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FOOD STANDARDS NOTIFICATION CIRCULAR

Notification Circular [7-05]

5 October 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 <Standards Development>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

Details on Final Assessments, notifications to Council, Council processes and Gazettals from the notice below were published on 5 October 2005 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 6pm (Canberra time)

16 November 2005:

DRAFT ASSESSMENT – APPLICATIONS[s.17(2), s.17A(2)]

FSANZ has prepared draft food regulatory measures or variations for the following Applications; will make Final Assessments in relation to each of these drafts; and invites written submissions for the purpose of making a Final Assessment by 6pm (Canberra time) 16 November 2005:

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

FSANZ has prepared draft food regulatory measures or variations for the following Proposal; will make a Final Assessment in relation to the draft; and invites written submissions for the purpose of making a Final Assessment by 6pm (Canberra time) 25 January 2006 :

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

After making Final Assessments in relation to draft variations for the following Applications and Proposals, 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 these approvals:

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 theFood 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 Applications and re-affirmed its approval of the draft variations:

Also in accordance with these requirements, FSANZ has completed its Second Review in relation to the following Application and re-affirmed its approval of the draft variations:

OTHER MATTERS

Gazettal of Amendment No. 81

Amendment No. 81 to the Australia New Zealand Food Standards Code was published by FSANZ on 22 September 2005 (FSC 23).   It included amendments resulting from the following Applications:

Registration on the Food Regulation Secretariat Database

Under current food regulation arrangements, policy guidance is agreed by the Ministerial Council.   That policy is then used by FSANZ to guide the development of food standards. Effective consultation is a key feature of the food regulatory system.

If you would like to receive information such as Ministerial Council Communiqués, notice of Policy Options Consultation papers or the Food Regulation Secretariat’s newsletter, please register on the Food Regulation Secretariat’s database at http://www.health.gov.au/internet/wcms/publishing.nsf/Content/foodsecretariat-database.htm .

Please note that if you are on FSANZ’s database, you are not automatically on the Food Regulation Secretariat’s database.

*  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, if the matter is open for public comment.