FOOD STANDARDS NOTIFICATION SERVICE
NOTIFICATION CIRCULAR 04- 04
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 and – where applicable – reasons for decisions, can be accessed on the FSANZ website at www.foodstandards.gov.au under <StandardsDevelopments> and then <NotificationCirculars> (links to the documents are contained in the relevant numbered Notification Circular). Persons may contact FSANZ at one of the addresses below to arrange alternative access to these documents:
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 4 473 9942 Fax +64 4 473 9855 |
Email: info@foodstandards.gov.au | Email: info@foodstandards.govt.nz |
General questions on the work of FSANZ should be directed to the Information Officer at the address above. Queries concerning the matters in this Circular or application or submission processes should be directed to the Standards Management Officer at slo@foodstandards.gov.au .
PROGRESS ON APPLICATIONS AND PROPOSALS
NOTICES. The notice below was published on 26 May 2004 in The Australian and The New Zealand Herald newspapers as well as on the Food Standards Australia New Zealand website.
INITIAL ASSESSMENT - PROPOSALS [s.14A(1)]
FSANZ has prepared a Proposal for the development or variation of the following food regulatory measure; will make a Draft Assessment of this Proposal; and invites written submissions on matters relevant to the Proposal to be made to FSANZ by 14 July 2004 for Proposal P282, by 28 July 2004 for Proposals P288 and P292 and by for and 4 August for P290 and Proposal P289
- Proposal P282 – Primary Production & Processing Standard for Poultry Meat: to develop a primary production and processing standard for poultry meat. The Standard will focus on food safety, be outcome-based, and will take into consideration the whole of the chain approach in developing measures to manage poultry meat safety.#
- Proposal P288 – Food Safety Programs for Food Service to Vulnerable Populations: to amend Standard 3.2.1 to make food safety programs mandatory in food service in which potentially hazardous food is served to vulnerable populations.#
- Proposal P289 – Food Safety Programs for the Producers of Manufactured & Fermented Meats: to amend Standard 3.2.1 to provide for application of food safety programs for those food businesses that produce manufactured and fermented meats.#
- Proposal P292 – Country of Origin Labelling of Food: to review the current provisions regarding mandatory country of origin labelling contained in Standard 1.1A.3 in the context of policy guidelines developed by the Australia and New Zealand Food Regulation Ministerial Council.
DRAFT ASSESSMENT – APPLICATIONS[s.17(2), s.17A(2)]
FSANZ has prepared draft food regulatory measures or variations for the following Applications; will make Final Assessments in relation to each of these drafts; and invites written submissions for the purpose of making Final Assessmentsby 21 July 2004 for Applications A518 and by 28 July for Application A494, A433, A434, A494 and A508.
- Application A433 – Phytosterol esters derived from Vegetable Oils in Breakfast Cereals: to permit phytosterol esters derived from vegetable oils as a novel food ingredient in breakfast cereals.
- Application A434 – Phytosterol esters derived from Vegetable Oils in Low-fat Milk & Yoghurt: to permit phytosterol esters derived from vegetable oils as a novel food ingredient in low fat milk and low fat yoghurt.
- Application A494 – Alpha-Cyclodextrin as a Novel Food: to approve alpha-cyclodextrin as a novel food. Alpha-cyclodextrin is a cyclic glucose polymer produced from starch by an enzymatic process and can function as a carrier, solubiliser, stabiliser or modifier in a wide variety of processed foods.
Closing date: 28 July 2004
- Application A508 – Phytosterols derived from Tall Oils as Ingredients in Low Fat Milk: to amend the Novel Foods Standard to include tall oil phytosterols in low fat milk.
- Application A518 – Food derived from Insect-protected, Herbicide-tolerant Cotton Line MXB-13: to permit the use in food of a cotton genetically modified to be resistant to cotton bollworm, pink bollworm and tobacco budworm.
DRAFT ASSESSMENT – PROPOSALS [s.17AA(1), s.17AB(1)]
FSANZ has prepared draft food regulatory measures or variations for the following Proposals; will make Final Assessments in relation to each of these drafts; and invites written submissions for the purpose of making Final Assessments by 6 August 2004:
- Proposal P265 – Primary Production & Processing Standard for Seafood: to develop a Primary Production and Processing Standard for Seafood that applies to seafood from the point of harvest to supply.#
FINAL ASSESSMENT AND COUNCIL NOTIFICATION – APPLICATIONS AND PROPOSALS – DRAFT STANDARDS [s.19(1), s.20(4A)]
After making Final Assessments in relation to draft standards or variations for the following Applications and Proposals, FSANZ decided to approve the drafts 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 A503 – Collagen, Processing Aid for Wines.#
- Application A510 – Maximum Residue Limits (August, September, October 2003) .#
- Proposal P281 – Anomalies in Standard 1.4.2 - Maximum Residue Limits.#
EFECT 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 ZealandGazettes 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.
URGENT PROPOSAL [s.26(4)]
FSANZ has approved a draft variation under section 26, to come into effect on 14 May 2004 in relation to the following Proposal:
- Proposal P294 – Variation to Standard 1.4.2 – Maximum Residue Limits.#
APPLICATION WITHDRAWN [s.12A(2)]
The following Application has been withdrawn by the Applicant:
- Application A462 – Maximum Residue Limits for Spices & Vegetables.
- Application A487–Bromate Levels in Packaged Water.
OTHER MATTERS
Work Plan
FSANZ is required under s.10A 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 by23 June 2004. Submissions should be addressed to one of the addresses below:
Standards Management Officer | Standards Management Officer |
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 |
Email: slo@foodstandards.gov.au | Email: slo@foodstandards.gov.au |
Amendment 70 Published
Amendment 70 to theAustralia New Zealand Food Standards Codewas published by FSANZ on 29 April 2004. It included amendments resulting from the following Applications and Proposal:
- Application A454 –Bacillus cereus Limits in Infant Formula
- Application A459 – Geographic Indications to describe Spirits
- Application A463 – Copper Citrate as a Processing Aid in Wine
- Application A472 – d -Tagatose as a Novel Food
- Application A476 – Acidified Sodium Chlorite as a Processing Aid.
- Application A481 – Food derived from Glufosinate Ammonium-tolerant Soybean Lines A2704-12 and A5547-127
- Application A482 – Plant Proteins as Wine Processing Aids
- Application A492 – Lysophospholipase as a Processing Aid (Enzyme)
- Proposal P283 – Wine-making.
Amendment 71 Published
Amendment 70 to the Australia New Zealand Food Standards Code was published by FSANZ on 14 May 2004. It included an amendment resulting from the following Proposal:
- Proposal P294 – Variation to Standard 1.4.2 – Maximum Residue Limits.^#
Amendment 72 Published
Amendment 72 to theAustralia New Zealand Food Standards Codewas published by FSANZ on 20 May 2004. It included amendments resulting from the following Applications and Proposal:
- Application A474 – Wine-making
- Application A485 – Stock-in-Trade: Wine labelled with a 2002 Vintage Date or Earlier
- Application A495 – Polydextrose as Dietary Fibre
- Application A497 – Maximum Residue Limits (April, May, June, July 2003)
- Proposal P256 – Review of Kava Standard
- Proposal P257 – Advice on the Preparation of Cassava & Bamboo Shoots
- Proposal P285 – Minor Amendments to Standard 2.9.1 – Infant Formula Products
^ This Proposal was progressed as an urgent proposal under Division 5 of Part 3 of the FSANZ Act.
# 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. Anyone may provide submissions in relation to these matters.