FOOD STANDARDS INFORMATION SERVICE

INFORMATION CIRCULAR 09/03

21 May 2003

Information Papers including copies of the Reports for 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

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 21 May2003 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 these matters and you are invited to present written submissions to the Authority on them by 2 July 2003 .

• Application A469 - Saccharin and Cyclamate in Water Based Flavoured Drinks: seeks to increase the maximum permitted levels of saccharin and cyclamate in water-based flavoured drinks. [received 6/6/2002]
  
  
• Application A485 - Extension of Stock-In-Trade Provisions for the Labelling of Wine:seeks to extend the Stock-in-Trade provisions for wine and wine products indefinitely. [received 7/11/2002] 
  
  
•  Application A474 – Winemaking:seeks to update the lists of food additives and processing aids which winemakers are permitted to use.   It also seeks to standardise the terminology used in Standard 4.1.1 – Wine Production Requirements (Australia only). [received 24/6/2002]
  
  
• Application A493  – Iodine as a Processing Aid:seeks approval for the use of iodine as a washing agent to sanitise food, particularly fresh produce. [received 21/2/2003]

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

2 July 2003

• Application A472  – D-Tagatose as a Novel Food:to permit this naturally occurring monosaccharide for use as an alternative sweetener claiming lower energy value.
  
  
• Application A477 – MRLs (Oct – Dec 2002) # *
  
  
• Application A486  -   MRLs (Jan – Mar 2003) # *
  
  
• Application A484 – ‘Yieldgard’ Insect Protected Corn Containing Event MON863: seeks to permit a corn seed genetically modified to protect against rootworm in food.
  
  
• Proposal P275 – Extension of Folate/Neural Tube Defect Health Claim: seeks to extend, until 13 February 2006, the temporary provision which currently allows the folate/neural tube defect (NTD) health claim to be used on approved products until 13 February 2004.#

#  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 toAustralia onlystandards 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 matters 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 A446 – Insect Protected/Glufosinate-ammonium Tolerant Corn Line 1507
  
  
• Application A453 – Trehalose as a Novel Food Ingredient
  
  
• Application A467 – Alpha-Amylase as a Processing Aid
  
  
• Proposal P266  – Minor Amendments Omnibus (IV) #

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 P262 – Minor Amendments Omnibus III :  (aspect relating to Standard 2.9.2 -   Foods for Infants – Exemption from Mandatory Labelling of Sodium)

FSANZ will conduct a single round of public consultation and invites written submissions from interested individuals and organisations on this First Review prior to further consideration by the Ministerial Council. You are now invited to make written comments to the Authority about issues raised in the First Review Report by18 June 2003.

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.