Food Standards Australia New Zealand

FOOD STANDARDS NOTIFICATION CIRCULAR

[5-07]

8 August 2007    

This Notification Circular includes notices that are required to be given to the public, submitters and appropriate government agencies, under the Food Standards Australia New Zealand Act 1991(FSANZ Act).   All references below to sections of legislation, are to the FSANZ Act unless otherwise indicated.

Further information about the applications, proposals and other matters mentioned below, including assessment reports, processes and – where applicable – reasons for decisions, can be accessed on the FSANZ website at www.foodstandards.gov.au under <Standards Development>, then <Documents for Public Comment>and then.   Persons may contact FSANZ at one of the addresses below to arrange alternative access to these documents:

The Information Officer

The Office Administrator

Food Standards Australia New Zealand

Food Standards Australia New Zealand

PO Box 7186

PO Box 10559

CANBERRA BC   ACT   2610

WELLINGTON   6036

AUSTRALIA

NEW ZEALAND

Tel   +61 2 6271 2241      Fax   +61 2 6271 2278

Tel   +64 4 978 5630        Fax   +64 4 473 9855

Email:   info@foodstandards.gov.au

Email:   info@foodstandards.govt.nz

General questions on the work of FSANZ should be directed to the Information Officer at the either of the addresses above.   Queries concerning the matters in this Circular on assessment or submission processes should be directed to the Standards Management Officer at slo@foodstandards.gov.au .

PROGRESS ON APPLICATIONS AND PROPOSALS

Details on Final Assessments, notifications to Council, Council processes and Gazettals from the notice below were published on 4 August 2007 in The Australian and on 8 August 2007 in The New Zealand Herald newspapers, as well as on the Food Standards Australia New Zealand website.

INITIAL ASSESSMENT – APPLICATIONS [s.14(1)]

FSANZ received Applications for the development or variation of the following food regulatory measures; accepted the Applications after making an Initial Assessment of them; will make Draft Assessments of these Applications; and invites written submissions on matters relevant to the Applications (with the exception of Application A608 – See Draft Assessment below) to be made to FSANZ by  6pm (Canberra time) 19 September 2007:

  • Application A606 – Asparaginase as a Processing Aid (Enzyme):   to seek the approval for a new enzyme preparation produced from a genetically modified strain of Aspergillus oryzae for use in food production to reduce the risk of acrylamide formation   [Received 16 April 2007]
  • Application A608 – Maximum Residue Limits – Oxytetracycline (Antibiotic):   to broaden the permission for oxytetracycline residues in salmonids to permit oxytetracycline residues in fish muscle   [Received 16 May 2007]*#

PREPARATION OF A PROPOSAL [s.12AA]

FSANZ has prepared a Proposal for the development or variation of the following food regulatory measure:

  • Proposal P306 – Addition of FOS & GOS to Infant Formula & Foods & Toddler Formula:   to permit and regulate the composition of added fructo-oligosaccharides (FOS) and galacto-oligosaccharides (GOS) as nutritive substances in infant formula products, infant foods and supplementary foods for young children (this category mostly comprises toddler formula). *

DRAFT ASSESSMENT – APPLICATIONS[s.17(2), s.17A(2)]

FSANZ has prepared draft food regulatory measures or variations for the following Applications; will make Final Assessments in relation to each of these drafts; and invites written submissions for the purpose of making a Final Assessment by   6pm (Canberra time) 19 September 2007:

  • Application A565 – Use of Nisin in Processed Meat Products:   to permit use of nisin, as a preservative in processed meat, poultry and game products in whole cuts or pieces, processed comminuted meat, poultry and game products
  • Application A592 – Food derived from Glyphosate-tolerant Soybean MON89788:   to seek permission for food derived from soybean genetically modified to provide tolerance to the herbicide glyphosat
  • Application A600 – Agarose Ion Exchange Resin as a Processing Aid for Beer:   to seek permission for the addition of CSS Adsorber as a processing aid in the manufacture of beer
  • Application A608 – Maximum Residue Limits - Oxytetracycline (Antibiotic):   to broaden the permission for oxytetracycline residues in salmonids to permit oxytetracycline residues in fish muscle   [Received 16 May 2007]*#

FINAL ASSESSMENT AND COUNCIL NOTIFICATION – APPLICATIONS AND PROPOSALS – DRAFT STANDARDS [s.19(1), s.20(4A)]

After making a Final Assessment in relation to draft variation for the following Applications and Proposals, FSANZ decided to approve the draft variations under section 18 of the FSANZ Act.   FSANZ has given the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written notification of these approvals:

EFFECT OF DIVISIONS 3 AND 4 OF PART 3 OF THE FSANZ ACT

A standard or variation approved by FSANZ does not become legally enforceable until:

  • the Ministerial Council has been notified of the standard or variation; and
  • the Ministerial Council process in relation to the standard or variation is finalised; and
  • FSANZ has fulfilled the publication requirements under the FSANZ Act.  

Once FSANZ has notified the Ministerial Council that it has approved the draft standard or variation, the Ministerial Council has 60 days to either request FSANZ to review the approved standard or inform FSANZ that it does not intend to request a review.

If the Ministerial Council requests a review, FSANZ must, within 3 months (or longer if the Ministerial Council allows), complete the review and notify the Ministerial Council of a decision to either:

  • maintain its original approval; or
  • to amend its approval; or
  • withdraw its approval; and

give the Ministerial Council FSANZ’s reasons for its decision.

If FSANZ has not withdrawn its approval, the Ministerial Council has another 60 days to either request a second review or inform FSANZ that it does not intend to request a second review.   If the Ministerial Council requests a second review, the procedures and timeframe are the same as for the first review.   Once an approved standard has been reviewed twice, the Ministerial Council has 60 days to inform FSANZ that the Council does not intend to amend or reject the approved standard, or to amend or reject the approved standard.  

If the Ministerial Council informs FSANZ that:

  • it does not intend to request a review of the approved standard; or
  • it does not intend to amend or reject the approved standard; or
  • it has amended the approved standard after the second review;

FSANZ will publish a notice in the Commonwealth (published by FSANZ as the Food Standards Gazette) and New Zealand Gazettes and in newspapers stating when the standard or variation comes into effect.   FSANZ will also publish this notice along with the text of the standard on the FSANZ website and make copies of these available for inspection by the public.  The standard becomes legally effective on the date specified in the notice.

MINISTERIAL COUNCIL REVIEW PROCESS – APPROVED DRAFT STANDARDS (s.21-23)

In accordance with these requirements, FSANZ has completed its First Review in relation to the following Application and re-affirmed its approval of the approved draft Standard:

GAZETTAL[s.23A]

Amendment 92 Published

Amendment No. 92 to the Australia New Zealand Food Standards Code was published by FSANZ on 2 August 2007 (FSC 34).   It included amendments resulting from the following Applications:

  • Application A549 – Food derived from High Lysine Corn LY038
  • Application A573 – Water Use in Winemaking – Amendment to Permitted Level
  • Application A578 – Isomaltulose as a Novel Food
  • Application A586 – Maximum Residue Limits (July, August, September 2006)
  • Application A587 – Maximum Residue Limits – Oxytetracycline (Antibiotic)

OTHER MATTERS

Major amendments to the Food Standards Australia New Zealand Act 1991 passed the Australian Parliament on 20 June 2007 and were proclaimed on 1 July 2007.  These amendments will affect how Food Standards Australia New Zealand (FSANZ) will assess applications received and proposals prepared to amend the Australia New Zealand Food Standards Code from 1 October 2007 onwards.  Further information on these amendments is available from the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/newamendmentstothefsanzact/index.cfm .

*  Indicates a matter in relation to which FSANZ has decided not to hold a round of consultation between Initial and Draft Assessment, as it is satisfied that omitting to hold such consultation will not have a significant adverse effect on the interests of anyone/the Application raises issues of minor significance or complexity only (s. 36(1C)).  A person whose interests are affected by this decision may: subject to the Administrative Appeals Tribunal Act 1975, make an application to the Administrative Appeals Tribunal for review of FSANZ’s decision; and except where subsection 28(4) of that Act applies, in accordance with section 28, may apply for a statement in writing setting out the findings of material questions of fact, referring to the evidence or other materials on which those findings were based and giving the reasons for the decision.  

# These matters relate to ‘Australia only’ standards that are not part of the joint regulatory arrangements with New Zealand.   However, food from Australia complying with these standards may be supplied in New Zealand.   Anyone may provide submissions in relation to these matters, if the matter is open for public comment.