FOOD STANDARDS NOTIFICATION CIRCULAR
19 March 2008
[4-08]
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 at www.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 |
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 19 March 2008 in The Australian and TheNew Zealand Herald newspapers, as well as on the FSANZ website.
APPLICATIONS AND PROPOSALS
GENERAL PROCEDURE
Assessment – Proposals [s.61]
FSANZ has assessed and prepared draft food regulatory measures for the following Proposals; will further consider each of these drafts; and invites written submissions for the purpose of either approving, amending or rejecting the draft food regulatory measures 6pm (Canberra time)on 30 April 2008::
- Proposal P1001– Omnibus VII: to correct errors of minor significance or complexity (including typographical errors, inconsistencies, misspellings, grammatical errors, deletions and corrections of Tables) identified in the Code
APPLICATIONS AND PROPOSALS
(Received or prepared before 1 October 2007)
INITIAL ASSESSMENT – APPLICATIONS [s.14(1) as was in force prior to 1 July 2007]
FSANZ received applications for the development or variation of the following food regulatory measures; accepted the Application after making an Initial Assessment of it; will make a Draft Assessment of this Applications; and invites written submissions on matters relevant to the Application to be made to FSANZ by 6pm (Canberra time)on 30 April 2008:
- Application A588 –Addition of Fluoride to Packaged Waters: to permit the voluntary addition of fluoride, as a claimable nutrient, to packaged waters at a maximum level of 0.37 mg per 250 mL reference quantity (1.5 mg/L) [Received 23 August 2006]
DRAFT ASSESSMENT – APPLICATIONS[s.17(2), s.17A(2) as was in force prior to 1 July 2007]
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)on 30 April 2008:
- Application A552–Cadmium in Peanuts: To increase the maximum level of 0.1 mg/kg for cadmium in peanuts to 0.5 mg/kg
Final Assessment and Council Notification – Applications And Proposals – Draft Standards [s.19(1), s.20(4A) as was in force prior to 1 July 2007 ]
After making a Final Assessment in relation to draft variation 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 these approvals:
- Application A589 – Food derived from Glufosinate Ammonium-tolerant Rice LLRICE62
- Application A599 – Maximum Residue Limits (January, February, March 2007) [Australia only]
- Application A602 – Extraneous Residue Limit in Honey (Paradichlorobenzene) [Australia only]
- Application A605 – Yeast Mannoproteins as a Food Additive for Wine
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.
GAZETTAL[s.23A as was in force prior to 1 July 2007 ]
Amendment 96 Published
Amendment No. 96 to the Australia New Zealand Food Standards Code was published by FSANZ on 21 February 2008 (FSC 38). It included amendments resulting from the following Applications and Proposal:
- Application A565 – Use of Nisin in Processed Meat Products
- Application A600 – Agarose Ion Exchange Resin as a Processing Aid for Beer
- Proposal P287 – Review of Cyclamate Permissions
Amendment 97 Published
Amendment No. 97 to the Australia New Zealand Food Standards Code was published by FSANZ on 13 March 2008 (FSC 39). It included amendments resulting from the following Applications and Proposal:
- Application A580 – Food derived from Amylase-modified Corn Line 3272
- Application A608 – Maximum Residue Limits - Oxytetracycline (Antibiotic) [Australia only]
- Proposal P230 – Consideration of Mandatory Fortification with Iodine for New Zealand
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 the Australia 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.