26 MAY 2005

NEW ZEALAND GAZETTE, No. 83

1993

These variations are published pursuant to section 23A of the Food Standards Australia New Zealand Act 1991.

2. Citation

These variations may be collectively known as the Australia New Zealand Food Standards Code – Amendment No. 78 – 2005.

3. Commencement

These variations commence on gazettal, with the exception of Items [23.2] and [25], which commence 12 months from Gazettal.

SCHEDULE

[1] The Australia New Zealand Food Standards Code is varied by —

[1.1] omitting the Commentary, substituting —

COMMENTARY

THE AUSTRALIA NEW ZEALAND FOOD STANDARDS SYSTEM

The Australia New Zealand food standards system is a co-operative arrangement between Australia, New Zealand and the Australian States and mainland Territories to develop and implement uniform food standards.

The system for the development of joint Australia New Zealand food standards was first established under a treaty between Australia and New Zealand signed in December 1995. Within Australia, the system is based upon the initial 1991 Commonwealth, State and Territory Agreement in relation to the adoption of uniform food standards. This system continues in operation under the Food Regulation Agreement 2002, and is implemented by food legislation in each State and Territory and in New Zealand, and by the Food Standards Australia New Zealand Act 1991 (FSANZ Act) of the Commonwealth of Australia. The FSANZ Act establishes the mechanisms for the development and variation of joint food regulatory measures (a food standard or a code of practice) and creates Food Standards Australia New Zealand (the Authority) as the agency responsible for the development and maintenance of a joint Australia New Zealand Food Standards Code (the Code).

Although the Authority develops food standards, responsibility for enforcing and policing food standards rests with the States and Territories in Australia and the New Zealand government in New Zealand. Further, in relation to food imported into Australia, the Commonwealth, through the Imported Food Control Act 1992, enforces the Code. Within each jurisdiction there are one or more agencies responsible for food surveillance charged with the task of ensuring the requirements of the Code are met.

Australia New Zealand Food Standards Code

The Code is a collection of individual food standards. Standards on related matters are grouped together into Parts, which in turn are collected together into four Chapters. Chapter 1 deals with standards which apply to all foods, with the exception of Maximum Residue Limits (MRLs) and processing requirements for which New Zealand has its own regulations. Chapter 2 deals with standards affecting particular classes of foods. Food hygiene is not part of the joint food standards system and Chapter 3 deals with food hygiene issues specific to Australia. New Zealand has its own food hygiene arrangements. Chapter 4 contains standards dealing with the primary production of food in Australia. Again, New Zealand has its own arrangements for primary production of food.

Food standards have the force of law. It is an offence in New Zealand, and a criminal offence in Australia to supply food that does not comply with relevant food standards. Notwithstanding food standards, it is also an offence to sell food which is damaged, deteriorated or perished, which is adulterated, or which is unfit for human consumption. Because food standards are given legal effect by State, Territory and New Zealand laws, it is important to read this Food Standards Code in conjunction with the relevant food legislation.

This Code should also be read in conjunction with other applicable laws, such as the Australian Trade Practices Act 1974, the New Zealand and State and Territory Fair Trading Acts and the New Zealand, State and Territory Food Acts. The provisions in these Acts, particularly relating to conduct which is false, misleading or deceptive, apply to the supply of food in trade and commerce.

Food standards are developed or varied by the Authority, either by application from any agency, body, or person, or by a proposal of its own initiative. Notices are published in Australia and New Zealand seeking comment from the public on applications and proposals.

The Authority is required by the FSANZ Act to observe certain processes in the course of developing or reviewing food regulatory measures. However the Authority must have regard to the following overarching objectives, in priority order:

• the protection of public health and safety; and
• the provision of adequate information relating to food to enable consumers to make informed choices; and
• the prevention of misleading or deceptive conduct.

The Authority must also have regard to the following:

• the need for standards to be based on risk analysis using the best available scientific evidence;
• the promotion of consistency between domestic and international food standards;
• the desirability of an efficient and internationally competitive food industry;
• the promotion of fair trading in food;
• any written policy guidelines formulated by the Council for the purposes of this paragraph and notified to the Authority.

Standards or variations to standards developed and approved by the Authority are subject to review by a council of Health Ministers known as the Australia and New Zealand Food Regulation Ministerial Council. The Council meets approximately twice a year, with some business conducted out-of-session through correspondence.

Standards approved by the Authority are published in the Commonwealth of Australia Gazette and the New Zealand Gazette and become legally binding. A commencement date for the standard is also specified. The standards published in the Gazettes are adopted by reference and without amendment into the food laws of the States and Territories and of New Zealand.