in relation to food and food regulation. This was attended by a small number of Melbourne-based people with expertise and experience in indigenous health issues, as well as members of the FSANZ Board and senior FSANZ staff. Previous workshops held in Darwin and Alice Springs were much better attended and highlighted the food-related issues of living in remote and rural environments. Outcomes from the workshop will be released in the near future.
In relation to Maori, the Board was advised of plans by the Maori Reference Group (MRG) to host three consultation hui to be held in New Zealand (most likely Wellington, Auckland and Christchurch) from 12-14 November 2002. The main objective of the hui is to increase understanding amongst the Maori community on issues such as the role of FSANZ as a bi-national agency, the process for developing and consulting on food standards, the significance of FSANZ for Maori and the role of the MRG and the appointment of MRG members. This will form a basis on which to further engage Maori in the development of food standards.