Federal Register of Legislation - Australian Government

Primary content

Food Standards as made
This instrument includes new Standard 1.2.2 in the Australia New Zealand Food Standards Code. The current Standard with the same number will be repealed on 1 March 2016 under new Standard 5.1.1.
Administered by: Health and Aged Care
Exempt from sunsetting by the Legislation Act 2003 s 54(1)
Registered 31 Mar 2015
Tabling HistoryDate
Tabled Senate11-May-2015
Tabled HR12-May-2015

Explanatory Statement

 

1.       Authority

 

Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides that the functions of Food Standards Australia New Zealand (the Authority) include the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code).

 

Division 2 of Part 3 of the FSANZ Act specifies that the Authority may prepare a proposal for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering a proposal for the development or variation of food regulatory measures.

 

FSANZ prepared Proposal P1025 to revise the Code. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft revised Code.

 

Following consideration by the Legislative and Governance Forum on Food Regulation[1], section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.

 

Section 94 of the FSANZ Act specifies that a standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.

 

2.       Purpose

 

The Authority has approved variations of Chapters 1 and 2 of the Code.

 

3.       Documents incorporated by reference

 

The variations to food regulatory measures do not incorporate any documents by reference. The variations update some references to documents that are incorporated by reference.

 

4.       Consultation

 

In accordance with the procedure in Subdivision F of Division 2 of Part 3 of the FSANZ Act, the Authority’s consideration of Proposal P1025 included two rounds of public comment following an assessment and the preparation of a draft Standard and associated reports. Submissions were called for on 23 May 2013 for a 12-week period, and on 10 July 2014 for an eight-week period.

 

A Regulation Impact Statement was not required, because the proposed variations to the Code are likely to have a minor impact on business and individuals.

 

5.       Statement of compatibility with human rights

 

This instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act.

 

6.       Variation (Chapter 1—Introduction and standards that apply to all foods, Part 2—Labelling and other information requirements)

 

Standard 1.2.2 – Information requirements – food identification

 

New section 1.2.2—1 Name

 

This section establishes that the instrument is the Australia New Zealand Food Standards Code – Standard 1.2.2 – Information requirements – food identification.

New section 1.2.2—2 Name of food

 

New subsection 1.2.2—2(1) repeats the requirements currently contained in clause 1 of Standard 1.2.2 that a label on a package of food for sale must include either the prescribed name[2] of the food or a description sufficient to indicate the true nature of the food. The current provisions are amended to improve clarity and function and to address the requirement that is now in subclause 26(2) of Standard 2.9.1 for certain words to appear as part of the name of infant formula products formulated for premature or low birthweight infants.

 

New subsection (2) repeats the current provision in clause 1(3) of Standard 1.2.2 that makes it clear that the definitions of foods in Chapter 2 of the current Code do not prescribe names for those foods.

 

New section 1.2.2—3 Lot identification

 

New subsection 1.2.2—3 repeats a list of exceptions to the requirement to provide lot identification, now in clause 2 of Standard 1.2.2, with some minor revision to improve clarity.

 

New section 1.2.2—4 Name and address of supplier

 

New subsection 1.2.2—4 makes it clear that if the labelling provisions require the name and address of a supplier, the address can be an address in either Australia or New Zealand of a person who is a supplier.

 



[1] Previously known as the Australia and New Zealand Food Regulation Ministerial Council

[2] Prescribed names have been established for honey, fermented comminuted meats, infant formula and follow-on formula, formulated supplementary food, formulated supplementary, food for young children, formulated supplementary sports food, and formulated meal replacement .