Dar seafood ppp standard

Attachment 2

The Policy and Regulatory Framework for the Development of Food Standards

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.
1.2 Food Standards Australia New Zealand Act 1991
Under the FSANZ Act, the objectives for developing all food standards in descending order of priority are:

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  the protection of public health and safety;
  
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  the provision of adequate information relating to food to enable consumers to make informed choices; and
  
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  the prevention of misleading or deceptive conduct.
  

In developing and varying standards, FSANZ must also have regard to the:

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  need for standards to be based on risk analysis using the best available scientific evidence;
  
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  promotion of consistency between domestic and international food standards;
  
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  desirability of an efficient and internationally competitive food industry; and
  
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  promotion of fair-trading in food.
  

Food standards developed under the Act form part of the Australia New Zealand Food Standards Code, which the States and Territories in Australia adopt or incorporate within their food legislation without amendment. As part of the regulatory reforms, States and Territories have agreed to adopt new model food legislation as part of improving the consistency of food legislation across the country.

Food standards developed by FSANZ are also guided by overarching policy guidelines developed by the Ministerial Council and by the legislation under the FSANZ Act. In the case of Primary Production and Processing Standards, the overarching Ministerial guidelines specify higher order policy principles, which state they will:

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  be a set of outcomes-based national standards for the relevant primary production and processing sectors/commodities;
  
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  have a consistent regulatory approach across the Standards;
  
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  be consistent with the s10 objectives of the FSANZ Act, recognising that the protection of public health and safety has priority;
  
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  be consistent with the approach outlined in Chapter 3 of the Code
  
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  be consistent with internationally recognised Codex standards, save where, after consideration of a risk assessment, it is clear that the relevant standard does not sufficiently protect public health and safety in Australia;
  
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  address food safety across the entire food chain where appropriate;
  
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  facilitate trade;
  
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  be not more trade restrictive and comply with Australia’s obligations under World Trade Organization agreements;
  
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  ensure that the regulatory framework promotes consumer confidence;
  
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  ensure the cost of the overall system should be commensurate with the assessed level of risks and benefits;
  
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  provide a regulatory framework that applies only to the extent justified by market failure; and
  
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  provide for collaborative action among enforcement agencies to optimise the use of resources and effectiveness.
  

2. Development of a Primary Production and Processing Standard for Seafood (Proposal P265)
Proposal 265 (P265) ‘Development of a Primary Production and Processing Standard for Seafood’ was raised by FSANZ in December 2002 under its mandate to develop domestic standards for the primary production and processing of food.
The seafood sector includes a number of products and activities that, unless well managed, may potentially have serious impacts on public health and safety. Recently, some State governments have developed seafood safety schemes to ensure that a ‘boat to plate’ (i.e. paddock to plate) approach to seafood safety was implemented across the seafood supply chain. However, other jurisdictions are not yet at that point, leaving the primary production end of the domestic seafood chain without mandated seafood safety schemes.
The seafood sector was also increasingly aware that food safety issues are vital to the continued growth of the industry, and was at an advanced stage of developing a national voluntary seafood safety standard. The industry has also produced a number of guidance documents on food safety across a range of sectors. It was therefore considered an opportune time to move these developments forward to a nationally mandated system.
As required by the Ministerial guidelines, a Standards Development Committee (SDC) was appointed in September 2002 by the FSANZ Board to provide advice to FSANZ on matters relevant to the standard development process. The SDC contributes a broad spectrum of knowledge and expertise covering industry, government, research and consumers.
In December 2002, the Board prepared a Proposal pursuant to section 12AA of the Food Standards Australia New Zealand Act 1991 for the development of a Primary Production and Processing Standard for seafood.

The Board approved the Initial Assessment Report (Issues Paper) for release, agreed to seek public submissions, and directed the SDC to consider any available standards, including those developed by Seafood Services Australia Ltd, and the New South Wales and New Zealand Governments during its discussions and provision of advice on development of the mandatory national standard for seafood.

Since that time FSANZ, with advice from the SDC, has:

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  considered the written submissions received in response to the public consultation on the Initial Assessment report and the Draft Assessment Report;
  
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  undertaken an evaluation of public health risks and identified sectors of the seafood industry that pose a potential high risk to safety;
  
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  considered current strategies to manage those risks and determined, what if any, residual risks need to be managed;
  
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  considered options for the management of these residual risks that aim to ensure the safety of seafood;
  
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  conducted an impact analysis of the options to identify the option that meets the minimum effective regulation requirements , but effectively addresses any public health and safety risks associated with seafood;
  
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  recommended a preferred option;
  
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  considered the implementation of the preferred option; and
  
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  drafted a proposed standard consistent with the preferred option.
  

This Report forms the third stage in the process of developing a Primary Production and Processing Standard for seafood. It takes into account the matters raised above and other deliberations of the Seafood SDC.