What are novel foods?
Novel foods are non-traditional foods with no history of safe use. The characteristics of a food that make it novel means scientists cannot be certain they are safe to eat, so we assess them rigorously before we allow them to be sold in Australia and New Zealand.
Regulation of novel foods
We regulate novel foods and novel food ingredients under Food Standard 1.5.1 – Novel Foods (the Standard). Novel foods are required to be listed in the Standard before they may be sold in Australia or New Zealand.
This means that any food manufacturer wanting to sell a novel food or ingredient must apply to Food Standards Australia New Zealand (FSANZ) and ask us to amend the Standard to include it in the list. When we receive such an application we do a pre-market safety assessment. If the food passes this assessment we add it to the list in the Standard and the manufacturer can go ahead and sell it, so long as it complies with any conditions that we may specify.
To ensure our standards are not only world class but up to date we periodically review them all. We have just completed a review of the Novel Food Standard (Proposal P291) which resulted in revised definitions for ‘non-traditional foods’ and ‘novel foods’ and a more comprehensive approach to dealing with enquiries about whether a food or food ingredient is novel or not.
You can find the definitions of ‘non-traditional food’ and ‘novel food’ in the Standard 1.5.1 - Novel Foods
Approach for dealing with enquiries as to whether a food is novel or not
As part of the new approach for dealing with enquiries about whether a food is novel or not, we have established an Advisory Committee on Novel Foods (the Committee). The Committee has representatives from Australian State and Territory jurisdictions, the Australian Quarantine and Inspection Service and the New Zealand Food Safety Authority. It considers whether particular foods meet the definition of ‘non-traditional food’ in the Standard and, if that is the case, whether it needs assessment of public health and safety. The Committee provides a recommendation to FSANZ. This recommendation provides the basis for our response to enquiries.
The Committee replaces the FSANZ internal Novel Foods Reference Group and provides a more transparent process for recommendations about whether a food is novel or not. The recommendations of the Committee will be published on the FSANZ website, as well as the basis for them.
A food manufacturer need not seek a recommendation from the Committee and may lodge an application for permission to market a novel food without asking for a recommendation. However, the Committee’s recommendations should help enquirers decide whether or not they should submit an application seeking to amend the Standard. You should note that FSANZ sets the requirements of the Code but does not enforce them – this is the responsibility of enforcement agencies in Australia and New Zealand.
The Committee operates in accordance with terms of reference and uses a guidance tool.
To make an enquiry about whether a food may be novel or not please go to the Novel Foods Advisory Committee page. You will need to complete a questionnaire before the Committee can consider your enquiry.
Making an application
When you apply to amend the Standard, it is your responsibility to give FSANZ all appropriate studies so we can do a safety assessment of the food. The exact data requirements will depend on the type of novel food you are considering marketing.
Further information on making an application to FSANZ to amend the Standard can be found in the application handbook.
Public health and safety consideration of novel foods
The Standard introduces a risk-based assessment process to ensure the safety of novel foods before they can be sold in Australia and New Zealand.
The purpose of a risk assessment for a novel food is to evaluate its potential impact on public health and safety status. When we evaluate the public health and safety of a novel food or novel food ingredient we consider a variety of toxicological and nutritional issues together with information on its chemistry and how much of it we expect people to eat.
Exclusivity of use for novel foods
The Standard includes a provision for exclusive permissions for novel foods. An applicant may request that FSANZ grants exclusive permission for a novel food or novel food ingredient in a specified brand and class of food. The reasoning behind an exclusivity request is that it gives the applicant, who has undertaken the development work in the area, a first-to-market advantage for the novel food product. The period of exclusivity is 15 months, after which the exclusive permission reverts to a general permission that is not limited to a specific brand.