Proposal P268 - Amendments for the Transitional Arrangements for Labelling Milk
20 November 2002
FINAL ASSESSMENT REPORT (s.36)
Full Report [ pdf 73 kb ]
Executive Summary and Statement of Reasons
Regulatory Problem
The purpose of Proposal P268 - Amendments for the Transitional Arrangements for Labelling of Milk is to address an anomaly between two Standards in Volume 2 of the Food Standards Code which were intended to fulfil the same purpose: the existing transitional and temporary standard (clause 3 of Standard 1.1.3) and the newly developed transitional standard (Standard 1.1A.5) for warning statements for condensed milk, modified milk and skim milk. Under clause 3 of Standard 1.1.3 producers are currently able to use either the wording of the warning statement carried over from the Australian Food Standards Code (Volume 1) or the New Zealand Food Regulations 1984, no matter which country the milk is produced in. However, at its commencement on 20 December 2002, Standard 1.1A.5 would nullify the above situation, allowing Australian producers to use the wording from Volume 1 only, and New Zealand producers to use the wording from the New Zealand Food Regulations 1984 only.
The transitional standard operates for two years after the gazettal of new labelling requirements for reduced fat milks and soy and rice beverages, which resulted from Proposal P240 - Labelling Statement on Reduced Fat and Condensed Milks .
Objective
The objective of this assessment is to ensure equity and consistency for producers in the transition to new provisions resulting from P240.
Regulatory Options
- maintain the status quo; or
- amend Standard 1.1A.5 to allow suppliers to label condensed milk, modified milk and skim milk with either the requirements drawn from Standard H1, Standard H3 and Standard H4 of Volume 1 or certain provisions drawn from the New Zealand Food Regulations 1984, irrespective of where the milk is produced, for two years from the commencement of alternative arrangements (alternative arrangements commenced on 17 September 2002).
Impacts
The impact analysis concluded that the proposed change poses no significant public health and safety or other impacts. Overall there are no significant costs related to the Proposal and there are some benefits to be gained by consumers, industry and governments, such as reduced labelling costs and equity and consistency in transitional arrangements for some sectors in the food industry and clearer guidance for enforcement agencies.
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, four submissions were received in response to the Initial / Draft Assessment Report. All of the submissions were from industry who supported an amendment to Standard 1.1A.5 to remove the anomaly and make it consistent with the current transitional arrangements in clause 3 of Standard 1.1.3.
Conclusion and Statement of Reasons
The assessment concludes that there are no public health and safety risks likely to arise from the Proposal. The proposed changes to Volume 2 of the Food Standards Code are consistent with the section 10 objectives of the FSANZ Act. Overall, there would not be any significant costs related to the Proposal but there would be some benefits including reduced labelling costs and increased equity in terms of time allowed for transition to new regulations by some sectors of the food industry.
The Assessment recommends that amendments be made to Standard 1.1A.5 to allow suppliers to label condensed milk, modified milk and skim milk with either the requirements drawn from Standard H1, Standard H3 and Standard H4 of Volume 1 or certain provisions drawn from the New Zealand Food Regulations 1984, irrespective of which country the milk is produced in, until 17 September 2004.
The proposed amendments to Standard 1.1A.5 - Transitional Standard for the Warning Statement for Condensed Milk, Modified Milk and Skim Milk are necessary for the following reasons:
- ensure consistency between the existing transitional standard (Clause 3 of Standard 1.1.3) and the new transitional standard (Standard 1.1A.5) for warning statements on condensed milk, modified milk and skim milk; and
- promote equitable arrangements in the transition to new standards for some sectors of the food industry.
Full Report [ pdf 73 kb ]