Food Standards Australia New Zealand

FOOD STANDARDS NOTIFICATION SERVICE

NOTIFICATION CIRCULAR [9-04]

15 December 2004

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.auunder<Standards Development>and then <Documents for Public Comment>.   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 15 December 2004in The Australian and TheNew 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 9 February 2005:

  • Application A548 – Food from Corn Rootworm-protected & Glyphosate-tolerant Corn MON 88017:   to permit the use in food of corn genetically modified to provide resistance to corn rootworm and glyphosate. [received 5 October 2004]

  • Application A549 – Food derived from High Lysine Corn LY038: to permit the use in food of high lysine corn. This product is intended to be used as a animal feed.   [received 25 October 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 9 February 2005 for Proposals P279 and P296, 23 February 2005for Proposals P230 and P272,and 2 March 2005 for  Proposal P291:

  • Proposal P230 – Iodine Fortification:   to review the need for mandatory iodine fortification in response to evidence showing increasing prevalence of iodine insufficiency among vulnerable groups in Australia and New Zealand.

  • Proposal P272 – Labelling Requirements for Food for Catering Purposes & Retail Sale:   to review the labelling requirements, limitations or exemptions for food for retail sale, food for catering purposes, packaged meals provided by delivered meals organisations and meals provided in hospitals and similar institutions.

  • Proposal P279 – Review of Schedule 1, Standard 1.3.1 – Food Additives:   to review the Schedule 1 food additives permissions to ensure they are correctly gazetted and reflect the intent of the original standard and the cumulative changes since original gazettal in 2000.

  • Proposal P291 – Review of Novel Food Standard:   to review Standard 1.5.1 in accordance with policy guidance from the Ministerial Council.  

  • Proposal P296 – Primary Production & Processing Standard for Dairy:   to develop a primary production and processing standard for the dairy industry.#

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 by9 February 2005:

  • Application A469 – Saccharin in Water-based Flavoured Drinks:   to review the maximum permitted levels of saccharin in diet cordials and diet soft drinks.

  • Application A525 – Food derived from Herbicide-tolerant Sugar Beet H7-1:   to permit the use in food of sugar beet genetically modified to provide resistance to glyphosate.

  • Application A541– Maximum Residue Limits (June, July, August 2004).*#

MINISTERIAL COUNCIL REVIEW PROCESS – APPROVED DRAFT STANDARDS (s.21 - 23))

In accordance with these requirements, FSANZ has completed its First Review in relation to the following Application and re-affirmed its approval of the approved draft Standard:


OTHER MATTERS

Changes to fees for access to the Public Register

Part of the FSANZ process involves being open and we have always given access to our Public Register of files on food standards matters on request. Our charges cover administrative costs such as file maintenance, document copying or paper. We are increasing the charges for access as from 1 January 2005 to reflect our increasing costs, as well as expanding the categories that will be exempt from all or part of the fees. We will also be providing electronic access to certain documents on the Public Register files, rather than expect the public to travel to either our Canberra or Wellington offices for a viewing. Electronic access will be charged as if viewing the files in our offices. The new fees are as follows:

  • In Australia – 1 file $110; 2-4 files $145; 5 or more files $180 + any additional charges for photocopying, CDs and postage.

  • In New Zealand – 1 file $NZ125; 2-4 files $NZ160; 5 or more files $NZ195 + any additional charges for photocopying, CDs and postage.

FSANZ will also be placing new applications (excluding any confidential commercial information) on our website after our scoping process has been completed and the application is placed on the FSANZ Work Plan.   We also plan to publish submissions on the website when we have expanded our standards management system.

 

*  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.