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FOOD STANDARDS NOTIFICATION CIRCULAR

[9-08]

4 June 2008

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.au under<Standards Development>, 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:   information@foodstandards.gov.au

Email:   information@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 .

Details on Final Assessments, notifications to Council and Council processes from the notice below will be published on 6 June 2008 in The Australian and The New Zealand Herald newspapers.

CALL FOR SUBMISSIONS

GENERAL PROCEDURE

Assessment – Applications[s.31]

FSANZ has assessed and prepared draft food regulatory measures for the following Applications; 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 by 6pm (Canberra time) on 16 July 2008 :

(Received or prepared before 1 October 2007)

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 F SANZ  by 6pm (Canberra time) on 16 July 2008 :

APPROVAL AND COUNCIL NOTIFICATION [s.64]

After consideration of draft standards or variations for the following Proposal, FSANZ decided to approve the draft under section 63 of the FSANZ Act.  

FSANZ will be giving the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written notification of this approval:

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.   Further information on the Ministerial Council process is available on the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/ministerialcouncilre1834.cfm .

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 ]

(Received or prepared before 1 October 2007)

After making a Final Assessment in relation to draft variation for the following Proposal, FSANZ decided to approve the draft variations under section 18 of the FSANZ Act.   FSANZ will be giving 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:

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:

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:

FSANZ will publish a notice in the Commonwealth (published by FSANZ as the Food 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

Work Pl an

FSANZ is required under s.20 of the FSANZ Act to develop and publish a three-year forward plan for applications, proposals and types of applications and proposals on which it intends to develop standards or variations to standards.


In developing this three-year forward plan, FSANZ must consult interested persons not later than 30 June in each year.   Written submissions are therefore invited on the Work Plan by 6pm (Canberra time) 20 June 2008.  Submissions should be addressed to one of the addresses below:

Standards Management Officer                    Standards Management Officer
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

Email: submissions@foodstandards.gov.au    Email: submissions@foodstandards.govt.nz

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.