Ministerial Council Policy Guidelines

(as at October 2005)

The Ministerial Council formulates policy guidelines and notifies them to FSANZ.  FSANZ must publish the Guidelines on its website.  The notification of Guidelines is also published in FSANZ’s Annual Report.

In developing or reviewing food regulatory measures and variations of food regulatory measures, FSANZ must have regard to these Guidelines.

The Ministerial Council has notified the following Guidelines to FSANZ on the dates indicated:

Added Caffeine in Foods

In response to public concern about caffeine intake, particularly when consumed by vulnerable sub-groups such as children, the Ministerial Council has been considering the addition of caffeine to foods. The purpose of these Guidelines is to ensure that FSANZ, when considering issues relating to the addition of caffeine to foods, takes into consideration the principle of limiting the exposure of vulnerable individuals to foods containing caffeine.  FSANZ is to take account of specific higher order principles and other principles, and, until further evidence is available, maintain the status quo (as currently in place in Australia) for caffeine regulation.

Ministerial Policy Guidelines on the Addition of Caffeine to Foods    [ pdf  69 kb ]
  (notified to FSANZ on 30 April 2003):

Novel Foods

Novel foods are those foods that are non-traditional to Australia and New Zealand, and for which there has been no safety evaluation. Regulations concerning novel foods were incorporated into the  Code in June 2001.  However, a number of concerns with the existing Standard have been identified.  Accordingly, Ministers asked FSANZ to review the Standard and associated User Guide and to consider issues raised by stakeholders.  

A revised Standard will provide greater clarity about the process FSANZ undertakes in determining if a food is novel. The Ministerial Council has asked that the review of the Standard has industry, government and consumer input.

Ministerial Policy Guidelines on Novel foods   [ pdf  86 kb ] (as notified to FSANZ on 18 December 2003)

Assessment Reports relating to Proposal P291 – Review of Novel Food Standard, can be found at http://www.foodstandards.gov.au/standardsdevelopment/proposals/index.cfm.

Country of Origin

On 4 April 2003, the Ministerial Council agreed to a policy direction on mandatory country of origin labelling of food.  Ministers emphasised that this was not a public health and safety issue, as the safety of the food supply is assured through other means. The Ministerial Council’s support for country of origin labelling is on the grounds of enabling consumers to make informed choices.

At present there is a temporary arrangement in place for mandatory country of origin labelling to continue in Australia. In New Zealand, there has been long standing provision under fair trading legislation for voluntary country of origin labelling.

 Ministerial Policy Guidelines on Country of Origin Labelling of Food [ pdf 83  kb ] (as notified to FSANZ on 18 December 2003)

Assessment Reports relating to Proposal P292 – Country of Origin Labelling of Food, can be found at http://www.foodstandards.gov.au/standardsdevelopment/proposals/index.cfm.

Nutrition, Health and Related Claims

On 12 December 2003, the Ministerial Council endorsed a nutrition, health and related claims policy guideline.  The policy aims to ensure that the health and safety of the public is protected, whilst still allowing for food industry innovation and trade.  It does this by incorporating a number of elements designed to ensure that claims made on foods or in advertising are true, scientifically substantiated and not misleading.

As part of the discussion, the Ministerial Council considered the regulation of biomarker claims.  

Biomarker claims on foods be permitted under the following conditions:

i.        Maintenance claims will be subject to pre-market assessment and verification by FSANZ. Council requests FSANZ to report back at the May 2004 meeting on options to streamline processes for pre-market assessment and verification;

ii.       Enhancement claims will be subject to pre-market assessment and approval by FSANZ, and

iii.      Reference to serious disease will be subject to pre-market assessment and approval by FSANZ.

The Ministerial Council requested that FSANZ initiate the development of requirements for biomarker claims on food, as part of a new standard for nutrition, health and related claims in the Code.

These Guidelines were originally notified to FSANZ on 18 December 2003. The Guidelines were later amended by the Ministerial Council. The amendment related to a biomarker maintenance claim on food being treated in the same way as an enhancement claim.

 Ministerial Policy Guidelines on Nutrition, Health and Related Claims   [  pdf 150 kb] (notified to FSANZ on 2 July 2004)

Assessment Reports relating to Proposal P293 – Nutrition, Health & Related Claims, can be found at http://www.foodstandards.gov.au/standardsdevelopment/proposals/index.cfm.

Food Safety Management in Australia

On 12 December 2003, the Ministerial Council endorsed Guidelines to improve food safety management in Australia. These Guidelines include overarching principles and recommendations on which food business sectors should develop and implement mandatory food safety programs.

These Guidelines include overarching principles and recommendations on which food business sectors should develop and implement mandatory food safety programs. FSANZ is to amend Standard 3.2.1 – Food Safety Programs, to include the following sectors:

• food service, in which potentially hazardous food is served to vulnerable populations;
• producing, harvesting, processing and distributing raw oysters and other bivalves;
• catering operations serving food to the general public; and
• producing manufactured and fermented meat.

The end date for the national implementation of mandatory food safety programs for the four identified highest risk sectors is two years after the amendments to the Code are gazetted.

 Policy Guidelines on Food Safety Management in Australia: Food Safety Programs   [ pdf 210 kb ]  (notified to FSANZ on 18 December 2003)

Assessment Reports relating to:

Proposal P288 – Food Safety Programs for Food Service to Vulnerable Populations;

Proposal P289 – Food Safety Programs for the Producers of Manufactured & Fermented Meats;

Proposal P290 – Food Safety Programs for Catering Operations to the General Public;

These documents can be found at http://www.foodstandards.gov.au/standardsdevelopment/proposals/index.cfm.

Primary Production Standards

The reform of the Australian food regulatory system, driven by the November 2000 Council of Australian Governments Food Regulation Agreement included the transfer of responsibility for the development of primary production standards from the Agriculture and Resource Management Council of Australia and New Zealand to FSANZ. This is a key component of the new food regulation system in Australia.

The Model for Primary Production and Processing Standards and the FSANZ Primary Production and Processing Standards Protocol were endorsed by the Ministerial Council on 24 May 2002.  The Overarching Policy Guideline on Primary Production and Processing Standards was endorsed by the Ministerial Council on 28 June 2002.

These were originally notified to FSANZ on 9 July 2002.  Amendments have since been made to inconsistencies between the Guideline and FSANZ’s statutory requirements and to provide FSANZ the necessary scope to allow for the development of a basic set of food safety provisions for the entire primary production and processing sector.

Overarching Policy Guidelines on Primary Production and Processing Standards [ pdf 105 kb ]  (notified to FSANZ on Jiune 2006)

Model for the development of Primary Production and Processing Standards by FSANZ [ pdf 20 kb  ] (notified to FSANZ on 9 July 2002)

Protocol for the development of Primary Production and Processing Standards by FSANZ [ pdf 40 kb ]  (notified to FSANZ on 9 July 2002)

Assessment Reports relating to:

Proposal P265 – Primary Production & Processing Standard for Seafood;

Proposal P282 – Primary Production & Processing Standard for Poultry Meat;

Proposal P296 – Primary Production & Processing Standard for Dairy;

can be found at http://www.foodstandards.gov.au/standardsdevelopment/proposals/index.cfm.

Fortification

Ministers have provided guidance on the development of permissions for the addition of vitamins and minerals to food. The Guideline does not apply to special purpose foods, the formulation and presentation of which are governed by specific standards in Part 2.9 of the Code. There is no intention to review the current permissions.   

The Guideline does not apply to products that should be or are regulated as therapeutic goods. The Guideline assumes the continuation of a requirement for an explicit permission for the addition of a particular vitamin or mineral to particular categories of foods to be included within the Code, the majority of which are contained in Standard 1.3.2 – Vitamins and Minerals.  The Guideline covers both mandatory and voluntary fortification.

Ministerial Policy Guidelines on Fortification  [ pdf 115kb (notified to FSANZ on June 2006)

Policy Guideline on the Regulation of Residues of Agricultural and Veterinary Chemicals in Food.

Ministers have approved a Guideline to form a framework within which FSANZ is to consider alternative approaches to address the issues surrounding the current zero tolerance approach to the regulation of residues of agricultural and veterinary chemicals in food.

Policy Guideline on the Regulation of Residues of Agricultural and Veterinary Chemicals in Food [  word | pdf ]  (notified to FSANZ on 31 October 2006)

Policy Guideline on the Addition to Food of Substances other than Vitamins and Minerals

Ministers have approved a Guideline on the addition to food of substances other than vitamins and minerals.  For the purpose of this policy guideline a substance other than a vitamin and mineral is a substance which is:

• not intended to be consumed as a food in its own right (that is, goods which, in Australia or New Zealand, have a tradition of use as foods for humans in the form in which they are presented); and
• is intentionally added including an addition made solely for a technological purpose.

The Policy Guideline does not apply to special purpose foods the formulation and presentation of which are governed by specific standards in Part 2.9 of the Australia New Zealand Food Standards Code.

Policy Guideline on the Raddition to Food of Substances other than Vitamins and Minerals [PDF kb] (notified to FSANZ on 16 May 2008)