Food Standards Australia New Zealand Logo
Food Standards Australia New Zealand Logo

Appendix 4 - Report against the FSANZ Act requirements

​​

​​​Applications received and Proposals prepared before 1 October 2007

Section 69 of the Food Standards Australia New Zealand Act 1991 (as was in force prior to 1 July 2007) requires FSANZ to report on its processing of applications and proposals in the following manner:

During 2017–2018, 4 applications received before 1 October 2007 remained on the Work Plan pending advice from applicants:

  1. 0 withdrawn;
  2. 0 rejected by FSANZ;
  3. 0 finalised and notified to the Forum;
  4. 0 considered after a request for a review and notified to the Forum; and
  5. 4 were still being progressed as at 30 June 2018.

During 2017–2018, one proposal (prepared before 1 October 2007) remained on our Work Plan:

  1. 0 withdrawn;
  2. 0 rejected by FSANZ;
  3. 0 finalised and notified to the Forum;
  4. 0 considered after a request for a review and notified to the Forum; and
  5. 1 was still being progressed as at 30 June 2018

(e) Any occasion during 2017–2018 that FSANZ, after preparing a draft standard or a draft variation of a standard, failed to make a decision under section 18 of the FSANZ Act (as was in force prior to 1 July 2007) within the period required under section 35 (as was in force prior to 1 July 2007) and a statement of the reasons for that failure:

Nil

(f) Extensions of time FSANZ granted under subsection 35(2) of the FSANZ Act during 2017–2018 and the reasons for those extensions:

Nil

(g) The number of applications made to the Administrative Appeals Tribunal during 2017–2018 for a review of a decision made by FSANZ:

Nil

(h) The results of the applications made to the Administrative Appeals Tribunal that were determined during 2017–2018:

Nil

(i) The number of standards made under the FSANZ Act during 2017–2018:

Nil (this includes both standards and variations to standards gazetted)

(j) The number of draft standards and draft variations approved during 2017–2018 under:

Section 18 of the FSANZ Act; or (Final Assessment)

Nil

(k) The number of occasions during 2017–2018 when requests were made under section 21 of the FSANZ Act (as was in force prior to 1 July 2007) for a review of a draft standard or draft variation:

Nil

(l) The number of occasions during 2017–2018 when requests were made under section 22 of the FSANZ Act (as was in force prior to 1 July 2007) for a review of a draft standard or draft variation:

Nil

(m) The number of occasions during 2017–2018 when a draft standard or draft variation was rejected under section 23 of the FSANZ Act (as was in force prior to 1 July 2007):

Nil

(n) The number of occasions during 2017–2018 when requests were made under section 28A of the FSANZ Act (as was in force prior to 1 July 2007) for a review of a standard or variation:

Nil

(p) The number of occasions during 2017–2018 when a standard or variation was revoked or amended under section 28C of the FSANZ Act (as was in force prior to 1 July 2007):

Nil

Applications received and Proposals prepared from 1 October 2007 onwards

Section 152 of the Food Standards Australia New Zealand Act 1991 requires FSANZ to report on its processing of applications and proposals in the following manner:

(aa) The number of applications that were made under section 22 during 2017–2018:

[19]

(ab) The number of applications accepted under subsection 26(1) during 2017–2018:

[17]

(ac) The number of applications rejected under subsection 26(1) during 2017–2018 and the reasons for the rejections:

1

PA1152

Rejected at Admin Assessment on the basis that it did not meet the mandatory information requirements under subsection 22(2) of the FSANZ Act which are set out in Part 3 of the FSANZ Application Handbook.

(ad) The number of applications withdrawn in 2017–2018 under subsection 24(1) during the current year:

[1]

(ae) The number of applications accepted under subsection 26(1) during 2017–2018 that FSANZ had not begun to assess under section 29 during 2017–2018:

[7]

(af) The number of applications accepted under subsection 26(1) during a previous financial year that FSANZ had not begun to assess under section 29 before the end of 2017–2018:

Nil

(a) The number of applications that were considered under Subdivision D of Division 1 of Part 3 during 2017–2018:

[18]

(b) The number of applications that were considered under Subdivision E of Division 1 of Part 3 during 2017–2018:

Nil

(c) The number of applications that were considered under Subdivision F of Division 1 of Part 3 during 2017–2018:

Nil

(d) The number of applications that were considered under Subdivision G of Division 1 of Part 3 during 2017–2018:

0

(e) For each of those Subdivisions, the number of applications considered under that Subdivision that were disposed of during 2017–2018 and the manner of their disposal:

Subdivision D:

14 Approved

1 Withdrawn

1 Rejected

Subdivision E:

0 Approved

0 Withdrawn

Subdivision F:

0 Approved

0 Withdrawn

Subdivision G:

0 Approved

0 Withdrawn

(f) For each of those Subdivisions, the average time taken to dispose of applications during 2017–2018 (for Approval only):

Subdivision D:

9 months

Subdivision E:

N/A

Subdivision F:

N/A

Subdivision G:

N/A

(fa) The number of applications accepted under subsection 26(1) during a previous financial year that FSANZ had begun to assess under section 29 before the end of the current year, but that FSANZ had not disposed of before the end of 2017–2018:

2

(fb) For an application covered by paragraph (fa), the period that has elapsed since the application was accepted under subsection 26(1):

A1102 45 months

A1129 16 months

(g) The number of applications made during 2017–2018 in relation to which a charge fixed under section 146 was payable:

10

(h) The number of applications made during 2017–2018 in relation to which no charge fixed under section 146 was payable:

9

(i) The average number of days that elapsed between the acceptance or rejection under section 26 of an application made during 2017–2018 in relation to which no charge fixed under section 146 was payable, and the commencement of the assessment of the application under section 29:

140

(j) Each occasion during 2017–2018 on which the consideration period under section 109 elapsed without FSANZ completing the procedure that FSANZ must, under Subdivision C of Division 1, adopt in considering the application:

0

(k) Each occasion during 2017–2018 on which FSANZ extended the consideration period under subsection 109(4), and the reasons for that extension:

2

A1102

A1129

(ka) The number of applications declared under section 95 to be urgent applications during 2017–2018:

0

(l) The number of proposals prepared by FSANZ under section 55 during 2017–2018:

2

(la) The number of proposals prepared under section 55 during 2017–2018 that FSANZ had not begun to assess under section 59 during that year:

0

(lb) The number of proposals prepared under section 55 during a previous financial year that FSANZ had not begun to assess under section 59 before the end of 2017–2018:

0

(n) The number of proposals that were disposed of during 2017–2018 and the manner of their disposal:

2 Gazetted

(k) Each occasion during 2017–2018 on which FSANZ extended the consideration period under subsection 109(4), and the reasons for that extension:

1 Approved

0 Abandoned

(o) The average time taken to dispose of proposals under each of Subdivisions D, E, F, G and H of Division 2 of Part 3 during 2017–2018:

General

7.1 Months

Minor

N/A

Major

N/A

High level health claim variation

N/A

(p) The average number of days that have elapsed between the preparation of a proposal under section 55 to which Subdivision G of Division 1 of Part 3 does not apply and the commencement of the assessment of the proposal under section 59:

51 days

P1034 17 days

P1030 21 days

P1028 123 days

P1044 76 days

P1024 19 days

(pa) The number of proposals prepared under section 55 during a previous financial year that FSANZ had begun to assess under section 59 before the end of 2017–2018, but that FSANZ had not disposed of before the end of 2017–2018:

3

(pb) For a proposal covered by paragraph (pa), the period that has elapsed since the proposal was prepared under section 55:

P1046 330 days

P1047 94 days

P1048 58 days

[to 30 June 2018]

(pc) The number of proposals declared under section 95 to be urgent proposals during 2017–2018:

1

In relation to applications or proposals declared to be urgent under section 95, either in 2017–2018 or in previous financial years, the number which were disposed of under section 101 and the manner of their completion:

Nil

(pd) The number of occasions during the current year when the 12 month period referred to in subsection 101(1) ended with no decision having been made under that subsection and the reasons for no decision having been made:

Nil

(q) The number of applications made to the Administrative Appeals Tribunal during 2017–2018 for review of decisions of FSANZ:

Nil

(r) The results of the applications made to the Administrative Appeals Tribunal that were determined during 2017–2018:

N/A

(s) The number of standards made during 2017–2018:

Gazettal and registration on the Federal Register of Legislation of amendments to the Australia New Zealand Food Standards Code occurs throughout the year after the Forum notifies FSANZ that it does not need to review its decision on a Standard or a variation to a Standard; or if, after a review by FSANZ, the Forum accepts or amends the Standards or variation to a Standard. Each series of amendments is sequentially numbered.

FSANZ gazetted amendments to the Australia New Zealand Food Standards Code relating to [14] applications and [2] proposals.

Amendment No. 171 (13 July 2017)
A1123 – Isomalto-oligosaccharide as a Novel Food To permit isomalto-oligosaccharide as a novel food for use as an alternative (lower calorie) sweetener and bulk filler in a range of general purpose and special purpose foods.
Amendment No. 172 (7 September 2017)
A1125 – Endo ß(1,4) Xylanase as a Processing Aid (Enzyme) To permit the use of the enzyme endo ß(1,4) xylanase, derived from Pseudoalteromonas haloplanktis, and produced by a genetically modified source of Bacillus subtilis, for use as a processing aid in the manufacture of cereal products.
A1126 – Pectins & Carrageenan as Processing Aids in Wine (Fining Agent) To permit pectins and carrageenan as processing aids to remove heat-unstable proteins from Australian produced wine.
A1135 – Beta-galactosidase as a Processing Aid (Enzyme) To permit the use of a new source of betagalactosidase from a genetically modified strain of Bacillus licheniformis to be used as a processing aid during the production of reduced lactose or lactose free milk and dairy products.
P1045 – Code Revision (2017) To make minor amendments including the correction of typographical errors and formatting issues and updating of references.
Amendment No. 174 (26 October 2017)
A1127 – Processing Aids in Wine To seek permission for the use of four processing aids, silver chloride, ammonium bisulphite, chitin-glucan and PVI/PVP as processing aids for wine.
Amendment No. 175 (7 December 2017)
A1139 – Food derived from Potato Lines F10, J3, W8, X17 & Y9 To seek approval for food derived from genetically modified potato lines F10, J3, W8, X17 and Y9, which has late blight protection, low acrylamide potential, reduced browning (black spot) and lower reducing sugars.
A1140 – Food derived from Herbicide-tolerant Canola Line MS11 To seek approval for food derived from herbicide-tolerant, male-sterile canola line MS11, genetically modified to provide tolerance to the herbicide glufosinate-ammonium.
M1014 – Maximum Residue Limits (2016) To consider varying certain maximum residue limits for residues of agricultural and veterinary chemicals that may occur in food.
Amendment No. 176 (11 January 2018)
A1130 – Triacylglycerol Lipase as a Processing Aid (Enzyme) To permit the use of triacylglycerol lipase from Candida cylindracea as a processing aid in baking, dairy foods processing and fats and oils processing.
A1131 – Aqualysin 1 (Protease) as a Processing Aid (Enzyme) To permit the use of aqualysin 1 sourced from Bacillus subtilis containing the aqualysin 1 gene from Thermus aquaticus for use as a processing aid in the manufacture of bakery products.
Amendment No. 177 (22 February 2018)
A1138 – Food derived from Provitamin A Rice Line GR2E To seek approval for food derived from rice line GR2E genetically modified to contain increased levels of provitamin A in the grain.
A1143 – Food derived from DHA Canola Line NS-B50027-4To seek approval for food derived from canola line NS-B50027-4, genetically modified to produce omega-3 long chain polyunsaturated fatty acids, particularly DHA, in the seed.
Amendment No. 178 (3 May 2018)
A1136 – Protein Glutaminase as a Processing Aid (Enzyme)To permit the use of protein-glutaminase from Chryseobacterium proteolyticum as a processing aid to improve protein functionality in baking, noodle, dairy, meat, fish and yeast products.
Amendment No. 179 (24 May 2018)
A1142 – Addition of Prescribed Method of Analysis for Resistant Starch To add a method of analysis for dietary fibre and other fibre content for specifically named fibre content of food (resistant starch).
A1147 – Food derived from Herbicide-tolerant Cotton Line GHB811To seek approval for food derived from cotton line GHB811, genetically modified to provide resistance to isoxaflutole and glyphosate.


(t) The number of draft standards and draft variations approved during 2017–2018 under each of the following:

Section 33 and 63:

16

Section 41 and 69:

Nil

Section 52 and 78:

Nil

Section 97:

Nil

(ta) The number of variations given to the Authority under subsection 82(6) during 2017–2018:

The Australian Pesticides and Veterinary Medicines Authority gazetted and registered on the Federal Register of Legislation 11 amendments to Schedule 20:

APVMA 7, 2017, 11 July 2017

APVMA 8, 2017, 8 August 2017

APVMA 9, 2017, 5 September 2017

APVMA 10, 2017, 3 October 2017

APVMA 11, 2017, 31 October 2017

APVMA 12, 2017, 28 November 2017

APVMA 1, 2018, 16 January 2018

APVMA 2, 2018, 13 March 2018

APVMA 3, 2018, 24 April 2018

(u) The number of occasions during 2017–2018 when requests were made by the Council under Division 3 of Part 3 for a review of a draft standard or draft variation:

Nil

 

(v) The number of occasions during 2017–2018 when a draft standard or draft variation was rejected by the Council under Division 3 of Part 3:

Nil

(w) The number of occasions during 2017–2018 when requests were made by the Council under Division 4 of Part 3 for a review of a standard or variation:

Nil

(x) The number of occasions during 2017–2018 when a standard or variation was revoked or amended by the Council under Division 4 of Part 3:

Nil

(y) A summary of policy guidelines notified to FSANZ during 2017–2018:

No guidelines were notified.

(z) Such other matters (if any) as are specified in the Regulations:

N/A

← Previous section: Appendix 3 | Next section: Appendix 5→     

Print

Return to top