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Australia New Zealand Food Standards Code—Amendment No. 214

Publication Date
8 Dec 2022

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Food Standards Australia New Zealand Act Variations to the Australia New Zealand Food Standards Code Food Standards Australia New Zealand

Notice Number

2022-gs5359
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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.

Food Standards (Application A1239 – Food derived from EPA and DHA producing and herbicide-tolerant canola line LBFLFK) Variation

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

1 Name

This instrument is the Food Standards (Application A1239 – Food derived from EPA and DHA producing and herbicide-tolerant canola line LBFLFK) Variation.

2 Variation to a Standard in the Australia New Zealand Food Standards Code

The Schedule varies a Standard in the Australia New Zealand Food Standards Code.

3 Commencement

The variation commences on the date of gazettal.

Schedule

Schedule 26—Food produced using gene technology

[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))

Food Standards (Application A1240 – Polygalacturonase from GM Aspergillus oryzae as a processing aid) Variation

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.

1 Name

This instrument is the Food Standards (Application A1240 – Polygalacturonase from GM Aspergillus oryzae as a processing aid) Variation.

2 Variation to a Standard in the Australia New Zealand Food Standards Code

The Schedule varies a Standard in the Australia New Zealand Food Standards Code.

3 Commencement

The variation commences on the date of gazettal.

Schedule

Schedule 18—Processing aids

[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

Food Standards (Application A1241 – Pectinesterase from GM Aspergillus oryzae as a processing aid) Variation

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.

1 Name

This instrument is the Food Standards (Application A1241 – Pectinesterase from GM Aspergillus oryzae as a processing aid) Variation.

2 Variation to a Standard in the Australia New Zealand Food Standards Code

The Schedule varies a Standard in the Australia New Zealand Food Standards Code.

3 Commencement

The variation commences on the date of gazettal.

Schedule

Schedule 18—Processing aids

[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

Food Standards (Application A1246 – Phospholipase A1 from GM Aspergillus oryzae) Variation

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.

1 Name

This instrument is the Food Standards (Application A1246 – Phospholipase A1 from GM Aspergillus oryzae) Variation.

2 Variation to a Standard in the Australia New Zealand Food Standards Code

The Schedule varies a Standard in the Australia New Zealand Food Standards Code.

3 Commencement

The variation commences on the date of gazettal.

Schedule

Schedule 18—Processing aids

[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

Food Standards (Application A1248 – Glucoamylase from GM Aspergillus niger (gene donor: Gloeophyllum trabeum) as a processing aid) Variation

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

1 Name

This instrument is the Food Standards (Application A1248 – Glucoamylase from GM Aspergillus niger (gene donor: Gloeophyllum trabeum) as a processing aid) Variation.

2 Variation to a Standard in the Australia New Zealand Food Standards Code

The Schedule varies a Standard in the Australia New Zealand Food Standards Code.

3 Commencement

The variation commences on the date of gazettal.

Schedule

Schedule 18—Processing aids

[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:

  • Endo-1,4-ß-xylanase, protein engineered variant;
  • Glucoamylase, protein engineered variant;
  • Maltogenic α-Amylase, protein engineered variant;
  • Protein engineered enzymes used in the manufacture of various steviol glycosides.

Food Standards (Proposal P1053 – Food Safety Management Tools) Variation

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.

Standard 3.2.2A Food Safety Management Tools

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.

3.2.2A—1 Name

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.

3.2.2A—2 Definitions

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:

  1. holds a food safety supervisor certificate that has been issued within the immediately preceding period of 5 years; and
  2. has the authority and ability to manage and give direction on the safe handling of food.

food safety supervisor certificate means certification as a food safety supervisor by:

  1. a registered training organisation; or
  2. an organisation recognised by the *relevant authority under the application Act.

food safety training course means training in food safety that includes training in each of the following:

  1. safe handling of food; and
  2. food contamination; and
  3. cleaning and sanitising of food premises and equipment; and
  4. personal hygiene.

potentially hazardous food means food that has to be kept at certain temperatures to:

  1. minimise the growth of any pathogenic microorganisms that may be present in the food; or
  2. prevent the formation of toxins in the food.

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:

  1. nuts in the shell; or
  2. whole, raw fruits; or
  3. vegetables that are intended for hulling, peeling or washing by the consumer.

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.

3.2.2A—3 Application of this Standard

(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.

3.2.2A—4 Food service

(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:

    1. portioning food from a bulk tray or container into single serves and placing it on plates; or
    2. presenting food in a bain-marie or other bulk food display unit for self‑service; or
    3. delivery of plated food.

3.2.2A—5 Prescribed activities

For the purposes of this Standard, a prescribed activity is the handling by the food business of any unpackaged potentially hazardous food that:

    1. is used in the preparation of ready-to-eat food to be served to a consumer; or
    2. is ready-to-eat food intended for retail sale by that business.

3.2.2A—6 Category one business

For the purposes of this Standard, a category one business means a food business that:

  1. is a *caterer or a food service; and
  2. processes unpackaged potentially hazardous food into a food that is:
    1. potentially hazardous food; and
    2. ready-to-eat food.

3.2.2A—7 Category two business

For the purposes of this Standard, a category two business means a food business that offers for retail sale a food that is:

  1. potentially hazardous food; and
  2. ready-to-eat food; and

where that food:

    1. was received unpackaged by the food business or was unpackaged by the food business after receipt; and
    2. was not made or processed (other than slicing, weighing, repacking, reheating or hot-holding the food) by the food business.

3.2.2A—8 Food safety management tools required for category one businesses

A category one business must comply with sections 3.2.2A—10, 3.2.2A—11 and 3.2.2A—12.

3.2.2A—9 Food safety management tools required for category two businesses

A category two business must comply with sections 3.2.2A—10 and 3.2.2A—11.

3.2.2A—10 Food safety training for food handlers engaged in a prescribed activity

The food business must ensure that each food handler who engages in a prescribed activity has, before engaging in that activity:

  1. completed a food safety training course; or
  2. skills and knowledge of food safety and hygiene matters commensurate with that specific prescribed activity.

3.2.2A—11 Supervision of food handlers

The food business must:

  1. appoint a food safety supervisor before engaging in a prescribed activity; and
  2. ensure that the food safety supervisor is reasonably available to advise and supervise each food handler engaged in that prescribed activity.

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:

  1. subclause 5(3);
  2. paragraph 6(2)(a);
  3. paragraph 7(1)(b)(ii);
  4. subclause 7(2);
  5. subclause 7(3);
  6. subclause 7(4);
  7. paragraph 8(5)(a);
  8. paragraph 10(b); and
  9. clause 20.

Food Standards (Proposal P1053 – Food Safety Management Tools – Consequential Amendments) Variation

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.

1 Name

This instrument is the Food Standards (Proposal P1053 – Food Safety Management Tools – Consequential Amendments) Variation.

2 Variation to Standards in the Australia New Zealand Food Standards Code

The Schedule varies a Standard in the Australia New Zealand Food Standards Code.

3 Commencement

The variation commences immediately after the commencement of Standard 3.2.2.A.

Schedule

Standard 1.1.1—Structure of the Code and general provisions

[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