FOOD STANDARDS NOTIFICATION CIRCULAR  

[5-06]

9 August 2006

This Notification Circular includes notices that are required to be given to the public, submitters and appropriate government agencies, under theFood 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>,then <Documents for Public Comment>and then.   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 on9 August 2006inThe AustralianandT heNew Zealand Heraldnewspapers as well as on theFood 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 an Initial Assessment of them; will make Draft Assessments of these Applications; and (with the exception of Applications A573 and A582),invites written submissions on matters relevant to the Applications to be made to FSANZ by 6pm (Canberra time) 20 September 2006 :

• Application A555Declaration of Antioxidants in Fats Oils:   to require the presence of antioxidants present in fats and oils, (used as ingredients in other foods) to be declared at all times, whether or not they are performing a technological function.   [Received 1 December 2004]
• Application A565– Nisin, Extension of Use as a Food Additive:   To permit the extension of use of Nisin, as an antimicrobial preservative to processed meat, poultry and game products in whole cuts or pieces, processed comminuted meat, poultry and game products.   [Received 23 June 2005]
•  Application A571 – Prescribed Name for Wine Products:   to define the term ‘wine based beverage’ and to delete the current definition for wine product.   [Received 15 August 2005]
• Application A573- Water Use in Winemaking – Amendment to Permitted Level:   to increase the current permitted level of added water to wine from 30 mL/L to 70 mL/L.   [Received 2 November 2005]
• Application A574 – Maximum Residue Limits (January, February, March 2006)*#
• Application A578– Isomaltulose as a Novel Food:   to allow the use of isomaltulose as a source of slow-release carbohydrate.   [Received 27 February 2006]
• Application A582 – Maximum Residue Limits (April, May, June 2006)*#

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) 20 September 2006 :

• Application A574 – Maximum Residue Limits (January, February, March 2006)*#
• Application A575 – Food derived from Glyphosate-Tolerant Lucerne J101 & J163:   to seek permission for food derived from lucerne genetically modified to provide resistance to the herbicide glyphosate.
• Application A582 – Maximum Residue Limits (April, May, June 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 Application 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:

• Application A563 – Medium Chain Triglycerides in Infant Formula Products
• Proposal P288 – Food Safety Programs for Food Service to Vulnerable Populations#
• Proposal P296 – Primary Production & Processing Standard for Dairy#
• Proposal P302 – Minor Amendments Omnibus VI

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 ZealandGazettesand 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.

OTHER MATTERS

Gazettal of Amendment No. 87

Amendment No. 87 to the Australia New Zealand Food Standards Code was published by FSANZ on 3 August 2006 (FSC 29).   It included amendments resulting from the following Applications:

•  Application A519 – Lipase from Penicillium roquefortii as a Processing Aid (Enzyme)
• Application A546 – Tara Gum as a Food Additive
• Application A548 – Food from Corn Rootworm-protected & Glyphosate-tolerant Corn MON 88017
• Application A561 – Phospholipase A₁ as a Processing Aid (Enzyme)
•  Application A564 – Food derived from Insect-protected Corn Line MIR604
•  Application A568 – Maximum Residue Limits (July, August, September 2005)#

*  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 theAdministrative 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.