APPLICATION A474 - WINEMAKING

09/03

21 May 2003

INITIAL ASSESSMENT REPORT

 

DEADLINE FOR PUBLIC SUBMISSIONS to the Authority in relation to this matter: 2 July 2003 (See ‘Invitation for Public Submissions’ for details)

Full Report  [ pdf 241 kb ]

Executive Summary

FSANZ (then the Australia New Zealand Food Authority) received an application from the Winemakers’ Federation of Australia (WFA) to amend wine regulations in the Australia New Zealand Food Standards Code (the Code) on 24 June 2002.

The application seeks a number of amendments to provisions in the Code that regulate winemaking. The purpose of the requested amendments is two-fold:

• to update the lists of food additives and processing aids which Australian winemakers are permitted to use to improve the competitiveness of Australian wine internationally and also to improve the quality of the wine available for both the domestic and international markets; and
  
  
• to standardise the terminology used in Standard 4.1.1 – Wine Production Requirements (Australia only) with that of the rest of the Code and also with internationally recognised terminology.

This Initial Assessment report is not a detailed assessment of the application but rather an assessment of whether the application should be accepted for further consideration. The report is based mainly on information provided by the applicant and has been written to assist in identifying the affected parties and to outline expected relevant issues to complete the assessment. The information needed to complete the assessment will include information received from public submissions.

The applicant requests the following amendments to the provisions regulating wine in the Code:

• a minor change to the definition for wine in Standard 4.1.1 – Wine Production Requirements (Australia only) to align it with the definition for wine in Standard 2.7.4 – Wine and Wine Product;
  
  
• permission for the use of gum arabic as a food additive for wine made in accordance with Standard 2.7.4 – Wine and Wine Product;
  
  
• permission for the use of gum arabic as a food additive for wine made in accordance with Standard 4.1.1 – Wine Production Requirements (Australia only);
  
  
• permission for the use of argon as a processing aid for wine made in accordance with Standard 2.7.4 – Wine and Wine Product;
  
  
• permission for the use of argon as a processing aid for wine made in accordance with Standard 4.1.1 – Wine Production Requirements (Australia only);
  
  
• permission for the use of the enzyme urease as a processing aid for wine made in accordance with Standard 2.7.4 – Wine and Wine Product;
  
  
• permission for the use of the enzyme urease as a processing aid for wine made in accordance with Standard 4.1.1 – Wine Production Requirements (Australia only);
  
  
• permission for the use of carbon dioxide as a food additive for wine made in accordance with Standard 4.1.1 – Wine Production Requirements (Australia only);
  
  
• inclusion of ‘yeasts’ in the list of permitted processing aids in Standard 4.1.1 – Wine Production Requirements (Australia only);
  
  
• inclusion of ‘bacteria’ in the list of permitted processing aids in Standard 4.1.1 – Wine Production Requirements (Australia only); and
  
  
• move ‘uncharred oak’ from the table listing permitted food additives to the table listing permitted processing aids in Standard 4.1.1 – Wine Production Requirements (Australia only).

The applicant also requests the restoration of a definition and several compositional and labelling requirements that were contained in Standard P6 – Wine and Wine Product of the then Volume 1 of the Food Standards Code, which was repealed in December 2002.   These are:

• duplication of the definition for ‘wine product' contained in Standard 2.7.4 – Wine and Wine Product in Standard 4.1.1 – Wine Production Requirements (Australia only), which will restrict the use of wine used to produce Australian made wine product to wine produced in accordance with Standard 4.1.1 – Wine Production Requirements (Australia only), rather than that produced in accordance with the joint wine standard, Standard 2.7.4 – Wine and Wine Product;
  
  
• restoration of a restriction on the source of alcohol used in the manufacture of wine product to that derived solely from the fermentation of grapes and/or products of fresh grapes;
  
  
• restoration of a prescribed maximum alcohol content for wine product of 22 per cent alcohol by volume;
  
  
• restoration of a permission to use water and spirit in the preparation of vegetable extracts to be used in wine product;
  
  
• restoration of a restriction on the use of food additives and processing aids permitted during the manufacture of wine product to those permitted in the manufacture of wine, fortified wine and sparkling wine as regulated in Standard 4.1.1 – Wine Production Requirements (Australia only);
  
  
• restoration of prescribed name labelling requirements for the wine products ‘marsala’ and ‘vermouth’;
  
  
• restoration of a specific labelling requirement for the mandatory use of ‘carbonated’ in the name of those wine products containing 3 grams or more of added carbon dioxide per litre;
  
  
• restoration of a specific labelling requirement prohibiting use of ‘carbonated’ in the name of those wine products containing less than 3 grams of added carbon dioxide per litre;
  
  
• restoration of a definition for ‘reduced alcohol wine’ which includes restrictions on how the alcohol content is to be reduced;
  
  
• restoration of a maximum alcohol content for ‘reduced alcohol wine’ of 8 per cent alcohol by volume; and
  
  
• restoration of alcohol content labelling requirements for ‘low alcohol wine’ and ‘dealcoholised wine’.

In the case of ‘low alcohol’ and ‘dealcoholised’ alcohol content labelling requirements, equivalent regulations were carried forward into the Code. These labelling requirements apply to all alcoholic beverages, not just wine, and are included in Standard 2.7.1 – Labelling of Alcoholic Beverages and Food Containing Alcohol.

The definition for reduced alcohol wine, and the other requested compositional and labelling requirements relating to wine products were considered during ANZFA’s (now FSANZ) recent review of wine making regulations in Australia and New Zealand. As a result of the review process, these requirements were not included in the Code. The reasons for these provisions not being included in the Code will be re-assessed at Draft Assessment.

The applicant also requests a number of minor changes to Standard 4.1.1 – Wine Production Requirements (Australia only). These proposed amendments are of minor impact only, intending to correct minor omissions and inconsistencies, to correctly categorise permitted substances as processing aids or food additives, or to provide additional permissions that are already permitted by the joint wine standard, Standard 2.7.4 – Wine and Wine Product. Due to the minor impact of several of the proposed amendments, their assessment has been progressed separately as part of Proposal P266, Minor Amendments Omnibus to the Food Standards Code, No. 4. These proposed minor amendments to Standard 4.1.1 – Wine Production Requirements (Australia only) are listed at Attachment 1.

The main objective of this assessment is to ensure that the proposed amendments to the standards in the Code that regulate the manufacture of wine do not adversely affect public health and safety.

In making an initial assessment, FSANZ is required by its legislation to have regard to the following matters, which are prescribed in section 13(2) of the Food Standards Australia New Zealand Act 1991:

(a)   whether the application relates to a matter that may be developed as a food regulatory measure, or that warrants a variation of a food regulatory measure, as the case requires;

(b)   whether the application is so similar to a previous application for the development or variation of a food regulatory measure that it ought not to be accepted;

(c)   whether costs that would arise from a food regulatory measure developed or varied as a result of the application outweigh the direct and indirect benefits to the community, Government or industry that would arise from the measure or variation;

(d)   whether other measures (available to the Authority or not) would be more cost-effective than a food regulatory measure developed or varied as a result of the application;

(e)   any other relevant matters.

This application fulfils the requirements for Initial Assessment because it relates to matters that may be developed as food regulatory measures or that warrant variations of food regulatory measures. Accordingly FSANZ has decided to accept the application and will now proceed to conduct a Draft Assessment and prepare a Draft Assessment report.

Full Report  [ pdf 241 kb ]