Dar seafood ppp standard

2.2 Development of a primary production and processing standard for seafood

Proposal P265 – 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.

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 Governments are not yet at that point, leaving the primary production end of the domestic seafood chain largely unregulated.
The seafood sector is also increasingly aware that food safety issues are vital to the continued growth of the industry, and has developed 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 is therefore considered an opportune time to move these developments forward nationally to further improve food safety outcomes.
As required by the Ministerial policy guidelines, a Standards Development Committee (SDC) was appointed in September 2002 by the FSANZ Board to assist in the development of the Standard. The SDC contributes a broad spectrum of knowledge and expertise covering industry, government, research and consumers.
Since December 2002, FSANZ, with the assistance of 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 and;
  
  
  
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  conducted face-to-face consultations with stakeholders (see Attachments 4, 5 and 6);
  
  
  
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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 that would effectively address public health and safety risks associated with seafood production;
  
  
  
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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. Industry, government, agencies, consumers and other interested parties are invited to comment on these or any other matters relating to the development of a primary production and processing Standard for seafood.

2.3 Labelling of fish names

Ministers with responsibility for food regulation in Australia and New Zealand have stated that primary production standards should be developed to focus primarily on food safety matters and be complementary to, and not inconsistent with, the other chapters of the Code. These other sections of the Code contain generic and specific standards for all foods as well as standards for hygienic production of food. A primary reason for this separation of issues is that primary production standards will apply in Australia only and under the Treaty between Australia and New Zealand, the composition and labelling provisions of the Code apply in both Australia and New Zealand.

Labelling requirements for foods are determined following analysis against the objectives for standards set out in the FSANZ Act, COAG policy requirements for minimum effective regulation that is not anti-competitive and relevant Ministerial policy guidelines⁷.

During the development of the primary production Standard for seafood, some sectors of the fishing industry have advocated the need for mandatory labelling of fish names to prevent or limit consumer deception, a view that has also been supported by a major supermarket. Furthermore, the Australian Seafood industry Council (ASIC), the peak industry body for seafood, has incorporated the Australian Fish Names List in the industry voluntary Standard. Part 1.2 – Labelling and other Information Requirements, could be amended if a need were demonstrated, following a comprehensive analysis of the consumer risks, the regulatory options, and the likely costs and benefits to consumers, industry⁸ and governments and public comment on the analysis. This analysis is required in the development of any standard in the Code to ensure that it receives Ministerial agreement and enforcement support by the States and Territories.

Discussions have also included reference to the existing protection consumers have against false and misleading claims in the various trade practices laws in Australia and New Zealand and the general principle of not duplicating legislation if this can be avoided.
In the meantime, following extensive discussions with industry (through the Seafood SDC), Standards Australia, the Australian Competition and Consumer Commission, the Australian Government Department of the Treasury (the agencies responsible for developing and administering Australia’s consumer protection and business development laws) and with the Office of Regulation and Review, the following steps have been initiated by FSANZ and industry:

1. 
   FSANZ and the seafood industry has entered into discussions with Standards Australia to develop an Australian Standard for fish names, based on the existing list of fish names developed by the fishing industry.
   

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   Preliminary discussions with the ACCC indicate that such a standard could be used as a reference document to assist in enforcement by the ACCC under the fair trading laws.
   

3. 
   Once there is a formally recognised Australian Standard for fish names, consideration could be given to an Application to amend the Code to refer to the resulting Australian Standard on fish names. The nature of the reference (mandatory or voluntary; in all circumstances or only where there is a demonstrated health risk) would be determined at that time following FSANZ’s normal assessment procedures.