Information for Applicants
Assessment Procedures
All applications are subject to an ‘Administrative Assessment’ on receipt by FSANZ. The main purpose of the Administrative Assessment is to determine whether the application meets the application requirements as outlined in the Application Handbook and the Procedure by which it should be assessed.
Applications are then assessed under one of three Procedures – General, Minor or Major .
Draft variations approved by the FSANZ Board are then notified to the Ministerial Council.
In relation to applications, an application to amend the Australia New Zealand Food Standards Code (the Code), must:
(a) be in writing; and
(b) be in the form specified in the Application Handbook and
(c) include all of the information and other details as indicated in the Application Handbook; and
(d) identify the assessment procedure that, in the applicant’s view, applies to the consideration of the application.
If the information requirements are not met, then FSANZ can reject the application after a 15-day ‘Administrative Assessment’.
Rejection will not preclude the applicant or anyone else from lodging the application again in the future, addressing the missing information.
Making an application
Application Inquiries
Application inquiries must be directed to the Standards Management Officer by email to standards.management@foodstandards.gov.auor telephone: +61 2 6271 2280.
Applicants are strongly advised to consult with FSANZ prior to submitting an application to ensure that the application contains all the necessary information relevant to the proposed variation to the Code. This can be done via teleconference, video link or at a face-to-face meeting. Please contact the Standards Management Officer to make arrangements.
Applicants must ensure that their applications meet any requirements laid out in the relevant guidelines set out in Part 3 of the Application Handbook.
Lodging an Application
Ideally, (if under 3 MB, or via a Zip file if larger than 3 MB) applications can be emailed to standards.management@foodstandards.gov.au with the hard copy sent by post or courier to the ‘Standards Management Officer’ at the following address:
Food Standards Australia New Zealand
PO Box 7186
CANBERRA BC ACT 2610
AUSTRALIA
Applications should be clearly identified with the word ‘Application’ and follow the stipulated form prescribed in Part 3.1.1 of the Application Handbook.
Information Requirements for an Application
Applications must contain the information specified in the relevant parts of Part 3 of the Application Handbook.
For further details regarding the use of Part 3, please refer to Section 1.4 – Navigating the Application Handbook ..
For further details in relation to the data quality, please refer to Section 3.1.5 – Information to support the Application.
Fees
When do fees apply?
FSANZ does not charge a fee for the assessment of an application unless either:
- FSANZ determines that an applicant has an exclusive capturable commercial benefit (ECCB); or
- an applicant wishes work to start on the assessment immediately, rather than according to the anticipated timeframes established as part of the Administrative Assessment.
Applications with an Exclusive Capturable Commercial benefit
Where an application is likely to result in an amendment to the Code that provides exclusive benefits to the applicant, the application is considered to confer an ‘exclusive capturable commercial benefit’ (ECCB) and the applicant is required to pay the full cost of processing their application..
Section 8 of the FSANZ Act provides
An exclusive, capturable commercial benefit is conferred upon a person who applies for the development of a food regulatory measure or the variation of a food regulatory measure under section 22 if:
(a) the applicant can be identified as a person or body that may derive a financial gain from the coming into effect of the draft standard or draft variation of the standard that would be prepared in relation to the application; and
(b) any other unrelated persons or bodies, including unrelated commercial entities, would require the agreement of the applicant in order to benefit financially from the approval of the application.
When are fees payable?
Fees are determined as part of the Administrative Assessment process. Fees are payable after the applicant has been formally notified of FSANZ’s decision in relation to the appropriate assessment Procedure under s.27 of the FSANZ Act.
The full cost-recovery charge for applications with an ECCB being considered under either the General or Minor Procedures must be paid within 20 business days after the above notification has issued. The application is rejected if payment is not received by FSANZ within the 20 days. In the case of applications being considered under the Major Procedure, the fees may either be paid in full or in two instalments of 25% and 75% of the full cost-recovery charge. If either the full charge or the 1st instalment of 25% of the full charge is not received within the 20 days, the application is rejected. Payment of the 2nd instalment of 75% of the full charge will be due on the date submissions for the first round of public comment close.
In circumstances where an applicant wishes FSANZ to expedite work on the assessment of an application being considered under either the General or Minor Procedures, FSANZ must receive the full cost recovery fees. Work will not commence on the application until the full cost-recovery charge is paid.
In the case of applications being considered under the Major Procedure, the fees may either be paid in full or in two instalments of 25% and 75% of the full cost-recovery charge. Work will not commence on the application until either the full cost-recovery charge or the 1st instalment of 25% of the full charge is paid. Payment of the 2nd instalment of 75% of the full charge will be due on the date submissions for the first round of public comment close.
In any case where the 2nd instalment of fees are owing, FSANZ will not work on the application until the 2nd instalment is paid.
Generally, fees must be paid in Australian dollars. However, New Zealand applicants may pay fees in New Zealand currency, the amount of which will be calculated using the official exchange rate on the day the fee is paid.
Fees will be partially refundable, in accordance with the FSANZ Regulations. The fees are exempt from GST.
Fees are indicated in the table below:
Procedure
Hours
Total Fees $AUD 1
Indicative Total Fees $NZ *
Minor Procedure
Up to
175 hours
$18,725
$22,470
General Procedure
Up to
500 hours
$53,500
$64,200
Up to
850 hours
$90,950
$109,140
Major Procedure
Up to 1050 hours
$112,350
$134,820
More than 1050 hours**
$112,350+**
Procedure | Hours | Total Fees $AUD 1 | Indicative Total Fees $NZ * |
Minor Procedure
| Up to 175 hours | $18,725 | $22,470 |
General Procedure
| Up to 500 hours | $53,500 | $64,200 |
Up to 850 hours | $90,950 | $109,140 | |
Major Procedure | Up to 1050 hours | $112,350 | $134,820 |
| More than 1050 hours** | $112,350+** |
|
* The figures above are therefore only indicative, calculated on an exchange rate of $AUD1 = $NZ1.20.
** If FSANZ determines, under the FSANZ Regulations, that the complete assessment of the application is likely to require more than 1050 hours, a surcharge of $AUD107 per hour will apply for each completed hour.
How to pay Fees
Payment of fees can be made by direct deposit (preferred) or by cheque. Direct deposits should be directed to:
Commonwealth Bank of Australia
84 Giles Street
KINGSTON ACT 2604
BSB: 062-910
Account No.: 1000 8279
Account Name: Food Standards Australia New Zealand (AXXXX)
Cheques should be made payable to Food Standards Australia New Zealand (AXXXX) and sent to:
Finance Department
Food Standards Australia New Zealand
PO Box 7186
CANBERRA BC ACT 2610
AUSTRALIA
Community involvement and consultation during the assessment process
Community involvement is a vital part of the standards development process. Public consultation is a two-way process. To consult effectively, we need to provide stakeholders with the necessary information about the processes and issues pertinent to each application and proposal. Our Community Involvement Policy and Protocol sets out our commitment to involving the community in its processes.
The FSANZ Act and the associated Regulation require FSANZ to make its decisions relating to applications within stipulated periods of time, depending on the Procedure into which an application has been placed.
Withdrawal of Applications
Information on thewithdrawal of Applications
Rejection of an Application
Information on therejection of Applications
Additional guidance documents for applications here
Information Relating to Applications lodged with FSANZ prior to 1 October 2007 here
Useful links:
Consultation opportunities on amendments to the Application Handbook