FOOD STANDARDS INFORMATION SERVICE
INFORMATION CIRCULAR 08/03
19 March 2003
Information Papers including copies of the Reports for applications or proposals referenced below can be accessed on the FSANZ (T he Authority) website atwww.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 |
General questions on the work of the Authority should be directed to the Information Officer at the address above. Queries concerning the matters in this Circular or the application or submission processes should be directed to the Standards Liaison Officer at slo@foodstandards.gov.au .
PROGRESS ON APPLICATIONS AND PROPOSALS
NOTICES. The notice below was published on 19 March2003 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. The Authority will be making a Draft Assessment of the matters and you are invited to present written submissions to the Authority on this by 30 April 2003 .
- Application A433 –Phytosterol Esters in Fibre Increased Bread and Cereal Bars: seeking approval for the use of phytosterol esters derived from vegetable oils as a novel food ingredient in fibre increased bread and breakfast cereal bars. [Received 9/2/2003]
- Application A434 –Phytosterol Esters in Low Fat Milk and Low Fat Yogurt: seeking approval for the use of phytosterol esters derived from vegetable oils as a novel food ingredient in low fat milks and yoghurts. [Received 15/2/2001]
- Application A454 – Bacillus Cereus Limits in Infant Formula: to reduce maximum limits for the bacteria Bacillus cereus in infant formula to allow for seasonal variation in supplementary stock feed experienced particularly in New Zealand. [Received 21/9/2001]
- Application A464 –Definition of the Term ‘Whole-Grain’: seeks to broaden the current definition of the term ‘whole-grain’. [Received 6/12/2001]
- Application A476 – Acidified Sodium Chlorite as a Processing Aid: seeks to permit the use of acidified sodium chlorite as an anti-microbial intervention/processing aid for use on raw poultry, red meats and raw or cooked comminuted or formed meat products during processing.[Received 10/9/2002]
- Application A492 -LysophospholipaseEnzyme as a Processing Aid: to improve the filterability and process efficiencies during the production of glucose syrups and maltodextrins from the hydrolysis of wheat starch. [Received 14/1/2003]
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 a Final Assessment 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 30 April 2003 and by 16 April 2003 for P273 only.
- Application A452 – “Twinsweet” Aspartame-Acesulphame Salt: seeks to permit the use of the product ‘TwinSweet’, a chemical combination of aspartame & acesulfame-K in food products as an intense sweetening agent. [Received 14/9/2003]#
- 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 P273 – Intense Sweeteners in Jelly: intends to resolve unforeseen anomalies between the use of cyclamate and saccharin by jelly manufacturers and current Code permissions#
# Indicates matters progressed with one round of public consultation under s.36 of the FSANZ Act 1991 as the Authority was satisfied that they raised issues of minor significance or complexity only. Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal, for review of the decision (under section 36) by a person whose interests are affected by 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.
DECISIONS NOTIFIED TO COUNCIL
The Authority has made Final Assessments of draft standards and variations to standards in relation to the applications outlined below. The Authority has approved the drafts under section 18 of the FSANZ Act and has given written notification of its approval to the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council).
- Application A438 – Gamma Cyclodextrin as a Novel Food
- Application A466 – Transglucosidase Enzyme as a Processing Aid
- Application A468 – MRLs (June - Sept 2002) # *
- Application A478 – Deletion of Endosulfan MRLs for Certain Brassica & Leafy Vegetables # *
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.
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 P239 – Listeria Risk Assessment and Risk Management Strategy
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 ZealandGazettes 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.
APPLICATION WITHDRAWN
The following application has been withdrawn by the applicant:
- Application A429–Hydrogen Peroxide as a Processing Aid
OTHER MATTERS
Amendment 65 Published
Amendment 65 to the Australia New Zealand Food Standards Code was published by the Authority on 27 February 2003. It includes amendments resulting from the following applications and proposal:
- Application A404 – Lactoperoxidase System
- Application A443 – Irradiation of Tropical Fruit
- Application A458 – Glucose oxidase as a Processing Aid
- Proposal P238 – BSE Risk Assessment and Risk Management Strategy
The FSANZ Standards Workplan
The amendments to the FSANZ Act and Regulations provide for a standards development Workplan and cost recovery in some situations. One of the key objectives of the Workplan is to provide a realistic, transparent and equitable basis for allocating resources to standards work.
The Workplan is published quarterly on the FSANZ Website at