Proposal P268 - Amendments for the Transitional Arrangements for Labelling Milk
2 October 2002
INITIAL/DRAFT ASSESSMENT REPORT (s.36)
DEADLINE FOR PUBLIC SUBMISSIONS to the Authority in relation to this matter: |
Full Report [ pdf 193 kb ]
EXECUTIVE SUMMARY AND STATEMENT OF REASONS
Regulatory Problem
The purpose of Proposal No. 268 (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. The effect of this anomaly being that pursuant to Clause 3 of Standard 1.1.3 manufacturers 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 they are manufacturing in. However, at its commencement on 20 December 2002, Standard 1.1A.5 would nullify the above situation, allowing Australian manufacturers to use the wording from Volume 1 only, and New Zealand manufacturers to use the wording from the New Zealand Food Regulations 1984 only.
Objective
The objective of this assessment is to ensure equity for manufacturers in the transition to new provisions resulting from Proposal 240 'Labelling Statement on Reduced Fat and Condensed Milks'.
Regulatory Options
1. maintain the status quo; or
2. amend Standard 1.1A.5 to allow manufacturers 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 they manufacture their products in, for two years from the commencement of alternative arrangements.
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 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 will conduct one round of public comment. All major stakeholders including submitters to Proposals P240 and P252 'Transitional Arrangements for the Repeal of Volume 1 of the Food Standards Code' will be invited to comment on the proposed regulatory changes.
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 manufacturers 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 they manufacture their products in, for two years from the commencement of alternative arrangements (gazettal of P240).
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:
- To 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
- To promote equitable arrangements in the transition to new standards for some sectors of the food industry.
Full Report [ pdf 193 kb ]