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 1.2.6 – Information requirements—directions for use and storage

New section 1.2.6—1 Name

This section establishes that the instrument is the Australia New Zealand Food Standards Code – Standard 1.2.6 – Information requirements – directions for use and storage.

New section 1.2.6—2 Directions for use, and statement of storage conditions

The basic requirement to state directions for use and storage conditions is in paragraph 1.2.1—8(1)(g).

New section 1.2.6—2 repeats clause 6 of current Standard 1.2.5, which requires the label on a package of food to include a statement of storage conditions required to ensure the food will keep for a specified period indicated by the use-by date or best-before date, and clause 1 of current Standard 1.2.6, which requires the label to include information about use or storage that is required for health or safety reasons and information about the preparation of cassava or bamboo shoots.