Understanding the Australian New Zealand Food Standards Code
The Australian New Zealand Food Standards Code (the Code) is a cornerstone of food regulation in the trans-Tasman region, providing a structured legal framework for food production and sale. Developed and administered by Food Standards Australia New Zealand (FSANZ), it governs the requirements for ingredients, labelling, safety, and processing for food available in both countries. Its creation stemmed from the 1995 Food Standards Treaty, which harmonised food standards and reduced trade barriers between Australia and New Zealand. However, while much of the Code is bi-national, certain areas of food safety and hygiene are regulated separately in each country. For food businesses, understanding and adhering to the Code is a legal requirement, and for consumers, it provides confidence in the food supply.
The Core Purpose of the Code
The Code serves multiple key objectives, all aimed at protecting public health and ensuring a transparent and efficient food market. Its primary purposes are:
- To ensure that food is safe and suitable for human consumption, thereby protecting public health.
- To prevent misleading or deceptive conduct associated with the sale of food.
- To provide consumers with adequate information to make informed choices about their food purchases.
- To create an effective regulatory framework that fosters an efficient and innovative food industry.
The Scope of Regulations Under the Code
The Code is extensive and regulates a wide array of food-related topics. Its standards are categorised into four chapters:
- Chapter 1 – General Food Standards: This chapter applies to all foods and covers universal requirements. It includes standards for general labelling, additives, processing aids, contaminants, and the regulation of novel foods like genetically modified or irradiated foods.
- Chapter 2 – Food Product Standards: This chapter contains specific standards for particular foods or classes of foods, covering definitions, composition, and labelling requirements. Examples include standards for dairy products, meat, and beverages.
- Chapter 3 – Food Safety Standards: These are Australian-only standards focusing on food safety practices and hygiene. They set out requirements for food handling and for food businesses to ensure food is safe and suitable.
- Chapter 4 – Primary Production and Processing Standards: This chapter also contains Australian-only standards, covering primary production and processing sectors such as seafood, meat, dairy, eggs, and wine.
The Role of Food Standards Australia New Zealand (FSANZ)
As the developer and administrator of the Code, FSANZ plays a central role in the bi-national food regulation system. FSANZ is a statutory authority established under the Food Standards Australia New Zealand Act 1991. Its core functions include:
- Developing, varying, and reviewing the food standards set out in the Code.
- Conducting risk assessments and research to inform evidence-based standards.
- Coordinating food surveillance and recall systems in Australia, and liaising on recalls in New Zealand.
- Working with other government agencies, industry, and consumers to ensure standards meet public health and consumer needs.
FSANZ does not have enforcement powers; that responsibility lies with governmental agencies in each jurisdiction.
Comparison of Australian and New Zealand Food Regulation
While the Code provides a foundation of harmonised standards, the regulatory landscape has key differences, primarily concerning enforcement and food safety.
| Aspect | Australia | New Zealand |
|---|---|---|
| Standards Jurisdiction | FSANZ develops standards for labelling, composition, safety, primary production, and more. | FSANZ develops standards for labelling, composition, and contaminants. |
| Food Safety | Food Safety Standards (Chapter 3) are incorporated into the Code and are applied nationwide. | Food safety and hygiene provisions are regulated under separate New Zealand food safety legislation. |
| Primary Production | Primary Production and Processing Standards (Chapter 4) are incorporated into the Code. | Primary production regulations are covered under specific New Zealand legislation. |
| Enforcement | Enforced by state, territory, and local government agencies. | Enforced by the Ministry for Primary Industries (MPI) and public health units. |
This division ensures that while fundamental standards are consistent, each country can apply specific measures for areas like food safety that best suit its domestic context.
The Process of Changing the Code
The Code is a living document that can be updated to reflect new scientific evidence, industry practices, or consumer expectations. Changes can be initiated through an application from an industry group or an individual, or through a proposal from FSANZ itself. The process involves several steps:
- Application/Proposal: A formal request to change or create a standard is submitted.
- Assessment: FSANZ conducts a comprehensive scientific and technical assessment of the proposed change.
- Public Consultation: The proposal is made public, and stakeholders (including industry, health groups, and the public) are invited to provide submissions.
- Ministerial Review: Following FSANZ's decision, the proposal is presented to the Australia and New Zealand Ministerial Forum on Food Regulation for consideration.
- Gazettal: If the Forum approves the change, it is formally gazetted and becomes law.
This transparent and consultative process ensures that standards are robust and publicly scrutinised.
Conclusion: A Regulatory Anchor for the Food Industry
In conclusion, the Australian New Zealand Food Standards Code is a critical piece of legislation that ensures a safe, transparent, and fair food supply system across both countries. Through the work of FSANZ and the cooperative efforts of governmental agencies, it provides the necessary regulations for food safety, labelling, and composition. The Code reduces trade barriers, empowers consumers with information, and provides a clear and consistent regulatory environment for the food industry. While implementation differs in some areas, the shared commitment to public health and safety remains the driving force behind this vital regulatory framework. Food businesses and consumers alike rely on the ongoing development and enforcement of these standards to maintain confidence in the food on their tables. You can explore the Code further on the Food Standards Australia New Zealand website [https://www.foodstandards.gov.au/food-standards-code].
