Australia New Zealand Food Standards Code—Amendment No. 214
The following instruments are separate instruments in the Federal Register of Legislation and are known collectively in the Food Standards Gazette as Amendment No. 214.
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of the variation.
Dated 1 December 2022.
LISA KELLY, Delegate of the Board of Food Standards Australia New Zealand.
Note: This variation will be published in the Commonwealth of Australia Gazette No. FSC 154 on 8 December 2022. This means that this date is the gazettal date for the purposes of clause 3 of the variation |
This instrument is the Food Standards (Application A1239 – Food derived from EPA and DHA producing and herbicide-tolerant canola line LBFLFK) Variation.
The Schedule varies a Standard in the Australia New Zealand Food Standards Code.
The variation commences on the date of gazettal.
[1] Subsection S26—3(2)
Repeal the subsection (not including the note), substitute
(2) Items 1(g), 1(i), 2(m), 7(e), (g) and (h), and 9(a) of the table to subsection (4) are subject to the condition that their labelling must comply with section 1.5.2—4.
[2] Subsection S26—3(4) (table item 1, column headed “Food derived from:”)
Add:
(i) EPA and DHA producing and herbicide-tolerant canola line LBFLFK, subject to the condition that oil derived from EPA and DHA producing and herbicide-tolerant canola line LBFLFK must not be used as an ingredient in infant formula products (see subsection (2)) |
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.
Dated 2 December 2022.
LEISE BERVEN, Delegate of the Board of Food Standards Australia New Zealand.
Note: This variation will be published in the Commonwealth of Australia Gazette No. FSC 154 on 8 December 2022. This means that this date is the gazettal date for the purposes of clause 3 of the variation. |
This instrument is the Food Standards (Application A1240 – Polygalacturonase from GM Aspergillus oryzae as a processing aid) Variation.
The Schedule varies a Standard in the Australia New Zealand Food Standards Code.
The variation commences on the date of gazettal.
[1] Subsection S18—9(3) (table)
Insert:
Polygalacturonase (EC 3.2.1.15) sourced from Aspergillus oryzae containing the polygalacturonase gene from Aspergillus tubingensis |
For use during the manufacture and/or processing of the following types of food: (a) coffee; (b) fruit and vegetable juices; (c) fruit and vegetable products; (d) wine; and (e) flavouring substances. |
GMP |
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.
Dated 2 December 2022.
LEISE BERVEN, Delegate of the Board of Food Standards Australia New Zealand.
Note: This variation will be published in the Commonwealth of Australia Gazette No. FSC 154 on 8 December 2022. This means that this date is the gazettal date for the purposes of clause 3 of the variation. |
This instrument is the Food Standards (Application A1241 – Pectinesterase from GM Aspergillus oryzae as a processing aid) Variation.
The Schedule varies a Standard in the Australia New Zealand Food Standards Code.
The variation commences on the date of gazettal.
[1] Subsection S18—9(3) (table)
Insert:
Pectinesterase (EC 3.1.1.11) sourced from Aspergillus oryzae containing the pectinesterase gene from Aspergillus tubingensis |
For use during the manufacture and/or processing of the following types of food: (a) coffee; (b) fruit and vegetable juices; (c) fruit and vegetable products; (d) wine; and (e) flavouring substances. |
GMP |
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.
Dated 2 December 2022.
LEISE BERVEN, Delegate of the Board of Food Standards Australia New Zealand.
Note: This variation will be published in the Commonwealth of Australia Gazette No. FSC 154 on 8 December 2022. This means that this date is the gazettal date for the purposes of clause 3 of the variation. |
This instrument is the Food Standards (Application A1246 – Phospholipase A1 from GM Aspergillus oryzae) Variation.
The Schedule varies a Standard in the Australia New Zealand Food Standards Code.
The variation commences on the date of gazettal.
[1] Subsection S18—9(3) (table)
Insert:
Phospholipase A1 (EC 3.1.1.32) sourced from Aspergillus oryzae containing the phospholipase A1 gene from Valsaria rubricosa |
For use in the manufacture of bakery products |
GMP |
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.
Dated 2 December 2022.
LEISE BERVEN, Delegate of the Board of Food Standards Australia New Zealand.
Note: This variation will be published in the Commonwealth of Australia Gazette No. FSC 154 on 8 December 2022. This means that this date is the gazettal date for the purposes of clause 3 of the variation |
This instrument is the Food Standards (Application A1248 – Glucoamylase from GM Aspergillus niger (gene donor: Gloeophyllum trabeum) as a processing aid) Variation.
The Schedule varies a Standard in the Australia New Zealand Food Standards Code.
The variation commences on the date of gazettal.
[1] Subsection S18—9(3) (table)
Insert:
Glucoamylase, protein engineered variant, (EC 3.2.1.3) sourced from Aspergillus niger containing the glucoamylase gene from Gloeophyllum trabeum |
For use in starch processing and the production of potable alcohol |
GMP |
[2] Subsection S18—9(3) (note after table)
Repeal the note, substitute:
Note |
Some enzyme sources identified in this table are protein engineered. If such an enzyme is used as a processing aid, the resulting food may have as an ingredient a food produced using gene technology, and the requirements relating to foods produced using gene technology will apply—see Standard 1.2.1 and Standard 1.5.2. The relevant enzymes are the following:
|
The Board of Food Standards Australia New Zealand gives notice of the making of this Standard under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on a date 12 months after the date of gazettal.
Dated 1 December 2022.
LISA KELLY, Delegate of the Board of Food Standards Australia New Zealand.
Note: This Standard will be published in the Commonwealth of Australia Gazette No. FSC 154 on 8 December 2022. This means that this date is the gazettal date for the purposes of the above notice. |
Note 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.
Note 2 This Standard applies in Australia only.
This Standard is Australia New Zealand Food Standards Code – Standard 3.2.2A – Food Safety Management Tools.
Note Commencement:
This Standard commences on a date that is 12 months after the date of gazettal, being the dates specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.
In this Standard:
category one business—see 3.2.2A—6.
category two business—see 3.2.2A—7.
food safety supervisor means a person who:
food safety supervisor certificate means certification as a food safety supervisor by:
food safety training course means training in food safety that includes training in each of the following:
potentially hazardous food means food that has to be kept at certain temperatures to:
prescribed activity—see 3.2.2A—5.
process, in relation to food, means activity conducted to prepare food for sale and includes chopping, cooking, drying, fermenting, heating, thawing and washing, or a combination of these activities.
ready-to-eat food means food that is ordinarily consumed in the same state as that in which it is sold, but does not include:
Note 1 In this Code (see section 1.1.2—2):
application Act means an Act or Ordinance of a *jurisdiction under which the requirements of this Code are applied in the jurisdiction.
authorised officer, in relation to a jurisdiction, means a person authorised or appointed under an application Act or other legislation of the relevant *jurisdiction for the purposes of enforcement of a provision of the relevant application Act, or for purposes that include that purpose.
caterer means a person, establishment or institution (for example, a catering establishment, a restaurant, a canteen, a school, or a hospital) which handles or offers food for immediate consumption.
fund raising event means an event that raises funds solely for a community or charitable cause and not for personal financial gain.
jurisdiction means a State or Territory of Australia, the Commonwealth of Australia, or New Zealand.
relevant authority means an authority responsible for the enforcement of the relevant application Act.
Note 2 In this Chapter (see clause 2 of Standard 3.1.1):
food business means a business, enterprise or activity (other than primary food production) that involves –
(a) the handling of food intended for sale; or
(b) the sale of food;
regardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only.
food premises means any premises including land, vehicles, parts of structures, tents, stalls and other temporary structures, boats, pontoons and any other place declared by the relevant authority to be premises under the Food Act kept or used for the handling of food for sale, regardless of whether those premises are owned by the proprietor, including premises used principally as a private dwelling, but does not mean food vending machines or vehicles used only to transport food.
handling of food includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food.
(1) This Standard applies to a food business in Australia that is a category one business or a category two business.
(2) This Standard does not apply to the handling of food for or at a *fund raising event.
(1) For the purposes of this Standard, food service means a food business which processes and serves ready-to-eat food direct to a consumer, whether consumed at the food premises or elsewhere.
(2) For the purposes of subsection (1), serve means the act of setting out or presenting food to or for a person to eat that food and includes the following activities:
For the purposes of this Standard, a prescribed activity is the handling by the food business of any unpackaged potentially hazardous food that:
For the purposes of this Standard, a category one business means a food business that:
For the purposes of this Standard, a category two business means a food business that offers for retail sale a food that is:
where that food:
A category one business must comply with sections 3.2.2A—10, 3.2.2A—11 and 3.2.2A—12.
A category two business must comply with sections 3.2.2A—10 and 3.2.2A—11.
The food business must ensure that each food handler who engages in a prescribed activity has, before engaging in that activity:
3.2.2A—11 Supervision of food handlers
The food business must:
3.2.2A—12 Substantiating food safety management of prescribed activities
(1) Subject to subsection (3), if the food business engages in a prescribed activity, the food business must make a record that substantiates any matter that the prescribed provisions require in relation to that prescribed activity.
(2) The food business must keep a record required by subsection (1) for 3 months after the business makes the record.
(3) Subsection (1) does not apply to a food business that can demonstrate to the reasonable satisfaction of an *authorised officer on request that the business has complied with each of the prescribed provisions.
(4) For the purposes of this section, the prescribed provisions are the following provisions of Standard 3.2.2:
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.
Dated 1 December 2022.
LISA KELLY, Delegate of the Board of Food Standards Australia New Zealand.
Note: This Standard will be published in the Commonwealth of Australia Gazette No. FSC 154 on 8 December 2022. This means that this date is the gazettal date for the purposes of the above notice. |
This instrument is the Food Standards (Proposal P1053 – Food Safety Management Tools – Consequential Amendments) Variation.
The Schedule varies a Standard in the Australia New Zealand Food Standards Code.
The variation commences immediately after the commencement of Standard 3.2.2.A.
[1] Subsection 1.1.1—2(2)
Omit:
Standard 3.2.2 Food Safety Practices and General Requirements
Substitute:
Standard 3.2.2 Food Safety Practices and General Requirements
Standard 3.2.2.A Food Safety Management Tools