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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. The Ministerial 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 Inter-Governmental Food Regulation Agreement signed in November 2002 and the Australia New Zealand Joint Food Standards Agreement.  

Within 60 days after the notification of an approval of a draft variation to the Code by the FSANZ Board, the Ministerial Council can either request the FSANZ Board to review the draft amendment, or advise that it does not seek a review. FSANZ must complete the review within three months, or a longer period if specified by the Council. After a First Review and a notification of a decision to re-affirm approval of the amendment to the Code by the FSANZ Board, the Ministerial Council can, within 60 days of the notification, either request a second review of the draft amendment or advise that it does not seek a Second Review. FSANZ must complete the review within three months, or a longer period if specified by the Ministerial Council.

After the Second Review by the FSANZ Board and a notification of a decision to re-affirm approval of the amendment to the Code by the FSANZ Board, the Ministerial Council can, within 60 days, accept, amend, or reject the draft variation. In relation to the reasons for a request for a review, the Ministerial Council is limited to reasons and criteria specified in the November 2000 Agreement.

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 Second 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.