Information for Applicants
FOR APPLICATIONS RECEIVED BEFORE 1 OCTOBER 2007
Updated September 2007
Background
The process for amending the Australia New Zealand Food Standards Code (the Code) is prescribed in the Food Standards Australia New Zealand Act 1991 (the Act). Any individual or organisation, whether from within Australia, New Zealand or any other country, may make an ‘application’ to Food Standards Australia New Zealand (FSANZ) seeking to change the Code. FSANZ itself may also seek to change the Code by preparing a ‘proposal’. Open and transparent consultation with interested parties is a key element in the process involved in amending or varying the Code. In the case of both applications and proposals, there are usually two opportunities for interested parties to comment on proposed changes to the Code during the assessment process. However, the consultation process will differ for matters that are urgent or minor.
Outline of Process to Change the Australia New Zealand Food Standards Code
(Note: this process varies for matters that are urgent or minor in nature)
FSANZ Regulatory Objectives
FSANZ’s regulatory role specifically relates to food for human consumption sold in, or prepared for sale in, or imported into Australia and New Zealand. The Act sets out FSANZ’s objectives (in descending priority order) in developing food regulatory measures and variations of food regulatory measures as:
(a) the protection of public health and safety; and
(b) the provision of adequate information relating to food to enable consumers to make informed choices; and
(c) the prevention of misleading or deceptive conduct.
In developing food regulatory measures and variations of food regulatory measures, FSANZ must also have regard to the following:
(a) the need for standards to be based on risk analysis using the best available scientific evidence;
(b) the promotion consistency between domestic and international food standards;
(c) the desirability of an efficient and internationally competitive food industry;
(d) the promotion of fair trading in food;
(e) any written policy guidelines formulated by the Council for the purposes of this paragraph and notified to FSANZ.
How the Australia New Zealand Food Standards Code applies
The Governments of Australia and New Zealand entered an Agreement in December 1995 establishing a system for the development of joint food standards.In November 2000, the Prime Minister and State and Territory Heads of Government signed a new Inter-Governmental Food Regulation Agreement which contained a package of food regulatory reforms which arose from lengthy consideration of the recommendations of the Food Regulation Review Committee. An updated Agreement was signed in 2002 and supersedes the 2000 Agreement.
On 24 November 2000, Health Ministers, meeting as the Australia New Zealand Food Standards Council, agreed to adopt the Australia New Zealand Food Standards Code . The Code was gazetted on 20 December 2000 in both Australia and New Zealand as an alternate to existing food regulations until 20 December 2002, when it became the sole food code for both countries.It aims to reduce the prescription of existing food regulations in both countries, leading to greater industry innovation, competition and trade.
Confidential Commercial Material
Applicants may ask FSANZ to regard information supplied with an application as confidential commercial information as defined under the FSANZ Act. Confidential commercial information, in relation to food, means either a trade secret relating to food; or any other information relating to food that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed. Generally, the types of information regarded as confidential commercial information relate to manufacturing processes, innovative new products or marketing strategies. Only specific, limited sections of an application may be regarded as confidential commercial information – not an entire application, or the variations to the standards that are the object of the application
Applicants must request that material is treated as confidential, and justify why it should be considered to be confidential commercial information. The material should be separated from other Application documents (both electronically and in hard copy). FSANZ will consider any requests made and may seek further information from an applicant. FSANZ may, in part or in total, refuse any request for confidentiality. If it does refuse a request for confidentiality, applicants have the option of withdrawing their application in full or the relevant sections, as all information (other than confidential commercial material) provided in an application is placed on the public record.
The Work Plan
All applications are scoped, assigned an application number and placed onto the standards development Work Plan. Commencement of the formal assessment of the application will depend on the place the application occupies on the Work Plan. The Work Plan is available on the FSANZ WEBSITE at Work Plan or from the Information Officer.
Timeframes
The FSANZ Act requires FSANZ to make its decision within 12 months of the receipt of fees if the application is considered in the first year of the Work Plan e.g. where the applicant has elected to pay to have the application expedited) or for other applications, within 12 months from the time an Initial Assessment is made. This period does not include time taken by the applicant to provide additional information or fees (where applicable). This period can also be extended for up to six months in certain circumstances.
Costs
In some circumstances, cost-recovery fees apply to applications made to FSANZ. Fees apply where FSANZ has determined that the applicant would derive an ‘exclusive capturable commercial benefit’ from the sought change to the Code or, where an applicant chooses to pay a fee to expedite the application. Fees, when applicable, are paid in two stages:
For applications received from 27 August 2004 or where the initial assessment fee was paid after 27 August 2004 for an application received before 27 August 2004:
· Initial Assessment stage- flat fee of$4,000due when the application is lodged.
· Draftand Final Assessment stages–additional feeas specified in table below due after completion of the Initial Assessment, if the application is accepted.
The payment of the fee for Initial Assessment stage must be received before the Initial Assessment can commence, preferably at the time the application is lodged. Applicants will then be advised of the total amount of charges outstanding, including for both Draft Assessment and Final Assessment once the Initial Assessment is completed and the application has been accepted under section 13A of the FSANZ Act. The FSANZ Act requires that Applicants must pay all but the Final Assessment fee at that stage, in order for the application to proceed to Draft Assessment. Following Draft Assessment, Applicants will be required to pay the charges for Final Assessment, prior to any work on the Final Assessment being commenced.
Applicants may, however, exercise an option to pay the Draft and Final Assessment Fees as a single payment prior to the Draft Assessment being commenced.
(Fees are partially refundable, in accordance with the refunds policy, when the assessment of applications does not progress beyond certain stages.)
For applications received from 27 August 2004, the fees and charges are:
Category of Complexity | Initial Assessment Fees $AUD 1 | Draft AssessmentFees $AUD 1 | Final AssessmentFees $AUD | Total Fees $AUD 1 | Indicative Total Fees $NZ 2 |
1– up to 200 hours | $ 4,000 | $ 11,025 | $3,675 | $18,700 | $22,320 |
2– 201-300 hours | $ 4,000 | $ 17,100 | $5,700 | $26,800 | $30,550 |
3– 301-450 hours | $ 4,000 | $ 27,000 | $9,000 | $40,000 | $45,600 |
4 –451-650 hours | $ 4,000 | $ 41,250 | $13,750 | $59,000 | $67,260 |
5– 651-1050 hours | $ 4,000 | $ 65,250 | $21,750 | $91,000 | $103,740 |
6– more than 1050 hours | $ 4,000 | $113,250 | $37,750 | $155,000 3 | $176,7003 |
1. These fees are exempt from GST.
2. Fees are payable in Australian dollars. However, New Zealand applicants are able to pay fees in New Zealand currency, in which case the New Zealand dollar amount will be calculated on the official exchange rate on the day the fee is paid. The figures above are therefore only indicative, calculated on an exchange rate of $A1 = $NZ1.14.
3. Where the total number of hours exceeds 1850, the surcharge will apply for each completed 100 hour block of time calculated on 2.5% of the total for Category 6 (0.025 X $AUD155,000 = $AUD3875). If a block of 100 hours is not completed, no surcharge will apply.
Transparency
FSANZ’s processes are open to public scrutiny, and any applications and submissions received will ordinarily be placed on the public register of FSANZ and made available for inspection. If you wish any confidential commercial information contained in an application to remain confidential to FSANZ, you should clearly identify the sensitive information and provide justification for treating it in confidence. The FSANZ Act requires FSANZ to as confidential, trade secrets relating to food and any other information relating to food, the commercial value of which would be or could reasonably be expected to be, destroyed or diminished by disclosure. Confidential commercial information should not be lodged through the application facility on the FSANZ website.
Contact details for applicants and submitters are recorded so that FSANZ can continue to keep them informed about progress of the application.
Questions ?
Further information can be obtained on the FSANZ website www.foodstandards.gov.au or questions in relation to making applications can be directed to the Standards Management Officer at the above address or by email to: slo@foodstandards.gov.au