2007 Amendments to the FSANZ Act including New Assessment Procedures
As at 1 July 2007
Major amendments to the Food Standards Australia New Zealand Act 1991 passed the Australian Parliament on 20 June 2007.
These amendments will affect how Food Standards Australia New Zealand (FSANZ) will assess applications and proposals to amend the Australia New Zealand Food Standards Code from 1 October 2007. A key amendment relates to applications, whereby all applications will be required to include certain minimum information as detailed in the FSANZ Act and in the Application handbook.
These requirements seek to address the shortcomings in the previous FSANZ Act which provided little guidance about application requirements. Applications received by FSANZ often do not contain sufficient information to enable them to be properly assessed. This has often led to delays in assessments while we await further information from the applicant to enable an assessment to proceed.
The Handbook contains details of assessment processes, cost-recovery, confidentiality, application templates, information required to be supplied as part of an application and other information. We carried out widespread consultation with industry stakeholders, our regulatory partners and other interested organisations and individuals in the development of this Handbook.
We will be able to reject an application if it does not meet the information requirements set out in Part 3 of the Handbook.
We are currently developing a web-based application format for the Handbook which should be ready for use by potential applicants on 1 October 2007.
For queries on the amendments or the application process, please contact Cathie Humphries on +61 2 6271 2280 or at amendments@foodstandards.gov.au .
We have prepared a PowerPoint presentation highlighting the key changes to the FSANZ Act for use by individuals or organisation, which can be accessed here
Background to the changes
In November 2000, the Council of Australian Governments (COAG) agreed to a new food regulatory system in November 2000 in response to the recommendations of the Food Regulation Review (the Blair Report). The reforms have resulted in a nationally focussed food regulatory system for Australia that aims to enhance public health and safety. The package included a new food regulation system, an Inter-Governmental Agreement on food regulation signed by COAG, and a Model Food Act. New Zealand also joined the system by way of a Treaty between the two countries.
In July 2001, amendments to implement these changes were made to the then Australia New Zealand Food Authority Act 1991, including renaming the Act the Food Standards Australia New Zealand Act 1991.
Since then, a need to make further improvements to the food regulatory processes has been identified. In 2004, the Food Regulation Standing Committee (FRSC) established a Working Group to advise on reducing delays in FSANZ’s assessment and approval processes. After public consultation, FRSC presented its report to the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) for consideration at its meeting in October 2005. After extensive consultation, Ministers agreed to a number of measures to assist FSANZ to expedite food standards development, that required amendments to the FSANZ Act.
New and stricter timeframes for dealing with applications is an integral part of the latest reform measures. These timeframes will be prescribed in Regulations. As a counterbalance, applicants will be required to provide supporting information at the start of the process – to facilitate more efficient and expeditious handling of the application.
Application Handbook
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 we can reject the application after a 15-day ‘Administrative Assessment’.
Processing Applications
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 and the Procedure by which it should be assessed.
Applications are then assessed under one of three Procedures – General , Minor or Major
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.
Statutory Timeframes
Click here for information on 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
Click here for Information on the withdrawal of Applications
Rejection of an Application
Click here for Information on the rejection of Applications