15 February 2001

“Legal Loophole” to food standard on fermented meat has already been closed

The Australia New Zealand Food Authority (ANZFA) today acted swiftly to respond to some public misunderstanding of yesterday’s announcement that ANZFA is seeking public comment on a number of amendments to theAustralia New Zealand Food Standards Code.

One of the amendments - involving the closure of a ‘legal loophole’ which had been used by some manufacturers of fermented meat products to avoid cooking requirements – has already been put into law through emergency provisions of the Australia New Zealand Food Authority Act.

Some manufacturers had previously claimed that they did not have to comply with the cooking requirement because consumers would cook the product at home.

ANZFA’s Managing Director, Ian Lindenmayer, said yesterday’s announcement may have given the impression that public comment was being sought prior to the amendment being approved by the Ministerial Council. This is not so.

“All changes to the Food Standards Code have to go through a public consultation process and an approval by the Ministerial Council. Normally, consultation precedes consideration by the Council”, Mr Lindenmayer said.

“However, when public health and safety are at risk, ANZFA is able to apply a section of the Act which allows ministerial approval before the consultation process.

“This allows a quick response to protect consumers, but also provides businesses and others with an opportunity to put forward evidence and arguments on whether the regulatory measure should be retained or modified.

“In this case, the ‘legal loophole’ was closed in April 2000. We are now carrying out the consultation process.”

Mr Lindenmayer said consumers should have every confidence in the safety of smallgoods products.

It is in the interests of all manufacturers to comply with the requirements of the Food Standards Code and ANZFA has no reason to believe that manufacturers are not complying with the amended requirement.