Proposal P267 - Amendments for the Labelling of Home Brew Kits
20 November 2002
FINAL ASSESSMENT REPORT (s.36)
Full Report [ pdf 66 kb ]
Executive Summary and Statement of Reasons
Regulatory problem
Under Standard 1.2.8 of Volume 2 of the Food Standards Code (the Code),a kit that is intended to be used to produce an alcoholic beverage Standardised in Part 2.7 of the Code, is required to include a nutrition information panel (NIP) on the label. Clause 3 (b) of Standard 1.2.8 exempts alcoholic beverages standardised in Part 2.7 of Volume 2 from the requirement to include a NIP on the label. The labelling of a kit which is intended to be used to produce an alcoholic beverage Standardised in part 2.7 of the Code, with a NIP, is not consistent with the nutrition labelling requirements for alcoholic beverages.
Objectives
There three specific objectives of this assessment are to:
- Examine the extent of possible effects on public health and safety of the proposed variations to the Code to deal with the issue raised;
- Ensure the changes to the level of information which would result from any variation do not adversely affect the ability of consumers to make informed choices against what they value and understand; and
- Reduce the potential for misleading information on labels of kits intended to be used to produce alcoholic beverages Standardised in Part 2.7 of the Code.
Regulatory Options
The issue assessed in this paper is of a minor nature and the range of options is limited. The options are:
- Maintain the status quo (kits intended to be used to produce alcoholic beverages Standardised in Part 2.7 of the Code are required to be labelled with NIPs); or
- Amend Standard 1.2.8 of Volume 2 of the Food Standards Code to exempt kits that are designed to be used to produce alcoholic beverages Standardised in Part 2.7 of the Code from the requirement to include a NIP on the label.
Impact
The preferred Option is 2. This option will not have any negative impact on public health and safety but will reduce the possibility of providing misleading information to consumers on the label of kits intended to be used to produce alcoholic beverages Standardised in Part 2.7 of the Code. No benefits have been identified for any party with regard to pursuit of the alternative option, and no cost is identified for any party with regard to the recommended approach.
Consultation
Pursuant to section 36 of the Food Standards Australia New Zealand Act 1991, FSANZ conducted one round of public consultation in relation to this Proposal. In total, three submissions were received in response to the Initial / Draft Assessment Report. The submissions supported the Proposal to amend Standard 1.2.8 of the Code to exempt kits intended to be used to produce an alcoholic beverage Standardised in Part 2.7 of the Code. from including a NIP.
Conclusion and Statement of Reasons
It is recommended that Standard 1.2.8 be amended to exempt kits that are intended to be used to produce alcoholic beverage Standardised in Part 2.7 of the Code, from the requirement to include a NIP on the label. It is concluded that the benefits of this approach far outweigh maintaining the status quo (the only alternative option assessed), where a kit is required to include a NIP on the label. No cost has been identified from taking the preferred approach. The benefits of exempting a kit from the requirement to be labelled with an NIP include:
- reducing the labelling costs for manufacturers of kits;
- creating equity in nutrition labelling across the industry that produce kits;
- avoiding the possibility that industry would pass on costs incurred through complying with current nutrition labelling requirements to the consumer;
- removing the potential for consumers to be exposed to misleading information about the nutritional profile of a kit; and
- provide clearer guidance for enforcement agencies, reducing the possibility of inefficient use of government resources.
Full Report [ pdf 66 kb ]