Purpose:

This Act aims to ensure a high standard of public health protection throughout Australia and New Zealand by establishing Food Standards Australia New Zealand to develop and regulate food standards.

Objectives:

• A high degree of consumer confidence in the quality and safety of food produced, processed, sold, or exported from Australia and New Zealand.
• An effective, transparent, and accountable regulatory framework within which the food industry can work efficiently.
• The provision of adequate information relating to food to enable consumers to make informed choices.
• The establishment of common rules for both countries and the promotion of consistency between domestic and international food regulatory measures without reducing the safeguards applying to public health and consumer protection.

Key Provisions:

• Establishment of Food Standards Australia New Zealand (FSANZ) as a body corporate responsible for developing and reviewing food regulatory measures, including standards and codes of practice.
• Outlining the Authority’s objectives in developing food regulatory measures, prioritising public health and safety, consumer information, and prevention of misleading conduct, while also considering risk analysis, international consistency, and industry efficiency.
• Detailed procedures for considering applications and proposals for the development or variation of food regulatory measures, encompassing general procedures, modifications for minor or major variations, and specific procedures for high level health claims variations.
• Specification of various matters that may be included in food standards, such as food composition, production, handling, labelling, advertising, hygiene requirements for persons and businesses, and the design and maintenance of premises, equipment, and vehicles.
• Provisions for the Australian Pesticides and Veterinary Medicines Authority (APVMA) to vary the Maximum Residue Limits Standard, requiring dietary exposure assessments and notification to the Authority and the Forum on Food Regulation.
• Establishment of mechanisms for the Forum on Food Regulation to review draft standards and variations, allowing them to request reviews, amend, or reject drafts before they take effect.
• Inclusion of specific procedures for urgent applications and proposals related to standards, allowing for expedited consideration when public health and safety are at risk or unexpected negative trade impacts occur.
• General rules governing the consideration of applications and proposals, including the Authority’s power to require further information, conduct public hearings, and rely on the work of other government agencies.

Evidence of Compliance Requirements For Agricultural Organisations:

• Adherence to Food Composition Standards: Maintain records of sampling and testing methods and results to demonstrate that food meets specified maximum or minimum amounts of contaminants, residues, and additives, and adheres to microbiological status and safety requirements.
• Compliance with Food Production Standards: Keep records of production processes and adherence to specified methods to ensure food is produced according to regulatory requirements.
• Compliance with Food Handling Standards: Maintain documentation of food handling procedures, including producing, collecting, receiving, storing, serving, displaying, packaging, transporting, disposing of, or recalling food, and have records of food movement and storage conditions, as well as specific recall plans if applicable.
• Adherence to Food Sale Prohibition and Conditions: Ensure internal records demonstrate compliance with any prohibitions on food sale, whether in all circumstances or specified conditions, and adhere to any specified conditions for sale.
• Compliance with Food Information, Labelling, Promotion, and Advertising Standards: Maintain copies of all food labels, promotional materials, and advertisements to demonstrate adherence to requirements for providing adequate information and preventing misleading or deceptive conduct.
• Compliance with Hygiene Requirements for Food Handlers and Businesses: Maintain records of staff training in hygiene, conduct and document health checks for food handlers, implement and document hygiene policies and procedures for the business, and maintain records demonstrating the preservation of confidentiality for individual hygiene information, except in specified circumstances.
• Compliance with Temperature Measurement Standards: Utilise and maintain calibration records for devices used to measure food temperature, and keep records of temperature monitoring conducted during food handling.
• Compliance with Premises, Equipment, and Vehicle Standards: Maintain detailed maintenance logs, cleaning schedules and records for all premises (including fittings and fixtures), equipment (including single-use items), and vehicles used in food handling, along with any relevant inspection reports.
• Provision of Business Information to State or Territory Authorities: Provide any information about the business to State or Territory authorities as required by food standards, maintaining records of such submissions.
• Compliance with Animal and Pest Control Requirements: Implement and maintain records of pest control measures and animal exclusion policies within premises where food is handled and in vehicles used for food transport.
• Submission of Applications for Food Regulatory Measure Development or Variation: Ensure all applications for the development or variation of a food regulatory measure are submitted in writing, in the form specified by guidelines, and include all required information and things.
• Provision of Further Information to the Authority: When requested by the Authority for additional information to assess an application or determine charges, submit the specified information within the reasonable time specified in the request.
• Payment of Application Charges: Pay the required charges to the Authority for applications that would confer an exclusive capturable commercial benefit on the applicant, or if the applicant has elected to have the consideration of the application expedited; the first instalment of the charge is due within 20 business days after the notification of acceptance.

Metadata Keywords:

Food Standards, Australia, New Zealand, Food Safety, Public Health, Food Regulation, Food Industry, Primary Food Production, Labelling, Maximum Residue Limits

Publication Information:

Compilation No. 29 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2004A04193/2024-10-14/2024-10-14/text/original/pdf →