PROPOSAL P252 -  TRANSITIONAL ARRANGEMENTS FOR REPEAL OF VOLUME 1 OF THE FOOD STANDARDS CODE

Initial / Draft ASSESSMENT ( NEW proposal/Full Assessment - s.230 ) s.36

DEADLINE FOR PUBLIC SUBMISSIONS to the Authority in relation to this matter : 10 APRIL 2002 (see ' Invitation for Public Submissions' for details)

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EXECUTIVE SUMMARY

On 24 November 2000, the Australia New Zealand Food Standards Council (ANZFSC) adopted what is currently referred to as Volume 2 of the Food Standards Code (Volume 2).   It is envisaged that Volume 2 will become the sole repository of food product standards in Australia and New Zealand (under the joint food standards setting system) from approximately 20 December 2002.

At the time of adoption, Ministers agreed (in principle) to a two year ' transition period' in which the Australian Food Standards Code, currently referred to as Volume 1 of the Food Standards Code(Volume 1), would operate in parallel with, and as an alternative to Volume 2 in Australia. New Zealand manufacturers would, during the transitional period, be able to comply with Volume 1, Volume 2 or the New Zealand Food Regulations(1984) (NZFR).

It is proposed that draft Standards contained in Part 1.1A should be included in Volume 2 from 20 December 2002, with the concurrent repeal of Volume 1. The transfer matters currently cross-referenced in Volume 2, into Part 1.1A, will ensure that compliance with Volume 2 is possible on repeal of Volume 1. It is intended that the Standards contained in Part 1.1A will operate from commencement. ANZFA is currently considering four Proposals (Infant formula, Health claims, Country of Origin labelling and labelling of Pollen and Royal Jelly). Where these reviews result in a new Standards in Volume 2, industry will be able to comply with Part 1.1A or the new Standard for a period of two years from the commencement of the new Standard. At the conclusion of this two-year transitional period the alternative standard contained in Part 1.1A will cease to have effect.

The New Zealand standards to be repealed (in accordance with the Agreement between the Government of Australia and the Government of New Zealand establishing a system for the Development of joint Food Standards (the Treaty)) are found in the New Zealand Food Regulations (1984). The New Zealand Ministry of Health is developing a proposal to repeal the relevant aspects of the New Zealand Food Regulations, which will take effect upon the expiration of the transition period.   A discussion document is being drafted and it is expected that this will be released for public consultation in late March/early April 2002.   Once the consultation period has closed, a summary and analysis of submissions will be prepared and recommendations made to the New Zealand Government on the repeal arrangements.

Full Report [ PDF format 135 kb