A485 IAR Exec Summary

09/03

21 May 2003

INITIAL ASSESSMENT REPORT

DEADLINE FOR PUBLIC SUBMISSIONS to the Authority in relation to this matter:
2 July 2003
(See 'Invitation for Public Submissions' for details)

Full Report [ pdf 229kb ]

Executive Summary

FSANZ introduced stock-in-trade provisions in the Australia New Zealand Food Standards Code ( the code) in September 2002. These provisions allow food with a shelf life of more than 12 months, manufactured and packaged prior to 20 December 2002 in compliance with applicable food standards at the time, to be lawfully sold until 20 December 2004.

While the intent of the long shelf-life stock-in-trade provisions is to allow the continued sale of long shelf-life food products manufactured and packaged, and legally produced during and prior to the transition period, consideration was not given to products such as bottled and labelled wine that have a very long-shelf life and can remain in circulation for many years.

Currently, wine and wine products with a long-shelf life, manufactured and packaged prior to 20 December 2002 in compliance with the applicable food standards at that time can only continue to be sold until 20 December 2004, as from this date the stock-in-trade provisions will cease to have effect. Unless relabelled these products will become illegal.

The Winemakers Federation of Australia, the New Zealand Winegrowers and the Australian Wine and Brandy Corporation have therefore applied to indefinitely extend the stock-in-trade provisions for long-shelf life wine and wine products in order for these products to be able to be legally sold after the expiration of the long-shelf life stock-in-trade provisions on 20 December 2004.

Objectives

The specific objectives in assessing Application A485 are to examine the extent of possible effects on public health and safety should the stock-in-trade provisions for long-shelf life wine and wine products prior to the 2003 vintage, be indefinitely extended; and to ensure that the labelling requirements that may result from an indefinite extension of the stock-in-trade provisions for long-shelf life wine and wine products prior to the 2003 vintage do not adversely affect the ability of consumers to make informed choices.

Regulatory Options and Impact Analysis

There are two options for progressing the Application at Initial Assessment.

  1. Maintain the status quo and retain the prohibition of the sale after 20 December 2004 of all long-shelf life products not compliant with the Food Standards Code, or
  2. Amend Standard 1.1.1 to allow the indefinite sale of wine and wine products covered by Application A485 that were produced prior to 20 December 2002 in compliance with the applicable food standards at that time.

For each regulatory option, an impact analysis has been undertaken to assess the potential costs and benefits to various stakeholder groups associated with its implementation.

Full Report [ pdf 229kb ]