FOOD STANDARDS NOTIFICATION SERVICE
NOTIFICATION CIRCULAR [1-05]
9 February 2005
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, proposals and other matters 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 <Documents for Public Comment>. 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 +61 2 6271 2241 Fax +61 2 6271 2278 | Tel +64 4 978 5630 Fax +64 4 473 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 9 February 2005 in The Australian and TheNew Zealand Herald newspapers as well as on the Food Standards Australia New Zealand website.
INITIAL ASSESSMENT – APPLICATIONS [s.14(1)]
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; will make a Draft Assessment of the Application; and invites written submissions on matters relevant to the Application to be made to FSANZ by 6pm (Canberra time) 23 March 2005:
- Application A553 – Food derived from Glyphosate-tolerant Cotton Line MON88913: to seek permission for glyphosate-tolerant cotton MON88913 to be listed in Standard 1.5.2 – Food p roduced using Gene Technology. [received 17 November 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 and Proposal, FSANZ decided to approve the draft under section 18 of the FSANZ Act. FSANZ has given the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written notification of these approvals.
- Application A526 – Maximum Residue Limits (January, February 2004).#
- Application A535 – Maximum Residue Limits – Neomycin (Antibiotic).#
- Application A538 – Maximum Residue Limits – Benzocaine (Local Anaesthetic).#
- Application A539 – Maximum Residue Limits – Avilamycin (Antibiotic).#
- Proposal P294 – Variation to Standard 1.4.2 – Maximum Residue Limits.#
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 Zealand Gazettes 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 Application and re-affirmed its approval of the approved draft Standard:
- Application A518 – Food derived from Insect-protected, Herbicide-tolerant Cotton Line MXB-13.
OTHER MATTERS
Amendment 75 to the Australia New Zealand Food Standards Code was published by FSANZ on 16 December 2004. It included amendments resulting from the following Applications:
- Application A494 – Alpha-Cyclodextrin as a Novel Food.
- Application A501 – Phospholipase A2 as a Processing Aid (Enzyme).
# 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.