FOOD STANDARDS NOTIFICATION CIRCULAR
[9-08]
4 June 2008
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 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 will be published on 6 June 2008 in The Australian and The New Zealand Herald newspapers.
CALL FOR SUBMISSIONS
GENERAL PROCEDURE
Assessment – Applications[s.31]
FSANZ has assessed and prepared draft food regulatory measures for the following Applications; will further consider each of these drafts; and invites written submissions for the purpose of either approving, amending or rejecting the draft food regulatory measures by 6pm (Canberra time) on 16 July 2008 :
- Application A1003– Asparaginase from Aspergillus niger as a Processing Aid (Enzyme): to permit the use of a new microbial source for Asparaginase sourced from a genetically modified strain of Aspergillus niger for use in food production to reduce the risk of acrylamide formation [Received 7 January 2008]
(Received or prepared before 1 October 2007)
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 F SANZ by 6pm (Canberra time) on 16 July 2008 :
- Application A601 – Definition of ‘Wine-based Beverage’: to prescribe a definition for‘wine-based beverage’and to delete the current definition for‘wine product’in Standard 2.7.4 [Received 20 February 2007]
APPROVAL AND COUNCIL NOTIFICATION [s.64]
After consideration of draft standards or variations for the following Proposal, FSANZ decided to approve the draft under section 63 of the FSANZ Act.
FSANZ will be giving the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written notification of this approval:
- Proposal M1001– Maximum Residue Limits (September, October, November, December 2007)[ Australia only]
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/standardsdevelopment/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 Proposal, FSANZ decided to approve the draft variations under section 18 of the FSANZ Act. FSANZ will be giving the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written notification of these approvals:
- Application A566 – L-Methylfolate, Calcium as a Permitted Vitamin Form of Folate
- Application A570 – Ferric Sodium Edetate as a Permitted Form of Iron
- Application A595 – Food from Insect-Protected Corn MON 89034
- Application A607 – Maximum Residue Limits (April, May, June 2007) [Australia only]
- Application A610 – Maximum Residue Limits (July, August 2007) [Australia only] Application A612 – Maximum Residue Limits – Dimetridazole (Antibiotic) [Australia only]
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 ZealandGazettesand 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
Work Pl an
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 2008. 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.