Proposal P269 - A Transitional Standard for Caffeine in Artificial Drinks (New Zealand Only)
2 October 2002
INITIAL/DRAFT ASSESSMENT REPORT (s.36)
DEADLINE FOR PUBLIC SUBMISSIONS to the Authority in relation to this matter:
16 October 2002
(See 'Invitation for Public Submissions' for details)
Full Report [ pdf 182 kb ]
Executive Summary and Statement of Reasons
Regulatory Problem
On 20 December 2002, Volume 2 of the Food Standards Code (the Joint Code) will become the sole repository of food product standards in Australia and New Zealand. As a result, caffeinated non-kola soft drinks, which are currently permitted in New Zealand (but not Australia) under their domestic food regulations for artificial drinks, will no longer be permitted. Any such products on the market in New Zealand from 20 December 2002 will have to be withdrawn from sale.
In the interests of ensuring an orderly and efficient transition to a Joint Food Standard System, FSANZ has raised a Proposal to consider the temporary extension, in New Zealand only, of the New Zealand Food Regulation 1984 permissions relating to caffeine in artificial drinks. It is proposed that the transitional standard remain in place for a period of 18 months.
Objective
The key objectives in assessing this Proposal relate to the desirability of an efficient and internationally competitive food industry, whilst having regard to the primary objective of protecting public health and safety.
Options
Two options have been considered - amend the Joint Code to establish a New Zealand only transitional standard permitting the addition of caffeine to artificial drinks (Option 1); or do not amend the Joint Code to establish transitional arrangements for these products (Option 2).
Impacts
Option 1 is the preferred option. This option will be cost effective and of net benefit to both the food industry and consumers in New Zealand, with little or no regulatory impact on Australian consumers or the Australian food industry.
Consultation
Under Section 36 of the Food Standards Australia New Zealand Act 1991, (FSANZ Act) the Authority has decided to omit one round of public consultation as it is satisfied that the Proposal raises issues of minor significance and complexity only.
Conclusion and Statement of Reasons
Adoption of the proposed amendment to the Food Standards Code to introduce a transitional New Zealand only standard for caffeine in artificial drinks is recommended for the following reasons:
- there is no evidence to indicate that allowing such drinks to remain on the market would endanger the public health and safety of New Zealand consumers;
- it will ensure an orderly and efficient transition to a single Food Standards Code in New Zealand, following the repeal of their domestic food regulations ;
- the impact analysis has concluded that the proposed option is cost-effective and of net benefit to both consumers and the food industry in New Zealand, with little or no regulatory impact on Australian consumers or the Australian food industry.
It is proposed that the draft amendment come into effect on 20 December 2002 and that it cease to have effect on 20 June 2004.
Full Report [ pdf 182 kb ]