Our Regulatory Measures
Our goals are to continue to work with our government partners to develop food standards through the binational food regulatory arrangements, to anticipate and work proactively to address new food regulatory challenges, and to use good regulatory practice in the delivery of food regulatory outcomes.
We will measure our performance by monitoring the number of standards Applications and Proposals that are finalised within statutory timeframes and that are consistent with Ministerial policy guidelines as well as the number of regulatory impact statements satisfying the Office of Regulation Review’s requirements. We will also measure our performance by monitoring our management of food emergencies and public health issues arising from food.
Our Regulatory Measures [ pdf 198 kb ]
Overview
During the year, FSANZ’s risk management capabilities were consolidated with the establishment of four Branches with responsibility for managing our food standards outcomes.
These areas bring together staff with expertise in regulatory policy development, stakeholder consultations and negotiations, regulatory impact analysis and communication. These areas work with FSANZ’s scientific risk assessment staff and all stakeholders to ensure that FSANZ’s regulatory measures (its food standards) are appropriately effective to impose the least costs on the food industry, governments and consumers
Our work is largely demand driven. Our work priorities emanate from three key sources:
- Applications from outside bodies to vary standards in the Code;
- Ministerial guidelines and requests to develop or vary Standards; and
- Proposals raised in response to emerging food issues.
During the year we have dealt with a number of high-profile issues and activities. Some are ongoing, including:
- Applications and Proposals dealing with seafood, poultry, and food safety programs, and country of origin labelling;
- Significant food related issues including BSE; dioxins; nitrofurans in honey and prawns; mercury in fish; semicarbazides in food; and the legal standing of maximum residue limits (MRLs);
- Responses to requests for work such as vitamin and mineral fortification; nutrition, health and related claims; novel foods and labelling of infant foods; and
- Significant, non-standards work, including reviews of GM labelling; allergen labelling of food; nutrition information panels; and a review of listeria information.
There is evidence to suggest that the increasing demands and complexities of a rapidly changing food environment are placing further pressures on our workload and our capacity to fully meet stakeholder expectations. While we have always managed new tasks or significant Applications in the past, trends suggest that it is taking longer to process the work before us.
A clear indicator of increased workloads is the growth in Applications received and Proposals commenced since July 2002 in all Work Plan Groups, as shown in the following table:
Table 1: Applications and Proposals [1]
| July 2001 | July 2002 | Sept 2002 | April 2003 | June 2003 | Oct 2003 | June 2004 |
Group 1 | 6 | 13 | 10 | 12 | 20 | 21 | 23 |
Group 2 | 41 | 22 | 20 | 21 | 27 | 31 | 43 |
Group 3 | 4 | 7 | 9 | 14 | 11 | 13 | 16 |
Total | 51 | 42 | 39 | 47 | 58 | 65 | 82 |
Max waiting time | 6-9 months | 6-9 months | 10 months | 8 months | 12 months | 12 months | 18 months |
[1] Group 1 is for Applications/Proposals raising health and safety issues being progressed as a priority or applications/matters identified by jurisdictions as warranting priority e.g. fortification, primary production, health claims.
Group 2 is for Proposals and unpaid applications placed on a 3 year rolling plan scheduled for commencement in order of receipt.
Group 3 is for paid Applications. The Act requires work to commence on these on receipt of the application and fee.
As at 30 June 2004 our Work Plan comprises 84 Applications and Proposals (including 2 projects under review):
- 23 Applications / Proposals in Work Group 1
- 45 Applications / Proposals listed in Work Group 2
- 16 Applications in Work Group 3
- 2 Projects under review.
These figures reveal a number of trends concerning the receipt and completion of Applications and Proposals:
- the number of Applications received during each financial year has varied but appears to have settled around 35 (Table 2);
- the number of Applications carried over into the next financial year has increased significantly from 32 in year 2002-2003 to 48 in the 2003-2004 year, with only a marginal increase in the numbers finalised;
- whilst the total number of Proposals rose only slightly in the financial year 2003-2004, the complexity of work (for example, health claims, country of origin labelling, fortification, review of novel foods, dietary supplements, and the primary production and processing proposals) has increased substantially;
- delays in commencing Group 2 Applications have increased from 6 to 9 months in July 2002 to 18 months at present; and
- the number of Applications and Proposals in Group 1 has trebled since 2000-2001 (from 6 in July 2001 to 23 in August 2004).
Our capacity to manage cost recovered Applications also impacts on our ability to manage our workloads as it is difficult to forecast the number and complexity of cost recovered Applications we are likely to receive.
Table 2: All Applications Received and Proposals Prepared
| 2000-01 | 2001-02 | 2002-03 | 2003-04 |
Applications | 23 | 27 | 36 | 34 |
Proposals | 22 | 19 | 10 | 13 |
Total | 45 | 46 | 46 | 47 |
Table 3 shows the number of Applications and Proposals that have been processed.
Table 3: Applications and Proposals Finalised
| 2000-01 | 2001-02 | 2002-03 | 2003-04 |
Applications/Proposals finalised by the FSANZ Board . | 102
| 61 | 31 | 30 |
Applications/Proposals withdrawn, abandoned or rejected. | 10 | 11 | 8 | 6 |
Total Applications/Proposals processed. | 48 | 67 | 39 | 36 |
Applications and Proposals gazetted from 1 July 2003 – 30 June 2004
Based on Applications received, 20 variations or amendments to standards in the Code were gazetted. On the basis of Proposals raised by ourselves a further ten variations or amendments to standards in the Code were gazetted. Five changes to the Code (3 Applications and 2 Proposals) were notified to the Ministerial Council. Six Applications were withdrawn.
Detailed information on Applications and Proposals finalised and processed in 2003 – 2004, are contained in Appendices 1, 2 and 3.
back to Corporate Overview | next section - Our StakeholdersAssessing Applications and Proposals
Managing food emergencies and public health issues arising from food
Monitoring and evaluating hazards in food to support the development of food regulatory measures
Strengthening the evidence-base for food standards decision making
Evaluation of food regulatory measures
Fostering international networks
Our Regulatory Measures [ pdf 198 kb ]