Attachment 2
1. Policy and regulatory framework for food standards
A broad framework exists in Australia to guide the development of all food regulation. A review of regulatory arrangements in 1998 resulted in new arrangements for food regulation in Australia and New Zealand, agreed to by the Council of Australian Governments (COAG) in 200048. These arrangements included the formation of the Ministerial Council that provides policy guidance to FSANZ to assist in the development of food standards.
The new structure also included the formation of a single agency, FSANZ, a bi-national authority that sets joint food standards for composition and labelling of food for Australia and New Zealand. It sets food safety standards in Australia, and from July 2002, also develops food standards for the primary production sector in Australia. FSANZ must adhere to specific legislative requirements and guidelines when developing food standards.
1.1 Council of Australian Governments
In Australia, there has been a major reorientation of the general regulatory framework and the processes for making regulations as well as to the framework for developing food regulation in Australia and New Zealand, and these have been endorsed by the Council of Australian Governments (COAG, 1997 and 200049). The broader regulatory framework requires that regulation in Australia is pro-competitive, outcomes focussed, that the costs and benefits of any regulation are appropriately examined with the view to choosing the most effective alternative and that such regulation is regularly reviewed.
In 1997, the Prime Minister announced, in his statement More Time for Business, a review of food regulations in Australia50. The review aimed to examine the regulatory burden on business and to improve the clarity, certainty and efficiency of food regulatory arrangements, whist protecting public health and safety. Following a review of the recommendations, the Commonwealth, State and Territory Governments, through COAG, agreed on a national response to the Food Regulation Review. Included in the significant recommendations flowing from the review was the agreement to a national paddock to plate approach to food regulation to protect public health and safety. This included the formation of a single national agency, Food Standards Australia New Zealand (FSANZ), to set food standards and the formation of a new Ministerial Council, called the Australia New Zealand Food Regulation Ministerial Council, to consider all food safety matters from paddock to plate.
In 2000, a Food Regulation Agreement was signed by COAG, to put in place the new food regulatory arrangements. The Agreement aimed to:
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provide safe food controls for the purpose of protecting public health and safety;
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reduce the regulatory burden on the food sector;
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facilitate the harmonisation of Australia’s domestic and export food standards and their harmonisation with international standards;
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provide cost effective compliance and enforcement arrangements for industry, governments and consumers;
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provide a consistent regulatory approach across Australia through nationally agreed policy, standards, compliance and enforcement procedures;
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recognise the responsibility for food safety encompasses all levels of government and a variety of portfolios; and
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support joint Australia and New Zealand efforts to harmonise food standards.
The outcome of these arrangements has meant that for the first time in Australia, a single agency (FSANZ) develops all domestic food standards, including those for primary production and processing sectors.
The primary focus for these is on the protection of public health and safety. Under the Treaty arrangement with New Zealand, the promulgation of joint food standards for food hygiene measures is excluded. Therefore, primary production and processing standards under the Code will apply in Australia only.
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