FOOD STANDARDS NOTIFICATION CIRCULAR
[8-08]
22 May 2008
This Notification Circular includes notices that are required to be given to the public, submitters and appropriate government agencies, under theFood 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 under <Standards Development>, then <Documents for Public Comment>and then
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 5630 Fax +64 4 473 9855 |
General questions on the work of FSANZ should be directed to the Information Officer at the 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 .
Details on Final Assessments, notifications to Council and Council processes from the notice below were published on 22 May 2008 in The Australian and TheNew Zealand Herald newspapers, as well as on the FSANZ website.
NEW APPLICATIONS
(Note that this section is not a call for public comment)
FSANZ has received the following Application and placed it on the FSANZ Food Standards Development Work Plan:
GENERAL PROCEDURE
- Application A1007– Labelling of Foods containing Formulated Caffeine: to require foods containing energy drinks as ingredients to carry the mandatory statements, and be subject to the same vitamin claim restriction as prescribed in clause 3 of Standard 2.6.4 [27 March 2008] [Distilled Spirits Industry Council of Australia Inc]
Information on the Application, 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/standardsdevelopment/standardsworkplan.cfm . Administrative Assessment Reports can be accessed on the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/applications/index.cfm .
If you wish to be advised of any developments relating to the above Application, 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.
APPLICATIONS AND PROPOSALS
(Received or prepared before 1 October 2007)
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 ]
After making a Final Assessment in relation to draft variation for the following Proposal, 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 these approvals:
- Application A606 – Asparaginase as a Processing Aid (Enzyme)
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.
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:
- Application A592 – Food derived from Glyphosate-tolerant Soybean MON89788
In accordance with these requirements, FSANZ has completed its Second Review in relation to the following Proposal and re-affirmed its approval of the approved draft Standard, subject to amendments:
- Proposal P272 – Labelling Requirements for Food for Catering Purposes & Retail Sale
GAZETTAL[s.23A as was in force prior to 1 July 2007]
Amendment 98 Published
Amendment No. 98 to the Australia New Zealand Food Standards Code was published by FSANZ on 15 May 2008 (FSC 40). It included amendments resulting from the following Applications:
- Application A599 – Maximum Residue Limits (January, February, March 2007) [Australia only]
- Application A602 – Extraneous Residue Limit in Honey (Paradichlorobenzene) [Australia only]
- Application A605 – Yeast Mannoproteins as a Food Additive for Wine
OTHER MATTERS
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) 20 June 2006. 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: submissions@foodstandards.gov.au Email: submissions@foodstandards.govt.nz
Amendments to the FSANZ Act
Major amendments to the Food Standards Australia New Zealand Act 1991 passed the Australian Parliament on 20 June 2007 and were proclaimed on 1 July 2007. These amendments affect how FSANZ assesses applications received and proposals prepared to amend the Australia New Zealand Food Standards Code from 1 October 2007 onwards. Further information on these changes is available from the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/informationforapplicants/index.cfm .
Email address changes
The email address ‘slo@foodstandards.gov.au’ has been discontinued. Two new email addresses, standards.management@foodstandards.gov.au (for all general inquiries about standards issues) and submissions@foodstandards.gov.au (for public submissions on assessment reports only) have been created. Any emails sent to ‘slo’ will be automatically redirected to the new ‘standards.management’ email address.
[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.