Most in the food industry do not understand how food laws are developed, maintained and monitored in this country, as they are mainly concerned with simply running their business. It is worth having some idea as we all have the opportunity to contribute to the laws in our country through the reviews that happen with each proposed change to the law.
At the top of the food law tree in Australia is the Food Standards Code. This document contains all the requirements for food and it’s manufacture, handling, packaging and labelling. It has four chapters / standards; General, Specific Foods, Food Safety and Primary Production. Chapters One and Two also apply in New Zealand.
Food Standards Australia New Zealand (FSANZ) is responsible for the development, maintenance and review of the Code through Acts of the Australian and New Zealand Parliaments. The Code itself only becomes law when each State or Territory recognises it.
The process of developing a new standard or inclusion in a standard or adjustment to something already in the Code is not a quick process and involves many people and steps, in FSANZ and throughout the community. Fundamentally a new standard process involves the following steps; proposal by a recognised party, review by FSANZ, initial consultation by all stakeholders, Draft standard preparation, review by Ministerial Council, adjustments and further preparation by FZANZ, final consultation by general public and stakeholders, final standards preparation, final approval by Ministerial Council. It is then made law in each state and territory.
The above is a simplified version of what is currently happening and there are other steps and groups involved in the process as well.
There are always at least two opportunities for anyone in the community to have a say about the changes or new standard. The problem is that many people do not even know that laws are being changed. Everyone can sign up to be on the FSANZ database for free information and updates, and all business owners should do this.
As it is understood that the process to make and change food law is complicated, there is a review of the Food Regulation System currently underway in a process called the ‘Stakeholder Engagement Strategy’.
As both the New Zealand and Australian Governments want to ensure that there is good opportunity for stakeholders, like industry and consumer groups, to be involved in the food law process, the System Review is also open to all for comment.
Those that wish to have a say about how our food law is done and maintained should contact the Stakeholder Engagement Project officer by 26 July, 2012 – http://www.health.gov.au/internet/main/publishing.nsf/Content/foodsecretariat-1