Federal Register of Legislation - Australian Government

Primary content

Food Standards as made
This instrument varies standards in the Australia New Zealand Food Standards Code.
Administered by: Health
Exempt from sunsetting by the Legislation Act 2003 s 54(1)
Registered 18 Jul 2019
Tabling HistoryDate
Tabled HR22-Jul-2019
Tabled Senate23-Jul-2019
Date of repeal 26 Jul 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

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 1 of Part 3 of the FSANZ Act specifies that the Authority may accept applications for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering an application for the development or variation of food regulatory measures.

 

The Authority accepted application A1168 which sought a variation to permit a new genetically modified strain of Aspergillus niger as a source for the permitted enzyme glucoamylase. The Authority considered the application in accordance with Division 1 of Part 3 and has approved a draft variation of a standard.

 

Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, 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 Legislation Act 2003.

 

2.       Purpose

 

The Authority has approved a draft variation to permit the enzyme glucoamylase sourced from Aspergillus niger containing the gene for glucoamylase from Talaromyces emersonii to be used as a processing aid for the purpose of hydrolysing starch in the manufacture of syrups, beverages, cereal-based products, fruit products and vegetable products, at GMP. This permission requires an addition to the table to subsection S18—9(3) in Schedule 18.

 

3.       Documents incorporated by reference

 

The variations to food regulatory measures do not incorporate any documents by reference.

 

Existing provisions of the Code incorporate a document by reference that will prescribe identity and purity specifications for the processing aid to be permitted by the draft variation. Section 1.1.1—15 of the Code requires substances used as processing aids to comply with any relevant identity and purity specifications listed in Schedule 3 of the Code. Section S3—2 of Schedule 3 incorporates by reference the specifications listed in the Joint FAO/WHO Expert Committee on Food Additives (JECFA) Compendium of Food Additive Specifications (FAO/WHO 2017) and the United States Pharmacopeial Convention (2018) Food Chemicals Codex (11th edition). These include specifications for enzyme preparations used in food processing.

 

4.       Consultation

 

In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of application A1168 included one round of public consultation following an assessment and the preparation of a draft Standard and associated reports. Submissions were called for on 6 December 2018 for an eight-week consultation period.

 

A Regulation Impact Statement was not required because the proposed variation to Schedule 18 was 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

 

The variation inserted a new entry into the table to subsection S18—9(3) in Schedule 18.

 

The new entry permits the use of the enzyme, glucoamylase (EC 3.2.1.3) sourced from Aspergillus niger containing the gene for glucoamylase from Talaromyces emersonii, as a processing aid in food for a specific technological purpose, with the condition that the maximum permitted level or amount that may be used must be consistent with good manufacturing practice. The technological purpose is to hydrolyse starch in the manufacture of syrups, beverages, cereal-based products, fruit products and vegetable products.