Proposal P269 - A Transitional Standard for Caffeine in Artificial Drinks (New Zealand Only)
20 November 2002
FINAL ASSESSMENT REPORT (s.36)
Full Report [ pdf 86 kb ]
Executive Summary and Statement of Reasons
Regulatory Problem
On 20 December 2002, Volume 2 of the Food Standards Code (the Joint Code) will become the sole repository of food product standards in Australia and New Zealand. As a result, caffeinated non-kola soft drinks, which are currently permitted in New Zealand (but not Australia) under their domestic food regulations for artificial drinks, will no longer be permitted. Product manufactured and packaged prior to 20 December 2002 may however continue being sold under the stock in trade provisions.
In the interests of ensuring an orderly and efficient transition to a Joint Food Standard System, FSANZ raised a Proposal to consider the temporary extension, in New Zealand only, of the New Zealand Food Regulation 1984 permissions relating to caffeine in artificial drinks. The transitional standard is proposed to remain in place for a period of 12 months.
Objective
The key objectives in assessing this Proposal relate to the desirability of an efficient and internationally competitive food industry, whilst having regard to the primary objective of protecting public health and safety.
Options
Two options have been considered - amend the Joint Code to establish a New Zealand only transitional standard permitting the addition of caffeine to artificial drinks (Option 1); or do not amend the Joint Code to establish transitional arrangements for these products (Option 2).
Impacts
Option 1 is the preferred option. This option will be cost effective and of net benefit to both the food industry and consumers in New Zealand, with little or no regulatory impact on Australian consumers or the Australian food industry.
Consultation
The Proposal was developed according to the simplified procedures under Section 36 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). Under these simplified procedures the Authority omitted to invite public comment at the Initial Assessment stage because it was satisfied that the Proposal raised issues of minor significance and complexity only. The Initial and Draft Assessment were therefore combined into a single report, and this was released for a two-week period of public consultation on 2 October 2002. A total of five submissions were subsequently received. The issues raised in the submissions have been addressed in the report.
Conclusion and Statement of Reasons
- there is no evidence to indicate that allowing such drinks to continue being manufactured and sold in New Zealand during the transition period would endanger the public health and safety of consumers;
- it will ensure an orderly and efficient transition to a single Food Standards Code in New Zealand, following the repeal of their domestic food regulations ;
- the proposed regulatory measure is cost-effective and of net benefit to both consumers and the food industry in New Zealand, with little or no regulatory impact on Australian consumers or the Australian food industry.
It is proposed the amendment come into effect on 20 December 2002 and that it cease to have effect on 20 December 2003.
Full Report [ pdf 86 kb ]