FOOD STANDARDS NOTIFICATION CIRCULAR
12 February 2008
[1-08]
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, processes and – where applicable – reasons for decisions, can be accessed on the FSANZ website atwww.foodstandards.gov.auunder <Standards Development>, then <Documents for Public Comment> and then
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 either of the addresses above. Queries concerning the matters in this Circular on assessment or submission processes should be directed to the Standards Management Officer at standards.management@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 12 February 2008 in The Australian and The New Zealand Herald newspapers, as well as on the FSANZ website.
NEW APPLICATIONS
(Note that this section is not a call for public comment)
FSANZ has received the following Applications and placed them on the FSANZ Food Standards Development Work Plan:
GENERAL PROCEDURE
- Application A1003 – Asparaginase from Aspergillus nigeras a Processing Aid (Enzyme): to permit the use of a new microbial source for Asparaginase sourced from a genetically modified strain of Aspergillus niger for use in food production to reduce the risk of acrylamide formation [7 January 2008] [DSM Food Specialities]
Information on the each application, including the proposed Work Plan Category, an anticipated timetable for assessment and consultation opportunities, is provided in the FSANZ Food Standards Development Work Plan which is available on the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/standardsworkplan.cfm . In relation to Application A1003, the Administrative Assessment Report can be accessed on the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/applications/index.cfm.
If you wish to be advised of any developments relating to the above Application, such as calls for public submissions, please contact the Standards Management Officer at standards.management@foodstandards.gov.au. Please note that the above section is not a call for public comment.
APPLICATIONS AND PROPOSALS
(Received or prepared before 1 October 2007)
Final Assessment and Council Notification – Applications And Proposals – Draft Standards [s.19(1), s.20(4A)]
After making a Final Assessment in relation to draft variation for the following Application and Proposal, 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 A608 – Maximum Residue Limits - Oxytetracycline (Antibiotic) [Australia only]
- Proposal P230 – Consideration of Mandatory Fortification with Iodine for New Zealand
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 (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 A580 - Food derived from Amylase-modified Corn Line 3272
GAZETTAL[s.23A]
Amendment 95 Published
Amendment No. 95 to the Australia New Zealand Food Standards Code was published by FSANZ on 13 December 2007 (FSC 37). It included amendments resulting from the following Applications and Proposals:
- Application A532 – Ratio of Long Chain Polyunsaturated Fatty Acids in Infant Formula Products
- Application A590 – Maximum Residue Limits – Avoparcin & Oxolinic Acid (Antibiotics) [Australia only]
- Proposal P291 – Review of Novel Food Standard
- Proposal P305 – Permission for Exclusivity of Use of Novel Foods Application
OTHER MATTERS
Amendments to the FSANZ Act
Major amendments to the Food Standards Australia New Zealand Act 1991 passed the Australian Parliament on 20 June 2007 and were proclaimed on 1 July 2007. These amendments affect how FSANZ assesses applications received and proposals prepared to amend theAustralia New Zealand Food Standards Code from 1 October 2007 onwards. Further information on these changes is available from the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/informationforapplicants/index.cfm
Email address changes
The email address ‘slo@foodstandards.gov.au’ has been discontinued. Two new email addresses, standards.management@foodstandards.gov.au (for all general inquiries about standards issues) and submissions@foodstandards.gov.au (for public submissions on assessment reports only) have been created. Any emails sent to ‘slo’ will be automatically redirected to the new ‘standards.management’ email address.
[Australia only] 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. If the matter is open for public comment, anyone may provide submissions in relation to these matters.