Food Standards Notification Circular
20 March 2009
[4-09]
This Notification Circular includes notices that are required to be given to the public, submitters and appropriate government agencies, under the 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
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 |
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 Approvals, notifications to Council, Council processes and Gazettals from the notice below were published on 20 March 2009 in The Australian and The New Zealand Herald newspapers, as well as on the FSANZ website.
NEW APPLICATIONS AND PROPOSALS
(Note that this section is not a call for public comment)
FSANZ has prepared the following Proposal and placed it on the FSANZ Food Standards Development Work Plan:
MAJOR PROCEDURE
- Proposal P1005 – Primary Production & Processing Standard for Meat & Meat Products: t o examine the meat supply chain in Australia and develop a national food safety standard covering meat and meat products from farmed cattle, pigs, sheep and goats, harvested goats and rendered products. Farmed minor meat species, emu/ostrich meat and wild game animals will be addressed later. [10 March 2009] [Australia only]
Information on the above, including 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 .
Administrative Assessment Reports can be accessed on the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/ . If you wish to be advised of any developments relating to the above, 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.
CALL FOR SUBMISSIONS
MAJOR PROCEDURE
1st Assessment – Applications [s.44]
FSANZ has assessed the following Application; will further consider it; and invites written submissions for the purpose of preparing a draft food regulatory measure by 6pm (Canberra time) 1 May 2009:
- Application A1006 – Food derived from Herbicide-tolerant Soybean Line DP-356043-5: to seek permission for food derived from soybean genetically modified to provide tolerance to the herbicides glyphosate and acetolactate-synthase inhibitors
CONSULTATION PAPER
A Consultation Paper for the following Proposal has been released for public comment. The Paper summarises proposed changes which address key issues raised in the First Review request from the Australia and New Zealand Food Regulation Ministerial Council . Comments received will be taken into account when FSANZ makes a decision on the First Review. FSANZ invites written submissions on matters relevant to the issues in the Consultation Paper to be made to FSANZ by 6pm (Canberra time) 15 May 2009:
- Proposal P293 – Nutrition, Health & Related Claims
APPROVAL AND COUNCIL NOTIFICATION[s.34, s.41, s.53, s.64, s.69]
After consideration of draft standards or variations for the following Application, FSANZ decided to approve the draft variation. FSANZ has given the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) written notification of this approval:
- Application A1011 – Cellulase from Penicillium funiculosum as a Processing Aid (Enzyme)
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. Further information on the Ministerial Council process is available on the FSANZ website at http://www.foodstandards.gov.au/standardsdevelopment/ministerialcouncilre1834.cfm
FINAL ASSESSMENT AND COUNCIL NOTIFICATION – APPLICATIONS AND PROPOSALS – DRAFT STANDARDS [s.19(1), s.20(4A) as was in force prior to 1 July 2007]
(Received or prepared before 1 October 2007)
After making a Final Assessment in relation to draft variation for the following Application, 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 A490 – Exemption of Allergen Declaration for Isinglass
- Application A597 – Addition of Lutein to Formulated Supplementary Foods for Young Children
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
In accordance with requirements, FSANZ has completed its First Review in relation to the following Application and Proposal. FSANZ has re-affirmed its approval of the approved draft Standard, subject to amendment:
- Application A594 – Addition of Lutein as a Nutritive Substance to Infant Formula
OTHER MATTERS
Application Withdrawn
The following Application has been withdrawn by the Applicant:
- Application A598 – Addition of Prebiotic Oligosaccharides in Infant Formula Products
Key Email addresses
standards.management@foodstandards.gov.au for:
- progress with the assessment of applications or proposals or completed applications
- making an application
- Gazettal of amendments to the Code
submissions@foodstandards.gov.au for lodging submissions.
Food Regulation Secretariat
In accordance with the Food Regulation Agreement, the Australian Government Department of Health and Ageing is responsible for the provision of secretariat services to the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council), the Food Regulation Standing Committee (FRSC) and the Implementation Sub-Committee (ISC).
The Food Regulation Secretariat sends information updates to stakeholders on a regular basis. If you would like to receive these updates (this is separate and in addition to updates from FSANZ), register your details on the Food Regulation Secretariat Stakeholder Database. A registration form is available on the website at http://www.health.gov.au/internet/main/publishing.nsf/Content/foodsecretariat-database.htm .
Alternatively, the Food Regulation Secretariat can be contacted on:
Phone: +61 2 6289 5128
Fax: +61 2 6289 5100
Postal Address: Food Regulation Secretariat
PO Box 4
WODEN ACT 2606
Email: foodregulationsecretariat@health.gov.au
[Australia only] 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. If the matter is open for public comment, anyone may provide submissions in relation to these matters.