FOOD STANDARDS NOTIFICATION CIRCULAR
[6-07]
3 October 2007
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
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 standards.management@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 3 October 2007 in The Australian and The New Zealand Herald newspapers, as well as on the Food Standards Australia New Zealand website.
NEW APPLICATIONS
(Note that this section is not a call for public comment)
FSANZ has received the following Applications and placed them on the FSANZ Food Standards Development Work Plan:
- ApplicationA607 – Maximum Residue Limits (April, May, June 2007): to amend maximum residue limits for a number of agricultural and veterinary chemicals [Received 15 May 2007]*#
- Application A610 – Maximum Residue Limits (July, August, September 2007): to amend maximum residue limits for a number of agricultural and veterinary chemicals# [Received 8 August 2007]
- Application A611 – Labelling of Fluoridated & Non-fluoridated Water in Ingredients List: to require the labelling of the fluoridation status of any water used in food production [Received 14 August 2007]
- Application A612 – Maximum Residue Limits – Dimetridazole (Antibiotic): to reduce maximum residue limits for the antibiotic dimetridazole# [Received 20 August 2007]
- Application A613 – Definitions for Nutritive Substance & Nutritive Ingredient: to amend the definition of ‘nutritive substance’ and include a definition for ‘nutritive ingredient’ in Standard 1.1.1 [Received 21 August 2007]
Information on the each application, including the proposed Work Plan Category, an anticipated timetable for assessment and consultation opportunities, is provided in the FSANZ Food Standards Development Work Plan which is available on the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/standardsworkplan.cfm .
If you wish to be advised of any developments relating to the above Applications, such as calls for public submissions, please contact the Standards Management Officer at standards.management@foodstandards.gov.au . Please note that the above section is not a call for public comment.
INITIAL ASSESSMENT – APPLICATIONS [s.14(1)]
FSANZ received an Application for the development or variation of the following food regulatory measures; accepted the Application after making an Initial Assessment of it; and will make a Draft Assessment of the Application (see the Draft Assessment section below):
- Application A599 – Maximum Residue Limits (January, February, March 2007): to amend maximum residue limits for a number of agricultural and veterinary chemicals [Received 15 May 2007]*#
PREPARATION OF A PROPOSALS [s.12AA]
FSANZ has prepared a Proposal for the development or variation of the following food regulatory measure:
- Proposal P307 – Code of Practice for the Primary Production & Processing of Poultry Meat: to develop a code of practice for the primary production and processing of poultry meat. The code of practice will provide the poultry industry with a means of compliance with the primary production and processing standard for poultry meat#*
If you wish to be advised of any developments relating to the above Proposal such as calls for public submissions, please contact the Standards Management Officer at standards.management@foodstandards.gov.au .
Please n ote that the above Preparation of a Proposal is not a call for public comment.
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) 14 November 2007 :
- Application A589 – Food derived from Glufosinate Ammonium-tolerant Rice LLRICE62: to seek permission for food derived from rice genetically modified to provide resistance to the herbicide glufosinate ammonium
- Application A594–Addition of Lutein as a Nutritive Substance to Infant & Follow-on Formula: to seek permission for the addition of lutein as a nutritive substance in infant formula
- Application A599 – Maximum Residue Limits (January, February, March 2007): to amend maximum residue limits for a number of agricultural and veterinary chemicals *#
- Application A605–Yeast Mannoproteins as a Food Additive for Wine: the use of mannoproteins derived from the yeast Saccharomyces cerevisiae as a food additive in wine
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, 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:
- Application A532 – Ratio of Long Chain Polyunsaturated Fatty Acids in Infant Formula Products
- Application A580 – Food Derived from Amylase-modified Corn Line 3272
- Application A590 – Maximum Residue Limits – Avoparcin & Oxolinic Acid (Antibiotics)#
- Proposal P291 – Review of Novel Food Standard
- Proposal P305 – Permission for Exclusivity of Use of Novel Foods
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; an
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.
GAZETTAL[s.23A]
Amendment 93 Published
Amendment No. 93 to the Australia New Zealand Food Standards Code was published by FSANZ on 13 September 2007 (FSC 35). It included amendments resulting from the following Proposal:
· Proposal P295 – Consideration of Mandatory Fortification with Folic Acid#
APPLICATION WITHDRAWN [s.12A(2)]
The following Application has been withdrawn by the Applicant:
· Application A584 –Garcinia cambogia as a Novel Food
OTHER MATTERS
Major amendments to theFood Standards Australia New Zealand Act 1991passed the Australian Parliament on 20 June 2007 and were proclaimed on 1 July 2007. These amendments affect how FSANZ assesses applications received and proposals prepared to amend theAustralia New Zealand Food Standards Codefrom 1 October 2007 onwards. Further information on these changes is available from the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/newamendmentstothefsanzact/index.cfm
Email address changes
The email address ‘slo@foodstandards.gov.au’ has been discontinued. Two new email addresses, standards.management@foodstandards.gov.au (for all general inquiries about standards issues) and submissions@foodstandards.gov.au (for public submissions on assessment reports only) have been created. Any emails sent to ‘slo’ will be automatically re-directed to the new ‘standards.management’ email address.
*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.