FOOD STANDARDS NOTIFICATION CIRCULAR
[3-06]
31 May 2006
This Notification Circular includes notices that are required to be given to the public, submitters and appropriate government agencies, under theFood Standards Australia New Zealand Act 1991(FSANZ Act). All references below to sections of legislation, are to the FSANZ Act unless otherwise indicated.
Further information about the applications, proposals and other matters mentioned below, including assessment reports and – where applicable – reasons for decisions, can be accessed on the FSANZ website at www.foodstandards.gov.au under <StandardsDevelopment>,then <Documents for Public Comment>and then
The Information Officer | The Office Administrator |
Food Standards Australia New Zealand | Food Standards Australia New Zealand |
PO Box 7186 | PO Box 10559 |
CANBERRA BC ACT 2610 | WELLINGTON 6036 |
AUSTRALIA | NEW ZEALAND |
Tel +61 2 6271 2241 Fax +61 2 6271 2278 | Tel +64 4 978 5630 Fax +64 4 473 9855 |
Email: info@foodstandards.gov.au | Email: info@foodstandards.govt.nz |
General questions on the work of FSANZ should be directed to the Information Officer at the address above. Queries concerning the matters in this Circular or application or submission processes should be directed to the Standards Management Officer at slo@foodstandards.gov.au .
PROGRESS ON APPLICATIONS AND PROPOSALS
Details on Final Assessments, notifications to Council, Council processes and Gazettals from the notice below were published on 31 May 2006 in The AustralianandT heNew Zealand Herald newspapers as well as on the Food Standards Australia New Zealandwebsite.
INITIAL ASSESSMENT – APPLICATIONS [s.14(1)]
FSANZ received Applications for the development or variation of the following food regulatory measures; accepted the Applications after making an Initial Assessment of them; will make Draft Assessments of these Applications; and (with the exception of Applications A551, A572 and A579), invites written submissions on matters relevant to the Applications to be made to FSANZ by 6pm (Canberra time) 12 July 2006 :
- Application A532 – Ratio of Long Chain Polyunsaturated Fatty Acids in Infant Formula Products: to remove the prescribed ratio of total long chain omega 6 series fatty acids to total long chain omega 3 series fatty acids (when added). [Received 27 February 2004]
- Application A551 – Amendments to Standard 4.5.1 – Wine Production Requirements: to amend Standard 4.5.1 to correct errors and/or harmonise with international wine making requirements. These amendments are of a minor nature. [Received 5 November 2004] *#
- Application A572 – Maximum Residue Limits (October, November, December 2005)*#
- Application A579 – Country of Origin – Print Size for Unpackaged Food in Display Cabinets: to vary the print size requirement for signs associated with unpackaged product when declaring Country of origin (currently 9 mm print - application to remove requirement and revert to legibility requirement) [Received 10 March 2006] *
- Application A580– Food derived from Amylase-Modified Corn Line 3272: To seek permission for food derived from corn genetically modified for fuel ethanol production. [Received 22 March 2006]
DRAFT ASSESSMENT – APPLICATIONS[s.17(2), s.17A(2)]
FSANZ has prepared draft food regulatory measures or variations for the following Applications; will make Final Assessments in relation to each of these drafts; and invites written submissions for the purpose of making a Final Assessment by 6pm (Canberra time) 12 July 2006 :
- Application A551 – Amendments to Standard 4.5.1 – Wine Production Requirements: to amend Standard 4.5.1 to correct errors and/or harmonise with international wine making requirements. These amendments are of a minor nature.*#
- Application A569 – Lipase from Hansenula polymorpha as a Processing Aid (Enzyme): to seek the approval for a new microbial source for triacylglycerol lipase produced from a genetically modified strain ofHansenula polymorpha for use in bread-making.
- Application A572 – Maximum Residue Limits (October, November, December 2005)*#
FINAL ASSESSMENT AND COUNCIL NOTIFICATION – APPLICATIONS AND PROPOSALS – DRAFT STANDARDS [s.19(1), s.20(4A)]
After making Final Assessments in relation to draft variations for the following Applications and Proposal, FSANZ decided to approve the draft variations under section 18 of the FSANZ Act. FSANZ has given the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written notification of these approvals:
- Application A519 – Lipase from Penicillium roquefortii as a Processing Aid (Enzyme)
- Application A546 – Tara Gum as a Food Additive
- Application A548 – Food from Corn Rootworm-protected & Glyphosate-tolerant Corn MON 88017
- Application A561 – Phospholipase A1 as a Processing Aid
- Application A564 – Food derived from Insect-protected Corn Line MIR604
- Application A568 – Maximum Residue Limits (July, August, September 2005)#
- Proposal P271 – Liqueur Definition
EFFECT OF DIVISIONS 3 AND 4 OF PART 3 OF THE FSANZ ACT
A standard or variation approved by FSANZ does not become legally enforceable until:
- the Ministerial Council has been notified of the standard or variation; and
- the Ministerial Council process in relation to the standard or variation is finalised; and
- FSANZ has fulfilled the publication requirements under the FSANZ Act.
Once FSANZ has notified the Ministerial Council that it has approved the draft standard or variation, the Ministerial Council has 60 days to either request FSANZ to review the approved standard or inform FSANZ that it does not intend to request a review.
If the Ministerial Council requests a review, FSANZ must, within 3 months (or longer if the Ministerial Council allows), complete the review and notify the Ministerial Council of a decision to either:
- maintain its original approval; or
- to amend its approval; or
- withdraw its approval; and
give the Ministerial Council FSANZ’s reasons for its decision.
If FSANZ has not withdrawn its approval, the Ministerial Council has another 60 days to either request a second review or inform FSANZ that it does not intend to request a second review. If the Ministerial Council requests a second review, the procedures and timeframe are the same as for the first review. Once an approved standard has been reviewed twice, the Ministerial Council has 60 days to inform FSANZ that the Council does not intend to amend or reject the approved standard, or to amend or reject the approved standard.
If the Ministerial Council informs FSANZ that:
- it does not intend to request a review of the approved standard; or
- it does not intend to amend or reject the approved standard; or
- it has amended the approved standard after the second review;
FSANZ will publish a notice in the Commonwealth (published by FSANZ as theFood Standards Gazette) and New ZealandGazettesand in newspapers stating when the standard or variation comes into effect. FSANZ will also publish this notice along with the text of the standard on the FSANZ website and make copies of these available for inspection by the public. The standard becomes legally effective on the date specified in the notice.
OTHER MATTERS
FSANZ is required under s.10A of the FSANZ Act to develop and publish a three-year forward plan for applications, proposals and types of applications and proposals on which it intends to develop standards or variations to standards.
In developing this three year forward plan, FSANZ must consult interested persons not later than 30 June in each year. Written submissions are therefore invited on the Work Plan by
21 June 2006. Submissions should be addressed to one of the addresses below:
Standards Management Officer Standards Management Officer
Food Standards Australia New Zealand Food Standards Australia New Zealand
PO Box 7186 PO Box 10559
CANBERRA BC ACT 2610 WELLINGTON 6036
AUSTRALIA NEW ZEALAND
Email: slo@foodstandards.gov.au Email: slo@foodstandards.gov.au
Gazettal of Amendment No. 86
Amendment No. 86 to the Australia New Zealand Food Standards Code was published by FSANZ on 25 May 2006 (FSC 28). It included amendments resulting from the following Applications:
- Application A517 – Lipase fromMucor javanicusas a Processing Aid (Enzyme)
- Application A556 – Maximum Residue Limits (January, February, March 2005)
- Application A559 – Maximum Residue Limits (April, May, June 2005)
Feasibility Study on Country of Origin Labelling#
The Feasibility Study into Extending Country of Origin Labelling to Selected Packaged Fruit or Vegetable Whole Food Produce has been considered by the Ministerial Council and is now available on the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/proposals/proposalp292countryo2452.cfm
* Indicates a matter in relation to which FSANZ has decided not to hold a round of consultation between Initial and Draft Assessment, as it is satisfied that omitting to hold such consultation will not have a significant adverse effect on the interests of anyone/the Application raises issues of minor significance or complexity only (s. 36(1C)). A person whose interests are affected by this decision may: subject to theAdministrative Appeals Tribunal Act 1975, make an application to the Administrative Appeals Tribunal for review of FSANZ’s decision; and except where subsection 28(4) of that Act applies, in accordance with section 28, may apply for a statement in writing setting out the findings of material questions of fact, referring to the evidence or other materials on which those findings were based and giving the reasons for the decision.
# These matters relate to ‘Australia only’ standards that are not part of the joint regulatory arrangements with New Zealand. However, food from Australia complying with these standards may be supplied in New Zealand. Anyone may provide submissions in relation to these matters, if the matter is open for public comment.
