Federal Register of Legislation - Australian Government

Primary content

Food Standards as made
This instrument includes new Standard 2.10.4 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 The current Standard with the same number will be repealed on 1 March 2016 under new Standard 5.1.1.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
Exempt from sunsetting by the Food Standards Australia New Zealand Act 1991 s 94, Legislation Act 2003 s 54(1)
Registered 02 Apr 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 2—Food standards for specific foods, Part 10—Standards for other foods)

 

Chapter 2 of the Australia New Zealand Food Standards Code establishes:

 

·                prescribed standards for the purposes of the false description of foods provisions of the application Acts [2]; and

·                compositional requirements that are relevant for both the Code[3] and the false description of foods provisions of the application Acts.

Definitions are provided in a Chapter 2 standard, also referred to as a commodity standard, if they can be justified on the grounds of protecting public health and safety, preventing misleading practices or facilitating market access.

 

Definitions may be included in a Chapter 2 standard to define the scope of the standard and to assist enforcement officers in their assessment of the provisions of the standard; to avoid confusion. When specific definitions are not included in a Chapter 2 standard, enforcement officers and manufacturers may refer to dictionaries for clarification.

 

Compositional requirements are stated when it is necessary that a food that is sold on the basis that it is a defined food have a particular composition.

 

Standard 2.10.4 – Miscellaneous standards for other foods

 

New section 2.10.4—1 Name

 

This section establishes that the instrument is the Australia New Zealand Food Standards Code – Standard 2.10.4 – Miscellaneous standards for other foods.

 

New section 2.10.4—2 Definitions

 

This section has no operative part. It provides a note reference to the definitions of ‘chocolate’, ‘cocoa’, ‘coffee’, ‘decaffeinated coffee’, ‘decaffeinated tea’, ‘gelatine’, ‘instant coffee’, ‘instant tea’, ‘peanut butter’ and ‘tea’ in section 1.1.1—3.

 

New section 2.10.4—3—Requirements for food sold as tea or coffee

 

New section 2.10.4—3 repeats the requirements for products that are sold as named teas or coffees that are currently set out in Standard 1.1.2.

 

New section 2.10.3—4— Requirements for food sold as peanut butter

 

This provision sets out the requirement that a food sold with the name peanut butter must conform to the definition of peanut butter and meet a compositional requirement.

 

New section 2.10.3—5 Requirement for food sold as chocolate

 

This provision sets out the requirement that a food sold with the name chocolate must conform to the definition of chocolate.

 

New section 2.10.3—6 Requirement for food sold as cocoa

 

This provision sets out the requirement that a food sold with the name cocoa must conform to the definition of cocoa.

 

New section 2.10.3—6 Requirement for food sold as gelatine

 

This provision sets out the requirement that a food sold with the name gelatine must conform to the definition of gelatine.

 



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

[2] Section 18 of the model food provisions

[3] Section 17 of the model food provisions