Australia New Zealand Food Standards Code

© 2006 Lawmedia Pty Ltd
January 18, 2006

On 20 December 2002 , the Australia New Zealand Food Standards Code became the uniform Code governing both countries, with some reserved exceptions for certain food standards not to apply in New Zealand. The Code came into effect after a two year transition period where food businesses had the choice of complying with either the old regulations or the new Code (but not a mixture of both). In Australia, this meant complying with either the previous Food Standards Code (known as Volume 1) or the new Code; and in New Zealand, businesses could comply with either the old Code, the New Zealand regulations or the new Code (known as Volume 2). By 20 December 2002, food businesses were expected to be in compliance with the new Code, although there are still some transitional provisions such as for existing trading stock with long shelf life.

The Joint Food Standards Code is divided into 4 chapters, and note that Chapters Three and Four only apply in Australia and not in New Zealand . Chapter One and Chapter Two of the New Joint Food Standards Code were gazetted on 20th December 2000. Chapter 3 had been gazetted previously in August 2000 as being effective from 24 February 2001 , although there were variations within this timeframe for Chapter Three. Standard 3.2.1 Food Safety Programs is already in effect. However, it was not applied until such time as the States and Territories adopted classifications of different businesses according to food safety risk. Standard 3.2.2 Division 2 (3) Skills and Knowledge and (4) Notification, did not come into effect until 24 February 2002 . Chapter 4 Primary Production Standards, containing only Standard 4.1.1 Wine Production requirements, were introduced in January 2003.

While the Joint Food Standards Code of food safety standards was expected by the Federal Government to introduce more uniformity in food safety practices and food standards throughout the Australian States and Territories and throughout New Zealand , in most States and Territories actual enforcement of food law was dealt with by local municipal councils and their respective Environmental Health Officers. As there are differing levels of enforcement in different municipalities throughout Australia, it has proven difficult to achieve absolute uniformity across Australia because of differences in the geographic spread of key food industry operators and the differing financial resources of local government councils. Different local government councils have had differing levels of enforcement in accordance with their differing priorities and the different financial resources available to them.

Apart from and in addition to the regulatory food standards set out in the Australia New Zealand Food Standards Code (which have the force of law, see for example Section 16 of the Food Act (Victoria) or Section 21 of the Food Act (New South Wales)), there are voluntary industry standards which may be relevant to your requirements (e.g. some labelling or advertising standards and other aspects relevant to food merchandising or food preservation).

Some industry standards relating to food in particular sectors may operate either as voluntary industry compliance schemes or, in some instances, are imposed contractually on food suppliers by major customers of the food supplier, such as the larger Australian supermarket chains and food processors - even as a prerequisite for supplying the retailer or processor. These additional standards may address issues such as food compositional and hygiene specifications, traceability of the food product to each source of supply or transport requirements (such as refrigeration logging of temperatures) or other aspects of food supply and sometimes might include requirements for testing for contamination or residues or other tests.

Although the Food Standards Code is made available by FSANZ online here: http://www.foodstandards.gov.au/thecode/foodstandardscode.cfm, it is not in a format that allows downloading or copying. This is because FSANZ authorises distribution of complete food standards (via CD or online access) to those who subscribe for a service authorised by FSANZ through its licensed distributors. Currently, Australian Food News is not a licensee and is therefore not able to provide access to downloadable copies of the Food Standards Code.