Food Standards Notification Circular
7 May 2010
[11-10]
This Notification Circular includes notices that are required to be given to the public, submitters and appropriate government agencies, under the Food Standards Australia New Zealand Act 1991 (FSANZ Act). All references below to sections of legislation, are to the FSANZ Act unless otherwise indicated.
Further information about the applications, proposals and other matters mentioned below, including assessment reports, processes and – where applicable – reasons for decisions, can be accessed on the FSANZ website at www.foodstandards.gov.au then <Food Standards>, then <Changing the Code>, then either <Documents for Public Comment>or
The Information Officer | The Office Administrator |
Food Standards Australia New Zealand | Food Standards Australia New Zealand |
PO Box 7186 | PO Box 10559 |
CANBERRA BC ACT 2610 | WELLINGTON 6036 |
AUSTRALIA | NEW ZEALAND |
Tel +61 2 6271 2241 Fax +61 2 6271 2278 | Tel +64 4 978 5636 Fax +64 4 473 9855 |
General questions on the work of FSANZ should be directed to the Information Officer at either of the addresses above. Queries concerning the matters in this Circular on assessment or submission processes should be directed to the Standards Management Officer at standards.management@foodstandards.gov.au .
PROGRESS ON APPLICATIONS AND PROPOSALS
Details on Approvals and Ministerial Council notifications from the notice below were published on7 May 2010 in The Australian and The New Zealand Herald newspapers, as well as on the FSANZ website.
General information on progress on all current applications and proposals is available in the FSANZ Food Standards Development Work Plan which is available on the FSANZ website at http://www.foodstandards.gov.au/foodstandards/changingthecode/standardsworkplan.cfm .
NEW APPLICATIONS AND PROPOSALS
(Note that this section is not a call for public comment)
FSANZ has prepared the following Proposal and placed it on the FSANZ Food Standards Development Work Plan:
GENERAL PROCEDURE
- Proposal P1011 – Country of Origin Labelling – Unpackaged Meat Products: to consider extending country of origin labelling requirements to include unpackaged beef, chicken and lamb products [Australia only] [Prepared: 4 May 2010)
- Proposal M1006 – Maximum Residue Limits (October 2009-March 2010) – to amend maximum residue limits for a number of agricultural and veterinary chemicals [19 April 2010] [Australia only]
Information on the above, including an anticipated timetable for assessment and consultation opportunities, is provided in the FSANZ Food Standards Development Work Plan which is available on the FSANZ website at http://www.foodstandards.gov.au/foodstandards/changingthecode/standardsworkplan.cfm . Administrative Assessment Reports can be accessed on the FSANZ website at http://www.foodstandards.gov.au/foodstandards/applications/ or http://www.foodstandards.gov.au/foodstandards/proposals/ . If you wish to be advised of any developments relating to the above, such as calls for public submissions, please contact the Standards Management Officer at standards.management@foodstandards.gov.au .
Please note that the above section is not a call for public comment.
CALL FOR SUBMISSIONS
GENERAL PROCEDURE
Assessment – Proposals [s.61]
FSANZ has assessed and prepared draft food regulatory measures for the following Proposal; will further consider the drafts; and invites written submissions for the purpose of either approving, amending or rejecting the draft food regulatory measures by 6pm (Canberra time) 4 June 2010:
- Proposal M1005 – Maximum Residue Limits (April-September 2009) – to amend maximum residue limits for a number of agricultural and veterinary chemicals [Australia only]
APPROVAL AND COUNCIL NOTIFICATION[s.34, s.64]
After consideration of draft variations for the following Applications, FSANZ decided to approve the draft variations. FSANZ has given the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written notification of these approvals:
- Application A1021 – Food derived from Herbicide-tolerant Maize Line DP-098140-6
- Application A1032 –ß-Galactosidase as a Processing Aid (Enzyme)
- Application A1033 –Maltotetraohydrolase as a Processing Aid (Enzyme)
Once FSANZ has notified the Ministerial Council that it has approved the draft standard or variation, the Ministerial Council has 60 days to either request FSANZ to review the approved standard or inform FSANZ that it does not intend to request a review. Further information on the Ministerial Council process is available on the FSANZ website at http://www.foodstandards.gov.au/foodstandards/changingthecode/ministerialcouncilre1834.cfm .
FINAL ASSESSMENT AND COUNCIL NOTIFICATION – APPLICATIONS AND PROPOSALS – DRAFT STANDARDS[s.19(1), s.20(4A) as was in force prior to 1 July 2007]
(Received or prepared before 1 October 2007)
After making a Final Assessment in relation to draft variation for the following Application, FSANZ decided to approve the draft variations under section 18 of the FSANZ Act. FSANZ has given the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written
notification of this approval:
- Application A603 –Red 3 Erythrosine in Food Colouring Preparations
EFFECT OF DIVISIONS 3 AND 4 OF PART 3 OF THE FSANZ ACT
A standard or variation approved by FSANZ does not become legally enforceable until:
- the Ministerial Council has been notified of the standard or variation; and
- the Ministerial Council process in relation to the standard or variation is finalised; and
- FSANZ has fulfilled the publication requirements under the FSANZ Act.
Once FSANZ has notified the Ministerial Council that it has approved the draft standard or variation, the Ministerial Council has 60 days to either request FSANZ to review the approved standard or inform FSANZ that it does not intend to request a review.
If the Ministerial Council requests a review, FSANZ must, within 3 months (or longer if the Ministerial Council allows), complete the review and notify the Ministerial Council of a decision to either:
- maintain its original approval; or
- to amend its approval; or
- withdraw its approval; and
give the Ministerial Council FSANZ’s reasons for its decision.
If FSANZ has not withdrawn its approval, the Ministerial Council has another 60 days to either request a second review or inform FSANZ that it does not intend to request a second review. If the Ministerial Council requests a second review, the procedures and timeframe are the same as for the first review.
Once an approved standard has been reviewed twice, the Ministerial Council has 60 days to inform FSANZ that the Council does not intend to amend or reject the approved standard, or to amend or reject the approved standard.
If the Ministerial Council informs FSANZ that:
- it does not intend to request a review of the approved standard; or
- it does not intend to amend or reject the approved standard; or
- it has amended the approved standard after the second review;
FSANZ will publish a notice in the Commonwealth (published by FSANZ as the Food Standards Gazette) and New Zealand Gazettes and in newspapers stating when the standard or variation comes into effect.
FSANZ will also publish this notice along with the text of the standard on the FSANZ website and make copies of these available for inspection by the public. The standard becomes legally effective on the date specified in the notice.
OTHER MATTERS
GAZETTAL – Amendment 115 Published
Amendment No. 115 to the Australia New Zealand Food Standards Code was published by FSANZ on 8 April 2010 (FSC 57). It included amendments resulting from the following Applications:
- Application A1015 – Ethyl Lauroyl Arginate as a Food Additive
- Application A1019 – Exclusive Use of Phytosterol Esters in Lower Fat Cheese Products
- Application A1024 – Equivalence of Plant Stanols, Sterols & their Fatty Acids Esters
BSE Risk Status – Applications for Assessment
On 28 April 2010, FSANZ received an application from the New Zealand Government for FSANZ to undertake a food safety risk assessment and assess its BSE risk status. New Zealand is one of a number of countries currently allowed to trade beef products with Australia. Under the new BSE food safety policy, such countries are required to submit an application to FSANZ for BSE risk status by
30 June 2011 to continue to export beef and beef products to Australia after 1 July 2011.
Nutrient Reference Values (NRVs) in theAustralia New Zealand Food Standards Code– Potential Revision
FSANZ is considering relevant issues and potential approaches to possible revisions of the current regulatory NRVs in the Code. In 2006, the National Health and Medical Research Council (NHMRC) and the New Zealand Ministry of Health (NZ MOH) released a set of official NRVs for Australia and New Zealand (2006 NRVs). These expand and replace the Recommended Dietary Intakes for Use in Australia (1991 RDIs) which were also adopted by NZ. FSANZ currently uses the 1991 RDIs to derive the regulatory NRVs in the Code. To assist FSANZ in its deliberations , a public consultation paper has been released. This Paper invites comment from interested parties on the underlying principles, relevant issues and potential approaches to revising the regulatory NRVs in the Code. This consultation will inform any future action which may include the development of a proposal to amend the regulatory NRVs in the Code. Submissions need to be received by 6pm (Canberra time) Friday, 30 July 2010. Click HERE for the documentation
Given the complexity of the issues discussed in the Paper, in addition to the public consultation period, FSANZ also plans to undertake targeted consult ation with key stakeholders. Stakeholders interested in participating in this targeted consultation can register their interest by contacting: Ms Judy Wood at Judy.wood@foodstandards.govt.nz or +64 4 978 5649
FSANZ Work Plan
FSANZ is required under s.20 of the FSANZ Act to develop and publish a three-year forward plan for applications, proposals and types of applications and proposals on which it intends to develop standards or variations to standards. In developing this three-year forward plan, FSANZ must consult interested persons not later than 30 June in each year.
Written submissions are therefore invited on the Work Plan by 6pm (Canberra time) 4 June 2010. Submissions should be addressed to one of the addresses below:
Standards Management Officer
| Food Standards Australia New Zealand PO Box 7186 CANBERRA BC ACT 2610 AUSTRALIA Email: submissions@foodstandards.gov.au | Food Standards Australia New Zealand PO Box 10559 WELLINGTON 6036 NEW ZEALAND Email: submissions@foodstandards.govt.nz |
Key Email addresses
standards.management@foodstandards.gov.au for:
progress with the assessment of applications or proposals or completed applications
- making an application
- Gazettal of amendments to the Code
submissions@foodstandards.gov.au for lodging submissions.
Food Regulation Secretariat
In accordance with the Food Regulation Agreement, the Australian Government Department of Health and Ageing is responsible for the provision of secretariat services to the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council), the Food Regulation Standing Committee (FRSC) and the Implementation Sub-Committee (ISC)
The Food Regulation Secretariat sends information updates to stakeholders on a regular basis. If you would like to receive these updates (this is separate and in addition to updates from FSANZ), register your details on the Food Regulation Secretariat Stakeholder Database. A registration form is available on the website at http://www.health.gov.au/internet/main/publishing.nsf/Content/foodsecretariat-database.htm .
Alternatively, the Food Regulation Secretariat can be contacted on:
Phone: +61 2 6289 5128
Fax: +61 2 6289 5100
Postal Address: Food Regulation Secretariat
PO Box 4
WODEN ACT 2606
Email: foodregulationsecretariat@health.gov.au
[Australia only] These matters relate to ‘Australia only’ standards that are not part of the joint regulatory arrangements with New Zealand. However, food from Australia complying with these standards may be supplied in New Zealand. If the matter is open for public comment, anyone may provide submissions in relation to these matters.