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Ministerial Council Review of FSANZ Approvals

The FSANZ Board has responsibility under the Food Standards Australia New Zealand Act 1991 to develop and review amendments to the Australia New Zealand Food Standards Code (the Code)  and notify its decisions to members of the Australia and New Zealand Food Regulation Ministerial Council. Each of the 10 jurisdictions has only one vote, exercised by the lead Minister, usually the Health Minister, and normally after consultation with other interested Ministers within the jurisdiction. Other Ministers, with portfolio responsibility in areas such as agriculture, industry or consumer affairs, are able to participate.

For decisions relating to applications received and proposals prepared from 1 October 2007, within 60 days after the notification of an approval of a draft variation to the Code by the FSANZ Board, by majority decision, the Ministerial Council can either request the FSANZ Board to review its decision, or advise that it does not seek a review. If a review is requested, FSANZ must complete the review within three months, or a longer period if specified by the Ministerial Council. In its Review request, the Ministerial Council must comply with the Food Regulation Agreement and the Treaty. After reviewing its decision, the FSANZ Board can either re-affirm its original decision, re-affirm its decision subject to amendment, or reject its original decision. That decision is then notified to the Ministerial Council.  The Ministerial Council must, within 60 days, accept, amend, or reject the draft variation. 

For decisions relating to applications received and proposals prepared prior to 1 October 2007, within 60 days after the notification of an approval of a draft variation to the Code by the FSANZ Board, the Ministerial Council (at the request of one or more jurisdictions) can either request the FSANZ Board to review the draft amendment, or advise that it does not seek a review. If a review is requested, FSANZ must complete the review within three months, or a longer period if specified by the Ministerial Council.  In its review request, the Ministerial Council must comply with the Food Regulation Agreement and the Treaty.  After reviewing its decision, the FSANZ Board can either re-affirm its original decision, re-affirm its decision subject to amendment, or reject its original decision. That decision is then notified to the Ministerial Council. The Ministerial Council must, within 60 days, either request a 2nd Review of the Board’s decision or advise that it does not seek a Review. In its Review request, the Ministerial Council must comply with the Food Regulation Agreement and the Treaty. FSANZ must complete the review within three months, or a longer period if specified by the Ministerial Council.

After reviewing its decision, the FSANZ Board can either re-affirm decision made after the 1st Review, re-affirm its decision subject to amendment, or reject its original decision. That decision is then notified to the Ministerial Council. The Ministerial Council must, within 60 days, accept, amend, or reject the draft variation. 

Gazettal of amendments to the Code occurs throughout the year as the Ministerial Council advises that FSANZ does not need to review its decision on amendments, or, if after a Review by FSANZ, the Ministerial Council accepts or amends a draft variation. Each Gazette is sequentially numbered and includes all amendments to the Code since the last such gazette.