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FOOD STANDARDS NOTIFICATION SERVICE

NOTIFICATION CIRCULAR 12-03

8 October 2003

This Notification Circular includes notices that are required to be given to the public, submitters and appropriate government agencies, under the Food 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 and proposals mentioned below, including assessment reports and - where applicable - reasons for decisions, can be accessed on the FSANZ website atwww.foodstandards.gov.au  under   <StandardsDevelopment> and then (links to the documents are contained in the relevant numbered Notification Circular). Persons may contact FSANZ at one of the addresses below to arrange alternative access to these 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 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

NOTICES.  The notice below was published on 8 October 2003 in The Australianand The New 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 Initial Assessments of them; will make Draft Assessments of these Applications; and invites written submissions on matters relevant to the Applications to be made to FSANZ by 19 November 2003:

FSANZ received an application for the development or variation of the following food regulatory measure; accepted the Application after making an Initial Assessment of it; and will make a Draft Assessment of this Application. FSANZ has decided, pursuant to section 36 of the Food Standards Australia New Zealand Act 1991 to omit to invite public submissions for the purposes of section 14 in relation to the Application prior to making a Draft Assessment because it was satisfied that the Application raised issues of minor significance or complexity only.

INITIAL ASSESSMENT - PROPOSALS s.14A(1)

FSANZ has prepared Proposals for the development or variation of the following food regulatory measures; will make Draft Assessments of these Proposals; and invites written submissions on matters relevant to the Proposals to be made to FSANZ by 19 November 2003:

DRAFT ASSESSMENT – APPLICATIONSs.17(2), s.17A(2)

FSANZ has prepared draft food regulatory measures or variations for the following Applications; will make a Final Assessment in relation to each of these drafts; and invites written submissions for the purpose of making a Final Assessment by 19 November 2003 and by 5 November 2003 for  Application A454 only:

*  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 the Administrative 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.

DRAFT ASSESSMENT – PROPOSALS  s.17AA(1), s.17AB(1)

FSANZ has prepared draft food regulatory measures or variations for the following Proposals; will make a Final Assessment in relation to each of these drafts; and invites written submissions for the purpose of making a Final Assessment by 19 November 2003:

FINAL ASSESSMENT AND COUNCIL NOTIFICATION – APPLICATIONS AND PROPOSALS – DRAFT STANDARDS  s.19(1), s.20(4A)

After making Final Assessments in relation to draft standards or variations for the following Applications and Proposals, FSANZ decided to approve the drafts under section 18 of the FSANZ Act. FSANZ has given the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written notification of this approval:

 

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:

 

 

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:

 

 

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:

 

FSANZ 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. 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.

MINISTERIAL COUNCIL REVIEW PROCESS – APPROVED DRAFT STANDARDS  s.21 - 23

In accordance with these requirements, FSANZ has completed its First Review in relation to the following Proposal and re-affirmed its approval of the approved draft Standard, subject to amendments. FSANZ has given the Ministerial Council written notification of this approval:

OTHER MATTERS

Amendment 68 Published

Amendment 68 to the Australia New Zealand Food Standards Code was published by FSANZ on 18 September 2003.   It included amendments resulting from the following Application and Proposal:

New Standards Liaison Officer

Mrs Cathie Humphries has replaced Mr Peter Wallner as Standards Management Officer. She can be contacted on +61 2 6271 2280 or slo@foodstandards.gov.au .