Rejection of an Application

Rejection of an application can occur at a number of stages in the assessment process:

1.        By FSANZ – at the conclusion of Administrative Assessment stage when a decision is taken to accept an application or not.   The grounds for rejection are:

• whether the application complies with the requirements of Part 3 of the Assessment Handbook
• whether the application relates to a matter that may be developed as a food regulatory measure, or that warrants the variation of a food regulatory measure;
• whether the application is so similar to a previous application or proposal for the development or variation of a food regulatory measure that it ought to be rejected;
• any other relevant matter.

If the application is a paid application and is rejected, fees may be partially refundable, in accordance with the FSANZ Regulations.

2.        By FSANZ – when fees due for an application with an ECCB have not been received.   The grounds for rejection are:

• if the charge is not paid within 20 business days of the notification of the acceptance of an application.

Rejection in this case does not preclude the application from being re-submitted to FSANZ.

3.        By  FSANZ – at the completion of the Assessment or Approval stages.   The grounds for rejection are:

· 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 development or variation of the food regulatory measure;

• whether other measures would be more cost-effective than a food regulatory measure developed or varied as a result of the application;
• any relevant New Zealand standards;
• submissions made to FSANZ;
• any other relevant matters, including the objectives of the FSANZ in developing food regulatory measures and variations of those measures (s.18 of the FSANZ Act).

If the application is a paid application and is rejected, fees may be partially refundable, in accordance with the FSANZ Regulations.

4.        By the Ministerial Council – after a request to FSANZ for a review of a decision.   The grounds for rejection of a draft variation or standard (from the Inter-Governmental Agreement and the Treaty between Australia and New Zealand on the joint food standards system) are:

• it is not consistent with existing Ministerial Council policy guidelines;
• it is not consistent with the objectives of the FSANZ Act;
• it does not protect public health and safety;
• it does not promote consistency between domestic and international standards where these are at variance;
• it does not provide adequate information to enable informed choice;
• it is difficult to enforce or comply with in both practical or resource terms;
• it places an unreasonable cost burden on industry or consumers.