Role of Food Standards Australia New Zealand
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August 8, 2006
The primary function of Food Standards Australia New Zealand (‘FSANZ’) is to develop, vary and review standards in the Australia New Zealand Food Standards Code and make recommendations to the Australia New Zealand Food Regulation Ministerial Council about those standards where appropriate. Standards may relate to: the composition, production, packaging, storing or handling of food; information about food including labelling, promotion and advertising; the interpretation of other standards; and other public health matters where prescribed.
Other functions are: to oversee matters of food surveillance, carry out research relevant to the standard-making function, develop food safety education initiatives, co-ordinate food recalls, develop policies on importing food, advise the Commonwealth Minister on food matters and develop codes of practices for industry on matters relevant to standards. Many of these functions are to be carried out in consultation with the States and Territories.
Food Standards Australia New Zealand comprises twelve board members from the specialist areas of public health, food science, human nutrition, consumer affairs, food allergy, medical science, microbiology, food safety, biotechnology, veterinary science, primary food production, the food industry, food processing or retailing, small business, international trade, food regulation, consumer rights and consumer affairs policy, the National Health and Medical Research Council (NHMRC) and government.
The Food Standards Australia New Zealand Act 1991 (Cth) section 10 sets out, in descending order of priority, objectives for standard-making to which the Authority must have regard:
the protection of public health and safety; the provision of adequate information relating to food to enable consumers to make informed choices and prevent fraud and deception; the promotion of fair trading in food; the promotion of trade and commerce in the food industry; the promotion of consistency between domestic and international food standards where these are at variance.
Where Food Standards Australia New Zealand makes a recommendation to the Ministerial Council the latter may adopt the draft, or, after making any amendments the Ministerial Council considers necessary, adopt the draft so amended, or reject the draft, or return the draft to FSANZ for reconsideration wholly or in part. After the Ministerial Council adopts a draft it is published in the Commonwealth of Australia Gazette specifying the date it is to come into effect.
Any body or person may apply to FSANZ for the development or variation of a food standard. If, after a preliminary assessment, FSANZ decides to proceed with the application it must make a full assessment of it and in doing so it must have regard to: any timely submissions, the objectives for standard-making, any relevant New Zealand standards and any other relevant matters. If having assessed an application FSANZ rejects it, FSANZ must give its reasons for the rejection of the application. This decision to reject is reviewable, on application, by the Commonwealth Administrative Appeals Tribunal.
Apart from the application process, the Authority has the power on its own initiative to develop or vary or (on its own initiative or on request) review standards. Legislation Relevant to FSANZ:
Food Standards Australia New Zealand Act 1991 (Cth)
Australia New Zealand Food Authority Amendment Act 2001 (Cth)