Food Standards Notification Circular

19 March 2010

[8-10]

 

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 then <Food Standards>, then <Changing the Code>, then either <Documents for Public Comment>or.  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 4 978 5636       
Fax   +64 4 473 9855

Email:   information@foodstandards.gov.au

Email:   information@foodstandards.govt.nz

 

General questions on the work of FSANZ should be directed to the Information Officer at 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 .

 

PROGRESS ON APPLICATIONS AND PROPOSALS

Details on Approvals and Ministerial Council notifications from the notice below were published on 19 March 2010 in The Australian and The New Zealand Herald newspapers, as well as on the FSANZ website.

General information on progress on all current applications and proposals is available in the FSANZ Food Standards Development Work Plan which is available on the FSANZ website at http://www.foodstandards.gov.au/foodstandards/changingthecode/standardsworkplan.cfm .

 

NEW APPLICATIONS AND PROPOSALS

(Note that this section is not a call for public comment)

FSANZ has received the following Application; completed an Administrative Assessment of it; accepted it; and placed it on the FSANZ Food Standards Development Work Plan:  

GENERAL PROCEDURE

  • Application A1043 – World Health Organization Limits for Packaged Water: to adopt limits for certain chemical substances in packaged water to reflect the current limits in place in international Standards established by the World Health Organization  [Received:  25 January 2010] [Applicant: Australasian Bottled Water Institute Inc

Information on the above, 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/foodstandards/changingthecode/standardsworkplan.cfm .  

Administrative Assessment Reports can be accessed on the FSANZ website at http://www.foodstandards.gov.au/foodstandards/applications/ or http://www.foodstandards.gov.au/foodstandards/proposals/ .   

If you wish to be advised of any developments relating to the above, 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.

 

APPROVAL AND COUNCIL NOTIFICATION[s.34, s.64]

After consideration of draft variations for the following Applications and Proposals, FSANZ decided to approve the draft variations. FSANZ has given the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written notification of these approvals:

  • Application A1028 – Food derived from Insect-protected & Herbicide-tolerant Cotton Line T304-40
  • Proposal M1004 – Maximum Residue Limits (September-December 2008, January-March 2009) [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/foodstandards/changingthecode/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 has given the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written

notification of this approval:

 

  • Proposal P282 – Primary Production & Processing Standard for Poultry Meat [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 Zealand Gazettes  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.

 

OTHER MATTERS

 

Key Email addresses

standards.management@foodstandards.gov.au for:

 

  • progress with the assessment of applications or proposals or completed applications
  • making an application
  • Gazettal of amendments to the Code

submissions@foodstandards.gov.au  for lodging submissions.

 

Food Regulation Secretariat

In accordance with the Food Regulation Agreement, the Australian Government Department of Health and Ageing is responsible for the provision of secretariat services to the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council), the Food Regulation Standing Committee (FRSC) and the Implementation Sub-Committee (ISC).

The Food Regulation Secretariat sends information updates to stakeholders on a regular basis.  If you would like to receive these updates (this is separate and in addition to updates from FSANZ), register your details on the Food Regulation Secretariat Stakeholder Database. A registration form is available on the website at http://www.health.gov.au/internet/main/publishing.nsf/Content/foodsecretariat-database.htm .  

 

Alternatively, the Food Regulation Secretariat can be contacted on:

 

Phone:                 +61 2 6289 5128
Fax:                      +61 2 6289 5100

Postal Address:    Food Regulation Secretariat

                            PO Box 4
                            WODEN   ACT   2606

Email:                  foodregulationsecretariat@health.gov.au

 

Food Labelling Review

The Committee conducting the Independent Review of Food Labelling Law and Policy is about to embark on the planned second round of public consultations in Australia and New Zealand.  This Review, chaired by Dr Neal Blewett AC, is being conducted at the request of the Council of Australian Governments and the Ministerial Council. This public consultation period is an important opportunity for people to provide the Review Committee with specific information about ways to improve food labelling in Australia and New Zealand.  

The Food Labelling Review Issues Consultation Paper summarises the issues that have been raised in the first round of submissions to the Review, as well as issues in the literature and media in recent years. This Paper elaborates on the Review’s Terms of Reference and has been prepared to stimulate thinking and debate.  It is important to now take the next step in the Review process and begin thinking about the range of solutions and ideas to improve food labelling. The Food Labelling Review Issues Consultation Paper is available via www.foodlabellingreview.gov.au .The closing date for written submissions is 14 May 2010. Submissions that add to the deliberation and discussion (and meet the submission guidelines) will be made publicly available on the website.  

As part of the consultation, the Review Committee will be holding public forums in Australia and New Zealand from 17 March to 7 May 2010.  Members of the public are encouraged to take the opportunity to respond to the consultation questions, and to attend one of the public meetings.  Stakeholders are invited to register on www.foodlabellingreview.gov.au to attend a public forum. The schedule is as follows:

Wellington        

 Thursday, 25 March 2010

Christchurch    

 Friday, 26 March 2010

Sydney        

 Monday, 29 March 2010

Hobart        

 Friday, 9 April 2010

Canberra        

 Monday, 12 April 2010

Darwin                  

 Friday, 16 April 2010

Adelaide        

 Friday, 23 April 2010

Melbourne        

 Thursday, 29 April 2010

Brisbane        

 Friday, 7 May 2010

[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.