FOOD STANDARDS INFORMATION SERVICE

INFORMATION CIRCULAR 04/03

9 October 2002

INFORMATION ON FOOD STANDARDS AUSTRALIA NEW ZEALAND (FSANZ)

Information Papers including copies of the Reports for the applications or proposals referenced below can be accessed on the FSANZ (the Authority) website at www.foodstandards.gov.au  under [  Standards Developments ] and then [ Information Circulars  ] (links to the documents are contained in the relevant numbered Information Circular).   People without access to the internet should contact FSANZ at one of the addresses below to arrange alternate access to public documents:

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   (02) 6271 2241      Fax   (02) 6271 2278	Tel   (04) 473 9942        Fax   (04) 473 9855
Email:   info@foodstandards.gov.au	Email:   info@foodstandards.govt.nz

PROGRESS ON APPLICATIONS AND PROPOSALS

NOTICES.  The notice below was published on 9 October2002 in The Australian and  The New Zealand Herald newspapers as well as on the Food Standards Australia New Zealand website.

CALL FOR SUBMISSIONS - MATTERS GOING TO DRAFT ASSESSMENT

The Authority has made an Initial Assessment and accepted the following applications and has prepared the following proposal and will be making Draft Assessments of them. You are invited to present written submissions to the Authority on issues relevant to these matters by 20 November 2002.

• Application A472 - D-Tagatose as a Novel Food: a naturally occurring monosaccharide for use as an alternative sweetener claiming lower energy value.

• Application A475 - Hexose Oxidase Enzyme as a Processing Aid: enzyme produced using gene technology used in the making of bread and to limit browning in other foods.

• Proposal P256 - Review of Kava: examines use and safety of kava.

CALL FOR SUBMISSIONS - MATTERS GOING TO FINAL ASSESSMENT

After making a Draft Assessment of the following matters, the Authority has prepared draft food regulatory measures and will be conducting Final Assessments in relation to these drafts. You are invited to present written submissions to the Authority for consideration in the Final Assessment of these matters by 20 November 2002.

• Application A438 - Gamma Cyclodextrins as a Novel Food Ingredient/Additive: for use in manufacturing foods for stabilising emulsions, debittering and other applications.

• Application A466 - Transglucosidase Enzyme as a Processing Aid: to produce Isomalto-oligosaccharide sugar syrups.

REJECTION OF APPLICATION

The Authority has made a Draft Assessment of the following application and rejected it.   A statement of reasons for the decision is included in the assessment report.

• Application A432 - Mandatory Declaration of MSG by Restaurants & Food Outlets: examines whether requiring food businesses to declare the use of Monosodium glutamate is justified.

DECISIONS NOTIFIED TO COUNCIL

The Authority has made Final Assessments of draft standards and variations to standards in relation to the applications and proposals outlined below.   The Authority has approved the drafts under section 18 of the FSANZ Act 1991 and has given written notification of its approval to the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council).

• Application A445 - MRL for Ethylene oxide  (for dried herbs, spices and seasonings made from dried vegetables)s.37*

• Application A461 - MRLs (Feb-May 2002) *

A standard or variation approved by the Authority does not become legally enforceable until:

• the Ministerial Council has been notified of the standard or variation;
• the Ministerial Council process in relation to the standard or variation is finalised; and
• the Authority has fulfilled the publication requirements under the FSANZ Act 1991.  

Once the Authority has notified the Ministerial Council that it has approved the draft standard or variation, the Ministerial Council has 60 days to either request the Authority to review the approved standard or inform the Authority that it does not intend to request a review.

If the Ministerial Council requests a review, the Authority 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;
• to amend its approval; or
• withdraw its approval; and

give the Ministerial Council the Authority's reasons for its decision.

In accordance with these requirements the Authority has completed a first review and amended its approval in relation to:

• Proposal P154 - Labelling of Royal Jellys.37

If the Authority has not withdrawn its approval, the Ministerial Council has another 60 days to either request a second review or inform the Authority 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 the Authority 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 the Authority 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;

the Authority will publish a notice in the Commonwealth (published by FSANZ as the Food Standards Gazette) and New Zealand Gazettes and in newspapers stating when the standard or variation comes into effect.   The Authority 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.

*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.

s.37 Previously recommended to Council under s.37 of the ANZFA Act 1991as a matter of urgency in order to avoid compromising the objectives set out in subsection 10(1) (a) of the Act, namely the protection of public health & safety.

OTHER MATTERS

Joint Food Standards Code
The Australia New Zealand Food Standards Code (Volume 2) becomes the sole source of food standards for Australia and New Zealand on 20 December 2002.   While stock already in trade may be supplied beyond 20 December, food manufactured and packaged after this date must comply solely with the new joint Food Standards Code  for it to be lawfully supplied in Australia or New Zealand. To assist the food industry understand and meet the requirements of the Australia New Zealand Food Standards Code the Authority has made extensive information available on their website and established the Industry Helpline during the transition.   Any industry questions concerning the new Food Standards Code should be directed to:

Calling from Australia	1300 652 166
Calling from New Zealand	0800 441 571
By email	advice@foodstandards.gov.au