Food Standards Australia New Zealand

FOOD STANDARDS NOTIFICATION SERVICE

NOTIFICATION CIRCULAR [8-04]

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 <Standards Development>and then <Notification Circulars>(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 20 October 2004 in The Australian and The New Zealand Herald newspapers as well as on the Food Standards Australia New Zealand  website.

INITIAL ASSESSMENT - APPLICATIONS [s.14(1)]

FSANZ received applications for the development or variation of the following food regulatory measures; accepted the Applications after making Initial Assessments of them; will make Draft Assessments of these Applications; and invites written submissions on matters relevant to the Applications to be made to FSANZ by 1 December 2004:

INITIAL ASSESSMENT - PROPOSALS [s.14A(1)]

FSANZ has prepared Proposals for the development or variation of the following food regulatory measures; will make Draft Assessments of these Proposals; and invites written submissions on matters relevant to the Proposals to be made to FSANZ by 1 December 2004 for Proposal P287 and 24 December for   Proposal P295:

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 a Final Assessment by 1 December 2004:

DRAFT ASSESSMENT – PROPOSALS [s.17AA(1), s.17AB(1)]

FSANZ has prepared a draft food regulatory measure or variation for the following Proposal; will make a Final Assessment in relation to the draft; and invites written submissions for the purpose of making a Final Assessment by1 December 2004:

 

PRELIMINARY FINAL ASSESSMENT – PROPOSALS

FSANZ has prepared draft variations for the following Proposal; will make a Final Assessment in relation to the drafts; and invites written submissions for the purpose of making a Final Assessment by 1 December 2004:

  • Proposal P284– Minor Amendments Omnibus V:   to correct errors of minor significance or complexity, including typographical errors, inconsistencies, misspellings, grammatical errors, deletions and corrections of  Tables.

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, 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 these approvals:

 

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 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.

APPLICATION WITHDRAWN [s.12A(2), s.34(2)]

The following Applications have been withdrawn by the Applicants:

  • Application A502 – Macronutrient Levels for Formulated Supplementary Foods.

  • Application A536 – Maximum Residue Limits – Phosphine (Fumigant).

FSANZ considers the following Application to have been withdrawn under s.34(2):

  • Application A504 – Contaminant Levels in Seafood.

OTHER MATTERS

New cost-recovery arrangements

In November 2003, FSANZ advised stakeholders that it had undertaken a review of its cost-recovery arrangements and recommended certain changes.   The review found:

  • a number of activities had not been taken into account when fees were introduced by the Australia New Zealand Food Authority Amendment Regulation 122 of 2000;

  • the number of cost-recovery categories of assessment was found to be insufficient to address the range of Applications received by FSANZ; and

  • the definitions within those categories of assessment were not sufficient to describe the potentially large range of Applications that FSANZ receives.

In order to implement these changes, FSANZ has made a number of amendments to the Food Standards Australia New Zealand Regulations 1994 which were gazetted on 26 August 2004.

The amendments increase the range of categories of assessment from five to six and also expand the range of definitions within those categories.   Details on the new fee structures are available on the FSANZ website at www.foodstandards.gov.au under <Standards Development>and then <InformationforApplicants>.

Please contact John Taylor in the FSANZ Office of Legal Counsel (+61 2 6271 2231) if you require any further information about these changes.

Amendment 74 published

Amendment 74 to the Australia New Zealand Food Standards Code was published by FSANZ on 14 October 2004. It included amendments resulting from the following Applications and Proposals:

  • Application A491 – Resistant Maltodextrin as Dietary Fibre.

  • Application A505 – Diacylglycerol Oil.

  • Application A506 – Maximum Residue Limits – Florfenicol (Antibiotic).#

  • Application A520 – Maximum Residue Limits (November, December 2003).#

  • Application A521 – Maximum Residue Limits – Lasalocid (Antibiotic).#

  • Proposal P264 – Review of Gluten Claims with Specific Reference to Oats & Malt

  • Proposal P278 – Use of Nicotine &Nicotiana Species in Food.

*  Indicates a matter in relation to which FSANZ has decided not to hold a round of consultation between Initial and Draft Assessment, as it is satisfied that omitting to hold such consultation will not have a significant adverse effect on the interests of anyone/the Application raises issues of minor significance or complexity only (s. 36(1C)).  A person whose interests are affected by this decision may: subject to the Administrative Appeals Tribunal Act 1975, make an application to the Administrative Appeals Tribunal for review of FSANZ’s decision; and except where subsection 28(4) of that Act applies, in accordance with section 28, may apply for a statement in writing setting out the findings of material questions of fact, referring to the evidence or other materials on which those findings were based and giving the reasons for the decision.  

# 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.