FOOD STANDARDS NOTIFICATION SERVICE

NOTIFICATION CIRCULAR 1-04

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 at www.foodstandards.gov.au under <StandardsDevelopment> and then <NotificationCirculars> (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 Liaison Officer at slo@foodstandards.gov.au .

PROGRESS ON APPLICATIONS AND PROPOSALS

NOTICES.  The notice below was published on 18 February 2004 in The Australian and The New Zealand Herald newspapers as well as on the Food Standards Australia New Zealand website.

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 31 March 2004 for Applications A516, A517, A522 and A525 and by 12 April 2004 for Application A524:

• Application A516 – Lipase from Candida cylindracea as a Processing Aid (Enzyme):   to permit the use of a new microbial source for triacylglycerol lipase sourced fromCandida cylindracea.   [Received 6 November 2003]
  
  
• Application A517 – Lipase from Mucor javanicus as a Processing Aid (Enzyme):   to permit the use of a new microbial source for triacylglycerol lipase sourced fromMucor javanicus.   [Received 6 November 2003]
  
  
• Application A522 – DHA-rich Micro-algal Oil from Ulkenia sp. as a Novel Food:   to permit the use of DHA-rich micro-algal oil from Ulkeniasp. as a novel food ingredient.   [Received 5 December 2003]  
  
  
• Application A524 – Food derived from Herbicide-tolerant Wheat MON71800:   to permit the use in food of wheat genetically modified to provide resistance to glyphosate.   [Received 12 January 2004]  
  
  
• Application A525 – Food derived from Herbicide-tolerant Sugar Beet H7-1:   to permit the use in food of sugar beet genetically modified to provide resistance to glyphosate.   [Received 12 January 2004]  

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, 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 this approval:

• Application A454 – Bacillus cereus Limits in Infant Formula
  
  
• Application A459–Geographic Indications to describe Spirits
  
  
• Application A463–Copper Citrate as a Processing Aid in Wine
  
  
• Application A472–d-Tagatose as a Novel Food
  
  
• Application A481–Food derived from Glufosinate Ammonium-tolerant Soybean Lines A2704-12 and A5547-127
  
  
• Application A482–Plant Proteins as Wine Processing Aids
  
  
• Application A492–Lysophospholipase as a Processing Aid (Enzyme)

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 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.

APPLICATION WITHDRAWN [s.12A(2)

The following Application has been withdrawn by the Applicant:

• Application A465–Animals & Pests.

 

OTHER MATTERS

Amendment 69 published

Amendment 69 to the Australia New Zealand Food Standards Code was published by FSANZ on 17 December 2003.   It included amendments resulting from the following Applications and Proposals:

• Application A452 – Aspartame / Acesulphame Salt
  
  
  
• Application A477 – MRLs (October, November, December 2002)
  
  
  
• Application A484 – Food derived from Insect-protected Corn containing Event MON863
  
  
  
• Application A486 – MRLs (January, February, March 2003)
  
  
  
• Proposal P262 – Minor Amendments Omnibus III
  
  
  
• Proposal P273 – Intense Sweeteners in Jelly
  
  
  
• Proposal P275 – Extension of Folate NTD Pilot