FOOD STANDARDS Australia New Zealand

Annual Report 2003 – 2004

© Food Standards Australia New Zealand 2004 ISSN 1329-3850

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from Food Standards Australia New Zealand (FSANZ). Requests and inquiries concerning reproduction and rights should be addressed to the Information Officer, FSANZ, PO Box 7168, Canberra BC, ACT 2610.

An electronic version of this work is available on the Food Standards Australia New Zealand (FSANZ) website at http://www.foodstandards.gov.au. This electronic version may be downloaded, displayed, printed and reproduced in unaltered form only for your personal, non-commercial use or use within your organisation.

FSANZ Australia FSANZ New Zealand PO Box 7186 PO Box 10559 Canberra BC The Terrace ACT 2610 Wellington 6036 Australia New Zealand Tel: 61 2 6271 2241 Tel: 64 4 473 9942 Fax: 61 2 6271 2278 Fax: 64 4 473 9855 [email protected] [email protected]

ANNUAL REPORT 2003-2004 LETTER 3

Hon.Trish Worth, MP Parliamentary Secretary to the Minister for Health and Ageing Parliament House Canberra ACT 2600

Annual Report of Food Standards Australia New Zealand for the year ended 30 June 2004

I am pleased to present to you the Annual Report of Food Standards Australia New Zealand.

This report fulfils the reporting requirements of The Commonwealth Authorities and Companies Act 1997, including the Commonwealth Authorities and Companies orders for report of operations.

The report also fulfils the reporting requirements of Section 69 of the Food Standards Australia New Zealand Act 1991.

The Annual Report is made in accordance with a resolution of FSANZ Board Members (Directors). They are responsible for the preparation and content of the report of operations in accordance with the Finance Minister’s Orders.

Yours sincerely

HON ROB KNOWLES CHAIRMAN FOOD STANDARDS AUSTRALIA NEW ZEALAND BOARD

7 October 2004

ANNUAL REPORT 2003-2004 CONTENTS 5

Contents

PREFACE 7 FOREWORD 9 CORPORATE OVERVIEW 12

OUR REGULATORY MEASURES 17 Overview 19 Assessing applications and proposals 22 Managing food emergencies and public health issues arising from food 32 Monitoring and evaluating hazards in food to support the development of food regulatory measures 38 Strengthening the evidence-base for food standards decision making 40 Evaluation of food regulatory measures 48 Fostering international networks 49

OUR STAKEHOLDERS 60 Overview 61 Stakeholder engagement and networks 62 Stakeholder participation 72 Communication 77

OUR PEOPLE 80 Overview 81 Attraction, development and retention of a skilled workforce 81 Development of skills and systems to complement organisational capacity 86 Encouraging a rewarding work environment 87

OUR ACCOUNTABILITY 90 Overview 91 Ensuring public understanding of our roles and priorities 92 Strengthening corporate governance arrangements 95

6 CONTENTS FOOD STANDARDS AUSTRALIA NEW ZEALAND

Understanding our responsibilities in delivering statutory obligations 103

APPENDICIES Appendix 1: Finalised Projects from 1 July 2003 to 30 June 2004 105 Appendix 2: Applications and Proposals Processed 108 Appendix 3: Description of Applications and Proposals Processed 113 Appendix 4: FSANZ Processes for Assessing Applications 128 Appendix 5: Outcomes and Outputs Structure 131 Appendix 6: Financial Statements 133 Appendix 7: Functions and Powers 168 Appendix 8: Current Publications 171 Appendix 9: Categories of Documents Held 186 Appendix 10: List of Consultants Used During 2003-2004 189 Appendix 11: FSANZ Representation 191 Appendix 12: Published Works 202 Appendix 13: FSANZ Board Members’ Qualifications, Experience and Attendance 205

ACRONYMS AND ABBREVIATIONS 209

ANNUAL REPORT 2003-2004 PREFACE 7

Guide to the Report

This report follows, as far as possible, the requirements laid down in the Commonwealth Authorities and Companies Orders for Report of Operations, August 1998 under Clause 1 of Schedule 1 of the CAC Act.

The Chief Executive Officer’s Review provides his perspective on the past year.

The Corporate Overview provides a snapshot of who we are, what is our role and functions, how we are organised and the processes involved in our decision-making. It also refers to our key outcomes and provides a summary of our financial performance.

The main text of the report is based on the four key result areas of our Corporate Plan. It details outputs and activities under the key result areas of Our Regulatory Measures, Our Stakeholders, Our People, and Our Accountability.

Appendices to the report contain detailed information on standards applications and proposals processed, in line with the reporting requirements of the Food Standards Australia New Zealand Act 1991 (Appendix 1, 2 and 3); the process for assessing Applications and Proposals (Appendix 4); our outcomes and outputs structure (Appendix 5); our audited financial statements (Appendix 6); FSANZ’s functions and powers (Appendix 7); current publications (Appendix 8); categories of documents held by the Authority (Appendix 9); a list of the consultants used this year (Appendix 10); FSANZ representation, including a list of contributions to international forums, speaking engagements and articles by FSANZ staff members (Appendix 11); list of published works (Appendix 12); and a record of FSANZ Board members’ qualifications, experience and attendance at Board meetings and Audit Committee meetings (Appendix 13).

Additional information

Additional information can be obtained by contacting Lydia Buchtmann, Communication Manager by telephone on 61 2 6271 2620 or by fax on 61 26 271 2278.

Information on this Annual Report can be obtained from the Writer, John Hare on 61 2 6271 2683 or the Editors, Vicki Pow on 61 2 6271 2621 or Dr Michael Dack on 61 2 6271 2239

All publications can be viewed on the FSANZ website at www.foodstandards.gov.au

ANNUAL REPORT 2003-2004 FOREWORD 9

Chief Executive Officer’s Review

The year 2003-2004 brought major changes to our organisation. We redefined our strategic direction through a revised Corporate Plan, took steps to enhance our communication and consultation with stakeholders, worked on enhancing collaborative arrangements at a national and international level and reviewed and refined our operational procedures to position ourselves better in the new environment.

Our agency was restructured around four branches – with a Food Standards Branch in both Canberra and Wellington largely responsible for risk management in relation to standards in Chapters 1 and 2 of the Food Standards Code. The Wellington Office has an expanded role with responsibility for labelling standards. Our science function has been strengthened with the establishment of a Scientific Risk Assessment and Evaluation Branch with responsibility for scientific risk assessment. The new arrangements provide an enhanced role for the Chief Scientist and increased line management responsibility for science functions within the organisation. The Food Safety and Services Branch manage our increased responsibilities for the development of primary production standards and the food safety standards.

We recognise that the food regulation reforms have had a significant impact on our core business, on our consultative arrangements, our decision-making powers and our relationships with a more extensive group of stakeholders. Staff have worked hard towards improving our stakeholder consultation and communication arrangements. We have revised our arrangements for the delivery of training and consultancy services in the Asia- Pacific region and changed our operational arrangements to manage the risk assessment, risk management and risk communication interface more effectively.

Our science and technical expertise is our core strength and we will continue to build on our expertise and experience in this area and improve our evidence base by collaborating with industry, consumers and jurisdictions. We continue to build on our linkages with the scientific community and place a priority on our work in forging stronger links with international experts and other regulatory agencies. We propose to continue our efforts in these areas.

During the year we continued to respond to the need to ensure we have a fully effective office in Wellington. The office moved to larger premises and some staff members relocated from Canberra to Wellington. We intend to further increase the staff complement in Wellington in the next three years. Appointments will take into account the need to have a broader skill base in the Wellington office to facilitate wider stakeholder interaction and to undertake lead project management responsibilities.

10 FOREWORD FOOD STANDARDS AUSTRALIA NEW ZEALAND

We continue to work on strengthening our relationships with stakeholders and to build on our communication efforts. Effective involvement of stakeholders is a critical part of the work FSANZ undertakes in developing standards for Australia and New Zealand. We are committed to stakeholder participation in our consultations. We are working to identify ways, including a process of public tendering for consumer input, to broaden the level of consumer participation in our standard setting process.

During the year we worked closely with our partners in the Australian and New Zealand governments and the Australian States and Territories. Food policy is now developed for Ministerial approval through the Food Regulation Standing Committee (FRSC). We provide technical advice and input into policy development. The Australia and New Zealand Food Regulation Ministerial Council developed policy guidelines during the year that allowed us to commence the food standards development process in a number of significant areas. We recognise the importance of the various committees in the food regulatory system and participated to the fullest extent possible in this process. Of particular significance were the revised working arrangements for the Implementation Sub Committee (ISC) and the Technical Advisory Committee (TAG).

We are an active participant in the ISC and FSANZ chairs a key ISC working group tasked with developing a comprehensive framework for consistent national implementation and enforcement of food regulation in Australia. This umbrella agreement will provide the foundation for the development of specific detailed operational protocols and arrangements. Two of the first of these protocols are a National Surveillance and Monitoring Policy and Protocol, and a National Food Safety Incident Management Protocol.

Our maintenance of strong international networks and engagement in international food regulatory activities ensures that FSANZ’s food standards reflect world best practice. A key priority of our international collaboration throughout the year was our continued support for Australia’s involvement in the work of the Codex Alimentarius Commission, the World Health Organization and other international agencies. The leadership we have provided in the Asia- Pacific region through training initiatives in food regulatory matters has been significant. Our training initiatives had successful outcomes with the People’s Republic of China that we believe will prove significant in the long term.

We carried out an extensive review of the way we provide technical assistance on food regulatory matters to our neighbours in the Asia-Pacific region. It is pleasing that our international reputation as a leader in food safety matters continues to attract an increasing number of regional participants to our training programs.

While 2003-2004 highlighted our own reforms it was, nevertheless, a year of other significant achievements. Major progress was made on the development of a Primary

ANNUAL REPORT 2003-2004 FOREWORD 11

Production and Processing Standard for Seafood and the poultry standard. The Ministerial Council guidelines on Nutrition, Health and Related Claims and Country of Origin Labelling enabled us to commence the development of appropriate standards. These are significant bodies of work.

The Memorandums of Understanding we have developed with national and international agencies such as the Australian Competition and Consumer Commission, the Chinese Ministry of Science and Technology and with Health Canada were significant achievements during the year and further evidence of the effort we have put into relationship building.

The development of appropriate food standards is our core business. Increased consumer awareness of food-related issues, the globalisation of the food industry and internationalisation of the food system, and rapid changes in food science and technology, place immense pressure on the food regulator. As our report shows we have an extraordinarily talented, qualified and dedicated workforce who, I am confident, will continue to rise to the challenge. We need to ensure that we have the systems, processes and resources in place to provide the appropriate level of support.

The significant changes involved during the year would not have been possible without the support and assistance of staff. While staff have responded well to the changes we introduced during the year, the review process put stresses on internal arrangements and highlighted a number of issues that could be better handled. Mindful of this, I initiated our ‘Capabilities Initiative’ designed to address staff issues, foster the ‘team FSANZ’ environment and develop strategies for the long-term sustainability of our skills and expertise. A range of strategies and interventions has been recommended to improve organisational effectiveness, team building and commitment to our objectives.

I wish to thank our Chairman, the Hon. Rob Knowles, and our Board members for their commitment and support during a challenging but immensely productive year. We are but one part of a binational regulatory system and our achievements would not be possible without the cooperation and collaboration of our partners and stakeholders on both sides of the Tasman. Finally, I would like to thank FSANZ staff for their efforts and commitment in what has been a challenging year.

GRAHAM PEACHEY Chief Executive Officer

12 CORPORATE OVERVIEW FOOD STANDARDS AUSTRALIA NEW ZEALAND

Corporate Overview

Who we are

Food Standards Australia New Zealand (FSANZ) is an independent statutory agency established by the Food Standards Australia New Zealand Act 1991. This was enacted following agreement between the governments of Australia and the States and Territories (through the Intergovernmental Food Regulation Agreement 2000) and the governments of Australia and New Zealand (under a Treaty), for a single binational food standards setting agency.

Role and functions

Our role is to protect and inform consumers through the development of effective food standards and in a way that helps stimulate and support growth and innovation in the food industry. We do this for Australia and New Zealand.

We are responsible for developing, varying and reviewing standards and for developing codes of conduct with industry for food sold in Australia and New Zealand covering labelling, composition and contaminants. In Australia, FSANZ also develops food standards for food safety, maximum residue limits, primary production and processing and a range of other functions, including the coordination of national food surveillance and recall systems, conducting research and assessing policies about imported food.

Our main function is to develop, vary or review food regulatory measures, whether as a result of an Application from an outside body or through a Proposal of our own. We do this by:

• assessing Applications and Proposals to amend or vary the Australia New Zealand Food Standards Code; • monitoring and evaluating hazards in food to support the development of food regulatory measures; • fostering national and international networks; and • strengthening the evidence base for food standards decision-making.

Appendix 7 details FSANZ’s functions and powers.

Assessment of Applications and Proposals to amend or vary the Code

The Australia New Zealand Food Standards Code came fully into effect in Australia and New Zealand in December 2002 when the former Australian Food Standards Code and the

ANNUAL REPORT 2003-2004 CORPORATE OVERVIEW 13

New Zealand Food Regulations were repealed. This is the first full year of operations under the new Code.

During the year we received 34 Applications and prepared 11 Proposals, and finalised 20 Applications and 11 Proposals. Each Application and Proposal goes through a complex process of assessments and public consultation.

The Standards Setting Process

Application received / Issue identified

Scoping Stage

Application / Proposal put on Work Plan

Initial Assessment Stage

FSANZ Board / Delegate accepts / rejects

Draft Assessment Stage Comment Period 1

FSANZ Board agrees / rejects

Final Assessment Stage Comment Period 2

FSANZ Board agrees / rejects

Ministerial Council

Requests / does not request FSANZ to review

Amendment to the Code Gazetted

An Initial Assessment Report is developed and public submissions are invited through notices in newspapers, Food Standards News, circulars to stakeholders and on our

14 CORPORATE OVERVIEW FOOD STANDARDS AUSTRALIA NEW ZEALAND

website. FSANZ then makes a Draft Assessment after considering any submissions and undertaking a comprehensive scientific risk assessment, together with a regulatory impact analysis. The Draft Assessment Report includes a draft proposed standard when the Board concludes that a new standard or an amendment to a standard is warranted. The Board then considers the Draft Assessment Report and, if endorsed, the Report is released as a public document, posted on the website and stakeholders are advised of its availability. After a Standards amendment is drafted, a second round of public consultation usually follows. After considering any further public submissions a Final Assessment Report is produced and published. Standards, once approved by the FSANZ Board, are notified to the Ministerial Council. If the Council adopts the amendment to the Code, standards are gazetted and become law at the date specified in the public notice.

Appendix 4 details FSANZ’s processes for assessing Applications.

Organisation structure

We are part of the Australian Government’s Health and Ageing portfolio.

In response to the findings of an external Strategic Review carried out in 2003, FSANZ was restructured into four core Branches to give effect, as practically as possible, to the functional separation of risk assessment of public health and safety hazards from the risk management and risk communication functions, to strengthen FSANZ’s science function, and to expand the role of the Wellington office.

These Branches are:

• Food Standards (Canberra) • Food Standards (Wellington) • Scientific Risk Assessment & Evaluation • Food Safety & Services

Details of our organisational structure are provided in the section of the Report under Our Accountability.

ANNUAL REPORT 2003-2004 CORPORATE OVERVIEW 15

FSANZ Organisational Structure as at 2 April 2004

Chief Executive Officer Graham Peachey

Food Standards (Canberra) Scientific Risk Assessment Food Standards Food Safety & Services General Manager & Evalulation (Wellington) General Manager Melanie Fisher Chief Scientist General Manager Claire Pontin Marion Healy Dean Stockwell

Product Safety Strategic Science Unit Labelling & Information Food Safety & Primary Standards Bob Boyd Standards Production Paul Brent vacant (Canberra) Luba Tomaska

Office of Legal Modelling, Evaluation & Stakeholder Liason Post Market Counsel Surveillance vacant Operations John Fladun Steve Crossley Scott Crerar

Communication Risk Assessment - Corporate Lydia Buchtmann Microbiology Kent Brown Deon Mahoney

Economic, Social Risk Assessment - Finance & Secretariat Analysis & International Public Health Nutrition Julie Warren Laura Harrison Janine Lewis

Public Health Nutrition Risk Assessment - Standards Chemical Safety Jenny Hazelton Peter Abbott

Report against the Corporate Plan

This annual report focuses on the performance of Food Standards Australia New Zealand against its Corporate Plan. The Corporate Plan describes our four key result areas – Our Regulatory Measures, Our Stakeholders, Our People, Our Accountability – and the management strategies that set out how the organisation will achieve its objectives and performance targets. The Corporate Plan provides the broad direction and priorities and establishes a framework for more detailed business plans and performance agreements for all staff.

16 CORPORATE OVERVIEW FOOD STANDARDS AUSTRALIA NEW ZEALAND

Our vision is:

to protect the health and safety of people in Australia and New Zealand through the development of effective food standards.

We do this collaboratively with all Australian and New Zealand governments and with our industry, consumer and public health stakeholders.

Within the context of that vision, our mission is:

to work as productive partners in the Australian and New Zealand food regulatory system.

Ministerial responsibility

The Parliamentary Secretary to the Minister for Health and Ageing, The Hon. Trish Worth MP, has executive responsibility for FSANZ and food regulation.

Outcomes and outputs structure

The services provided by Food Standards Australia New Zealand contribute to one of the Health and Ageing Portfolio’s nine outcomes - the Population Health and Safety outcome:

promotion and protection of the health of all Australians and minimising the incidence of preventable mortality, illness, injury and disability.

FSANZ seeks to advance this outcome through the maintenance of a safe food supply.

In terms of the 2003-2004 Portfolio Budget Statement (PBS) we identified three major indicators of performance:

ANNUAL REPORT 2003-2004 CORPORATE OVERVIEW 17

Indicator Target Food regulatory measures based on Improved quality of food regulatory measures. rigorous scientific risk assessments, regulatory impact analysis and comprehensive stakeholder input.

Indicator Target Level of knowledge and understanding a. Improvement in knowledge, attitude of Food Standards Code and Food and behaviour concerning safe food Safety Standards by industry and handling practices that will promote health consumers. and prevent illness over time

b. Improvement in knowledge and understanding of food labels that will enable consumers to make informed health choices in relation to food.

Indicator Target Timely and completed implementation All food recalls initiated within 24 hours of of food recalls. formal notification and 100% of recall reports obtained from industry.

Appendix 5 provides details of our Outcomes and Output Structure.

Summary of financial performance

FSANZ is an Australian Government statutory agency and therefore operates primarily through an Australian government appropriation. In 2003-2004 we received $13.442 million from the Australian Government. Because we also operate under an Agreement with New Zealand, the New Zealand Government also contributes towards the costs of those activities we undertake for Australia and New Zealand. In 2003-2004 this amounted to $1.326 million.

We also receive limited revenues for fee for service activities and royalties on publications. In accordance with the Commonwealth Authorities and Companies Act 1997 the FSANZ Board is responsible for FSANZ’s financial management. In order to do this effectively, FSANZ operates in accordance with a forward financial plan. During the year, FSANZ commenced a review of this plan to ensure appropriate financial outcomes in this and future years. This has been necessary due to the demand driven nature of FSANZ’s work and its limited resources together with its obligations to ensure it has sufficient reserves to meet its liabilities.

18 REGULATION FOOD STANDARDS AUSTRALIA NEW ZEALAND

Our Regulatory Measures

New Zealand Stakeholder Forum on the first stage of the development of the Health Claims standard.

Our goals are to continue to work with our government partners to develop food standards through the binational food regulatory arrangements, to anticipate and work proactively to address new food regulatory challenges, and to use good regulatory practice in the delivery of food regulatory outcomes.

We will measure our performance by monitoring the number of standards Applications and Proposals that are finalised within statutory timeframes and that are consistent with Ministerial policy guidelines as well as the number of regulatory impact statements satisfying the Office of Regulation Review’s requirements. We will also measure our performance by monitoring our management of food emergencies and public health issues arising from food.

ANNUAL REPORT 2003-2004 REGULATION 19

Overview

During the year, FSANZ’s risk management capabilities were consolidated with the establishment of four Branches with responsibility for managing our food standards outcomes.

These areas bring together staff with expertise in regulatory policy development, stakeholder consultations and negotiations, regulatory impact analysis and communication. These areas work with FSANZ’s scientific risk assessment staff and all stakeholders to ensure that FSANZ’s regulatory measures (its food standards) are appropriately effective to impose the least costs on the food industry, governments and consumers

Our work is largely demand driven. Our work priorities emanate from three key sources:

• Applications from outside bodies to vary standards in the Code; • Ministerial guidelines and requests to develop or vary standards; and • Proposals raised in response to emerging food issues.

During the year we have dealt with a number of high-profile issues and activities. Some are ongoing, including:

• Applications and Proposals dealing with seafood, poultry, meat and food safety programs, and country of origin labelling; • Significant food related issues including BSE; dioxins; nitrofurans in honey and prawns; mercury in fish; semicarbazides in food; and the legal standing of maximum residue limits (MRLs); • Responses to requests for work such as vitamin and mineral fortification; nutrition, health and related claims; novel foods and labelling of infant foods; and • Significant, non-standards work, including reviews of GM labelling; allergen labelling of food; nutrition information panels; and a review of listeria information.

There is evidence to suggest that the increasing demands and complexities of a rapidly changing food environment are placing further pressures on our workload and our capacity to fully meet stakeholder expectations. While we have always managed new tasks or significant Applications in the past, trends suggest that it is taking longer to process the work before us.

A clear indicator of increased workloads is the growth in Applications received and Proposals commenced since July 2002 in all Work Plan Groups, as shown in the following table:

20 REGULATION FOOD STANDARDS AUSTRALIA NEW ZEALAND

Table 1: Snapshot of Applications, Proposals1 and Potential Proposals in the 3 year Work Plan

July 01 July 02 Sept 02 April 03 June 03 Oct 03 June 04 Group 1 6 13 10 12 20 21 23 Group 2 41 22 20 21 27 31 43 Group 3 4 7 9 14 11 13 16 Total 51 42 39 47 58 65 82 Max 6-9 6-9 10 8 12 12 18 waiting months months months months months months months time - Group 2

1 Group 1 is for Applications/Proposals raising health and saftey issues being progressed as a priority or Applications/matters identified by jurisdictions as warranting priority e.g. fortification, primary production, health claims.

Group 2 is for Proposals and unpaid applications placed on a 3 year rolling plan scheduled for commencement in order of receipt.

Group 3 is for paid Applications. The Act requires work to commence on these on receipt of the application and fee.

As at 30 June 2004 our Work Plan comprises 84 Applications and Proposals (including 2 projects under review):

• 23 Applications / Proposals in Work Group 1 • 43 Applications / Proposals listed in Work Group 2 • 16 Applications in Work Group 3 • 2 projects under review.

These figures reveal a number of trends concerning the receipt and completion of Applications and Proposals:

• the number of Applications received during each financial year has varied but appears to have settled around 35 (Table 2); • the number of Applications carried over into the next financial year has increased significantly from 32 in year 2002-2003 to 48 in the 2003-2004 year, with only a marginal increase in the numbers finalised; • whilst the total number of Proposals rose only slightly in the financial year 2003- 2004, the complexity of work (for example, health claims, country of origin labelling, fortification, review of novel foods, dietary supplements, and the primary production and processing proposals) has increased substantially; • delays in commencing Group 2 Applications have increased from 6 to 9 months in July 2002 to 18 months at present; and

ANNUAL REPORT 2003-2004 REGULATION 21

• the number of Applications and Proposals in Group 1 has trebled since 2000-2001 (from 6 in July 2001 to 23 in August 2004).

Our capacity to manage cost recovered Applications also impacts on our ability to manage our workloads as it is difficult to forecast the number and complexity of cost recovered Applications we are likely to receive.

Table 2: All Applications Received and Proposals Prepared

2000-01 2001-02 2002-03 2003-04 Applications 23 27 36 34 Proposals 22 19 10 13 Total 45 46 46 47

Table 3 shows the number of Applications and Proposals that have been processed.

Table 3: Applications and Proposals Finalised

2000-01 2001-02 2002-03 2003-04 Applications/Proposals 102 61 31 30 finalised by the FSANZ Board. Applications/Proposals 10 11 8 6 withdrawn, abandoned or rejected. Total Applications/ 48 67 39 36 Proposals processed.

Applications and Proposals gazetted from 1 July 2003 – 30 June 2004

Based on Applications received, 20 variations or amendments to standards in the Code were gazetted. On the basis of Proposals raised by ourselves a further ten variations or amendments to standards in the Code were gazetted. Five changes to the Code (3 Applications and 2 Proposals) were notified to the Ministerial Council. Six Applications were withdrawn.

Detailed information on Applications and Proposals finalised and processed in 2003 – 2004, are contained in Appendices 1, 2 and 3.

22 REGULATION FOOD STANDARDS AUSTRALIA NEW ZEALAND

Assessing Applications and Proposals to amend or vary the Food Standards Code

With the establishment of Food Standards Australia New Zealand on 1 July 2002, responsibility for policy development moved to the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council). FSANZ gained responsibility for creating and maintaining Primary Production and Processing Standards, which means we have a responsibility for establishing food standards from producer to retailer in Australia.

FSANZ staff contribute to the policy setting process with the Ministerial Council by providing our technical expertise and experience. Policy guidelines must be taken into account when we develop standards.

Policy guidelines and work requested by Ministers

Ministerial Policy Guidelines

The Australian Government, States and Territories and the New Zealand Government are represented on the Council by their Health ministers and by ministers from other relevant portfolios such as agriculture and consumer affairs, to ensure a whole-of-chain approach to food safety regulation. Policy guidelines resulting from decisions made by the Ministerial Council were subsequently referred to FSANZ to commence the food standards development process.

Nutrition, Health and Related Claims (notified to FSANZ on 18 December 2003)

Nutrition, health and related claims are those that describe or indicate a relationship between the consumption of food and enhanced function, reduction of disease risk or maintenance of normal health. FSANZ has been considering the regulation of these claims for some time.

Currently, there is a prohibition on health claims except where they have been approved in Standard 1.1A.2 (i.e. the folate health claim). In Australia, the majority of nutrient content claims are managed through the Code of Practice on Nutrient Claims in Food Labels and in Advertising (CoPoNC), although this does not apply to imported products. In New Zealand, there is a reliance on fair trading legislation to manage the majority of nutrient content claims, since the repeal of the New Zealand Food Regulations.

In December 2003 the Ministerial Council endorsed a nutrition, health and related claims policy guideline. The policy aims to ensure that the health and safety of the public is protected, while still facilitating innovation by the food industry and trade. It does this by incorporating a number of elements designed to ensure that claims made on foods or in advertising are true, scientifically substantiated and not misleading.

ANNUAL REPORT 2003-2004 REGULATION 23

Ministers recognised that foods can have a positive impact on the public’s health and industry innovation in this area should be encouraged. Ministers also emphasised that the protection of public health and safety is a critical issue, with a need to protect consumers from false and misleading claims, or claims that have the potential to distort diets.

The policy guideline refers to two levels of claims – general and high level. A high level claim is one which refers to a serious disease or biomarker (e.g. cholesterol). A general level claim includes either a nutrition content claim (e.g. low fat, high fibre) or one which refers to a non-serious disease or condition.

FSANZ has now commenced work on the development of a standard for nutrition, health and related claims in accordance with the FSANZ objectives and taking account of the Ministerial policy guidance.

In May 2004, visits were made to Health Canada, the US Food and Drug Administration and a United States food industry group to gain information on health claim regulation in North America.

Use of biomarker maintenance claims on foods (notified to FSANZ on 28 May 2004)

In May 2004, the Ministerial Council further considered the issue of biomarker maintenance claims (for example ‘maintains healthy cholesterol’).

Ministers recognised that foods can have a positive impact on the public’s health, and industry innovation in this area should be encouraged. The policy guideline on nutrition, health and related claims, endorsed at the December 2003 meeting of the Ministerial Council, will provide significant benefits to industry, in promoting healthy food choices to consumers. Ministers also recognised that the protection of public health and safety is a critical issue, and that consumers must be protected from false and misleading claims, or claims that have the potential to distort diets.

The Ministerial Council determined that claims regarding the maintenance of a biomarker would be permitted on foods and that they would be treated the same way as enhancement claims. That is, manufacturers will be required to apply to FSANZ for approval of a biomarker maintenance claim prior to releasing the product to market. This will ensure that claims are appropriately substantiated and subject to public consultation prior to their use.

Country of Origin Labelling of Food (notified to FSANZ on 18 December 2003).

In December 2003 the Ministerial Council agreed to a policy guideline for mandatory country of origin labelling of food. The guideline states that the country of origin labelling should be mandatory in order to:

24 REGULATION FOOD STANDARDS AUSTRALIA NEW ZEALAND

• ensure that consumers have access to accurate information regarding the contents and production of food products; • ensure that consumers are not misled or deceived regarding food products; • be consistent with, and complement, Australia’s and New Zealand’s national policies and legislation including those relating to fair trading and industry competitiveness; and • be cost effective overall, and comply with Australian and New Zealand obligations under international trade agreements while not being more trade restrictive than necessary.

We have commenced work to develop a new standard for Country of Origin Labelling having regard to the policy guideline.

Food Safety Management in Australia (notified to FSANZ on 18 December 2003)

The food safety measures are partly in response to the fact that food-borne illness continues to be a public health issue here and overseas. It has been attributed to the increasing global trade in food, new food-production processes and changing diets and eating patterns of consumers. To improve public health and safety and to maintain public confidence in the safety of the food, Australian governments have agreed, among other decisions, to work jointly towards a whole-of-chain approach to food safety.

This approach builds on the Food Safety Standards developed by FSANZ in 2000, which applied mandatory hygiene requirements to the production, manufacturing, retail and the food services sectors of the food supply chain (Standards 3.2.2 and 3.2.3). Standard 3.2.1 provided a model food management system that could be used by States and Territories to require food businesses to implement a food safety program based on Hazard Analysis Critical Control Point (HACCP) principles. HACCP is a systematic, science-based approach used in food production and processing as a means to assuring food safety.

The Ministerial Council agreed that food safety programs in highest risk sectors be made mandatory in Australia. The policy guidelines developed by the Ministerial Council to improve food safety management in Australia will guide the standards development process.

Those food business sectors included in mandatory food safety programs will be businesses:

• in which potentially hazardous food is served to vulnerable populations (e.g. hospitals, nursing homes); • producing, harvesting, processing and distributing raw oysters and other bivalves; • catering to the general public; and

ANNUAL REPORT 2003-2004 REGULATION 25

• producing manufactured and fermented meat.

Implementation of mandatory food safety programs for these sectors will be required within two years after the amendments to the Food Standards Code are gazetted. This allows for a flexible approach to implementation.

We are responsible for implementing the decision of the Ministerial Council through the amendment of Standard 3.2.1 in the Code and have prepared a number of Proposals for this purpose.

FSANZ has commenced work with the States and Territories, industry and consumers to bring these standards into place.

In May 2004, we released Initial Assessment Reports for three projects (manufactured meat, catering businesses and food service for vulnerable populations) for public comment on the proposed amendments to Standard 3.2.1. We intend to address the area of oysters and other bivalves through the seafood primary production and processing standard.

New Zealand is currently reviewing both mandatory and voluntary risk-based management plans in the context of a broad ranging Domestic Food Review.

Novel Foods (notified to FSANZ on 18 December 2003)

Novel foods are those non-traditional foods for which there is insufficient knowledge in the broad community to enable safe use. Regulations concerning novel foods have been incorporated into the Code since June 2001 as Standard 1.5.1. Industry has, however, a number of concerns about this standard.

Ministers have asked FSANZ to review the standard and associated user guide and to consider issues raised by stakeholders. The Ministerial Council asked that the review of the standard has industry, government and consumer input.

As a precursor to the review of Novel Foods (PP291), FSANZ sought nominations from stakeholders in May 2004 to participate on a Standard Development Advisory Committee (SDAC) which will provide an important source of advice on the development of the new standard.

Other work requested

Maximum Residue Level Harmonisation (within Australia)

Maximum Residue Limits (MRLs) are set to protect the consumer by ensuring that residues are no higher than is necessary for effective disease and pest control. They also allow the enforcement of good agricultural and veterinary practices and act as trading standards to

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facilitate international trade. The Australian Pesticides and Veterinary Medicines Authority (APVMA) is responsible for approving an agricultural and veterinary chemical for agricultural use while FSANZ is responsible for validating the dietary exposure assessment and consulting with the public before adopting the MRL in the Food Standards Code.

Of particular interest to our stakeholders – industry and consumers alike – is the lengthy processes for the approval of an agricultural and veterinary chemical, firstly by APVMA for agricultural use and then by FSANZ to ensure that a food for sale is safe for human consumption. The gap in time potentially allows farmers to legally use a chemical on crops or animals, but the food produced may be illegal for sale as the MRL is not yet approved in the Food Standards Code.

In response to this issue, the Ministerial Council agreed to a process to harmonise the Maximum Residue Level (MRL) setting procedures of the APVMA and FSANZ to establish one set of published MRLs that regulates safe food and safe chemical use in agriculture.

The agreed approach is based on the harmonisation of administrative processes, monitoring and review of the new harmonised assessment process and, subject to satisfaction with the new processes, the issuing of a single MRL.

Review of Labelling of Genetically Modified Food

When the Australia New Zealand Food Standards Council agreed to a new labelling regime for genetically modified (GM) foods in December 2000, Australia and New Zealand were among the first countries in the world to implement food-labelling requirements. Ministers requested that the new requirements be reviewed in the context of international developments.

Ministers considered the report on the review in May 2004 and were pleased to note that the Australian and New Zealand requirements remain amongst the most comprehensive in the world and that industry compliance with labelling requirements has been good.

Ministers requested that FSANZ continue to monitor international trends on GM labelling and report to them on progress.

Fortification of Food

The Ministerial Council agreed to a policy guideline for the Fortification of Foods with vitamins and minerals in May 2004. The policy covers both mandatory and voluntary fortification of food.

Ministers agreed that vitamins and minerals may be added to food where there is, for example, demonstrated evidence of a potential health benefit, and it is clear that the fortification of a food will not result in harm.

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Prior to this, work on a number of Proposals relating to the fortification of food had been deferred pending policy guidelines from the Ministerial Council. These included P230 – Iodine Fortification; P235 – Food Type Dietary Supplements; and P236 – Sports Foods.

Ministers also agreed with FSANZ that mandatory fortification of food with iodine and folate should be considered as a priority. Work on these matters has now commenced.

Ministerial request for review

The Ministerial Council exercised its ability to send issues back to FSANZ for a review of its decisions on four occasions this year. These were in respect to:

A424 – Addition of Calcium to Foods

We were asked to review our decision to permit the voluntary addition of calcium to fruit and vegetable juices, fruit and vegetable drinks, soups and cracker-type biscuits.

This review is currently underway and is expected to be finalised in 2004-2005.

A476- Acidified Sodium Chlorite as a Processing Aid.

The Ministerial Council asked us to review our decision to permit the use of acidified sodium chlorite as an anti-microbial intervention/processing aid for use on raw poultry, red meats and raw or cooked comminuted or formed meat products during processing.

A review was completed and the amendment subsequently gazetted.

P262- Minor Amendments Omnibus No. III Foods for Infants-Exemption from Mandatory Labelling of Sodium.

A review of the labelling of the sodium content of infant foods, requested by the Ministerial Council in 2002-2003, was completed during the year. FSANZ reaffirmed its approval of the approved draft standard, subject to some amendments and re-notified the Ministerial Council. The revised standard was gazetted in December 2003.

P264 – Review of Gluten Claims with specific reference to Oats and Malt

This Proposal sought to clarify sub clauses in the Food Standards Code in terms of whether to retain the prohibition of gluten claims on foods containing oats or malt and, if so, whether to extend the prohibition to foods that contain products of oats or malt.

The Ministerial Council requested that we review our decision to extend the prohibition of gluten free for foods containing products of oats and malt as well as our decision to remove the prohibition of low gluten claims on foods containing oats or malt. The review was completed.

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End of twelve-month extension for food labelled on the premises

On 20 December 2002, the Ministerial Council provided a twelve-month exemption from the labelling provisions for food packaged and labelled on the premises from which it is sold. However, this exemption did not extend to those requirements relating to the protection of public health and safety. (Standard 1.2.3 – Mandatory Warning and Advisory Statements and Declarations; Standard 1.2.5 – Date Marking of Package Food (use by dates only) and Standard 1.2.6 – Direction for Use and Storage).

The exemption ended on 20 December 2003. All food labelled on the premises from which it is sold is now required to comply with the labelling provisions in the Code other than where specific exemptions apply.

Food manufacturers and retailers have had since December 2000 to make these changes. The extension was granted as some retailers were unable to make the December 2002 deadline, as they required further time to set up equipment.

Foods and food ingredients requiring pre-market approval

Genetically Modified Food Applications

Genetically modified foods (GM foods) come from crops and other food sources that have been modified using gene technology. The technology allows food producers to alter more precisely certain characteristics of a food crop by introducing genes from another source.

The Food Standards Code regulates the sale of GM foods in Australia and New Zealand. The standard provides for a mandatory pre-market safety assessment and a mandatory labelling requirement.

A total of 23 genetically modified commodities have been approved since 1998. The majority relate to plant commodities with genetically modified properties of herbicide tolerance or insect resistance. During the year we progressed four Applications. An Application seeking permission for the use in food of genetically modified wheat was subsequently withdrawn.

Novel Foods Applications

Novel foods are those non-traditional foods where there is insufficient knowledge in the broad community to enable safe use. Under the current food standards, novel foods are required to undergo a pre-market safety assessment.

During the year we progressed five Applications received prior to 1 July 2003 and one Application received after that date concerning novel foods.

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Processing Aids

Processing aids are required to undergo a pre-market safety assessment before approval for use in Australia and New Zealand. A processing aid is a substance used in the processing of raw materials, foods or ingredients, to fulfil a technological purpose relating to treatment or processing but does not perform a technological function in the final food.

During the year five Applications were gazetted, one Application was notified to the Ministerial Council but not yet gazetted and a further six were being progressed. Two Proposals concerning processing aids were also progressed during the year.

Maximum Residue Limits (MRLs)

Three Applications from the APVMA to adopt MRLs into the Code were gazetted during the year while one was notified to the Ministerial Council though remained to be gazetted. We also sought an urgent amendment to the Code with respect to the MRL standard to correct an anomaly to ensure that chemical residues are not permitted in food unless they comply with the specific limits in the standard.

A further three Applications were being progressed as at end June 2004.

Public Health Standards

P274 – Review of Minimum Age Labelling of Foods for Infants

In April 2003, the Ministerial Council requested that FSANZ review the minimum age labelling requirements for infant foods to resolve an apparent inconsistency with the revised Australian National Health and Medical Research Council (NHMRC) Dietary Guidelines for Children and Adolescents released in June 2003. In addition Ministers asked that a review of minimum age labelling also consider and accommodate New Zealand infant feeding guidelines.

This work progressed during the year and is expected to be finalised in 2004-2005.

A470 – Formulated Beverages

We are currently processing an Application to develop a new standard in the Food Standards Code permitting the addition of vitamins and minerals to water-based non- alcoholic beverages. Currently Australian beverage manufacturers are denied the opportunity to manufacture formulated beverages, whereas these products can be legally manufactured in New Zealand under New Zealand regulations and imported into Australia under the Trans Tasman Mutual Recognition Arrangement (TTMRA).

The applicant has requested the creation of a standard for formulated beverages.

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P242 – Foods for Special Medical Purposes

Foods for Special Medical Purposes (FSMP) are principally formulated food products, used under the supervision of medical or other health professionals, for the dietary management of individuals (including children), with either ongoing chronic medical or disability conditions or during acute phases of illness, injury or disease.

The current regulation of FSMP in Australia and New Zealand is unclear. This proposal recommends an appropriate regulatory approach.

Primary Production and Processing Standards

FSANZ has commenced work on a number of Primary Production and Processing (PPP) Standards.

FSANZ works in partnership with other agencies of Australian governments, industry stakeholders and consumer groups to extend food safety obligations to the primary sectors by developing PPP standards.

In effect, the PPP standards complete the application of scientific risk analysis to the entire food chain – from production to consumption – and the introduction of management strategies commensurate with the risk. The intent is to identify food safety hazards and to take remedial action earlier in the food chain, thereby making existing measures elsewhere in the chain more effective.

Each standard will be mandatory and national in scope and be consistent with the principle of minimum effective regulation.

FSANZ has regard to the policy guidelines set down by the Ministerial Council for the development of the primary production and processing standards. We also collaborate with the Food Regulation Standing Committee (FRSC) Primary Production Working Group to ensure appropriate priorities are set for PPP standards.

We expect to finalise the first PPP Standard – for the seafood industry – by the end of 2004 and have commenced work on a poultry meat standard.

P262 – Seafood

Development of a seafood PPP standard commenced in September 2002 and is expected to be completed in December 2004. FSANZ undertook a scientific evaluation of the relative risk within the seafood industry during the year, which underwent international peer review.

Based on this evaluation, we prepared three management options to minimise the risk to human health from the consumption of seafood for discussion with stakeholders. The

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preferred option is to introduce some basic food safety requirements across the seafood industry and more stringent food safety management systems to the higher risk sector of the industry, that is, oysters and other bivalves. This is consistent with the food safety schemes introduced voluntarily by most bivalve businesses in Australia. The proposed standard drew heavily on these existing standards. This outcome will ensure the continued safety of oysters and other bivalves.

We released a Draft Assessment Report, comprising the scientific evaluation and management options, together with a draft seafood PPP standard, for a second round of public comment in June-July 2004. The report, including a Regulatory Impact Statement, satisfied the requirements of the Office of Regulatory Review.

P282 – Poultry meat

The development of a PPP standard for poultry meat started in February 2004 with the establishment of a Standards Development Committee (SDC) with government, industry and consumer members.

In association with the poultry meat SDC, FSANZ has prepared a proposal and released an Initial Assessment Report as the basis for a first round of public comment. This Report contains an overview of the poultry meat industry, a discussion of hazards associated with poultry meat and the connection with human disease in Australia, and existing measures in place to manage food safety in the industry. In the report, FSANZ asks a number of questions of stakeholders. The Initial Assessment Report was released in May 2004 for a six-week consultation period and will be the basis of ongoing discussions with stakeholders.

Dairy

Development of a PPP standard for the dairy sector was foreshadowed in May 2004 when the FSANZ Board agreed to the establishment of a Dairy Standards Development Committee.

Raw milk cheeses

Currently the Code allows the sale of raw milk cheeses that have been assessed to have an equivalent level of safety as cheeses made from heat-treated milk. Three raw milk cheeses are permitted to be imported from Switzerland through specific permission under conditions specified in the Code.

In addition, the manufacture of raw milk very hard cheeses is specifically permitted through an exemption to the heat treatment requirements in the Code. This exemption is based on the assessment that these cheeses are safe due to their low moisture content and long maturation time, which control the level of pathogens in this product.

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P263 – Raw milk extra hard grating cheeses

We undertook to review the exemption of raw milk extra hard grating cheeses from the milk heat treatment requirement in the Code. After extensive consultation within the dairy industry which confirmed the safety of these cheeses, we decided in December 2003 to retain, without amendment, the exemption of raw milk extra hard grating cheeses from the milk heat treatment requirement.

A499 – Roquefort cheese

We received an Application from the French Government (Ministry of Agriculture and Fisheries) to amend the Code to permit the sale of Roquefort cheese made from raw sheep’s milk. There is currently no approval for the sale of Roquefort cheese in Australia or New Zealand.

A first round of public consultation has been held on the Application. We approached the French Government in June 2004 for supplementary information to aid our risk evaluation.

Other food safety standards

P251 – Review of Processing Requirements for Uncooked Comminuted Fermented Meat (UCFM) Products

The consumption of uncooked comminuted fermented meat (UCFM), if contaminated by enterohaemorrhagic Escherichia coli (EHEC), poses a public health risk.

We initiated a Proposal to review the Food Standards Code on the processing requirements for UCFM. A microbiological risk assessment, undertaken by FSANZ, concluded that a very low level of EHEC is likely to be present in a small proportion of UCFM in Australia. Based on the findings of the risk assessment and the review of the current standard, the implementation of a hazard analysis critical control point (HACCP) based food safety program for UCFM production was proposed as an amendment to Standard 1.5.2.

We also proposed a minor technical change to the minimum permitted level of E.coli in finished UCFM specified in the Food Standards Code.

Managing food emergencies and public health issues arising from food

FSANZ plays a key role in coordinating the management of food emergencies and providing advice on public health issues arising from food.

We have a statutory responsibility (in Australia) to work with the States and Territories to coordinate national surveillance and implementation activities. FSANZ is responsible for coordinating with the jurisdictions, national surveillance, enforcement and food recalls and

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for undertaking risk assessments for imported foods. These responsibilities are outside the scope of the Treaty with New Zealand and are only delivered within Australia.

We are working to increase our capacity to respond to food safety incidents. We have commenced work with our State and Territory colleagues to develop a National Food Safety Incident Protocol. Through this protocol it is anticipated that the assessment of the risk, communication and response actions between relevant government agencies and industry stakeholders will be more coordinated.

We have also commenced the development of processes and protocols that will improve the communication between the jurisdictions, FSANZ and the Australian Quarantine Inspection Service (AQIS) in managing food safety incidents.

Emerging issues

We are increasingly formalising the use of information from a wide range of sources to alert us to emerging food issues world-wide. Much of this information is obtained through our strong linkages with other regulatory agencies and experts as well as from Internet searches and other publications. A report of relevant information is also provided to key industry and government stakeholders. We have put in place a systematic approach for considering and, if necessary, addressing such issues. Emerging public health and safety issues are raised and discussed regularly by senior scientific staff and the Chief Scientist. Each issue is discussed thoroughly and a summary, including any proposed next steps, is presented to the FSANZ Board.

The globalisation of the food supply and the increased access to the Internet has placed regulatory agencies under increased scrutiny as responses and actions can be compared. This in turn has resulted in the need for more information to be provided to the community to better explain actions and responses.

Emerging issues, particularly with respect to the safety assessment of food from transgenic and cloned animals, the safety assessment of functional foods/foods containing bioactive ingredients, products at the food/medicine interface and novel foods will be the major challenges in the year ahead.

Dioxins

‘Dioxins’ refers to a group of persistent chlorinated chemical compounds that have similar chemical structures and properties, and have similar biological characteristics, including toxicity.

In 2002 the Australian Department of Health and Ageing (DoHA) commissioned us to coordinate a survey of dioxins in a range of foods representative of the total diet. Using the

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results of that survey, we prepared a dietary exposure assessment and risk characterisation report for dioxins in food for the Australian population.

The dietary exposure assessment and risk characterisation report concluded that the public health and safety risk for all Australians from exposure to dioxins from foods is very low.

Nitrofurans in prawns and honey

Early in 2003 we became aware of detections in Europe of very low levels of the antibiotic class of nitrofurans in imported Chinese prawns. Permission was withdrawn for the use of nitrofurens in food in Australia in 1992. At the reported levels there was a very low level of risk to public health.

The Australian Prawn Farmers Association (APFA) commissioned a survey of nitrofurans in prawns and our risk assessment, based on the survey results, determined that the health risk was very low

Semicarbazide

Reports from the European Food Safety Authority in July 2003 raised the issue of the potential contamination of foods in glass containers with metal closures with a chemical, semicarbazide, thought to have come from aeration chemicals used to make soft foam gaskets used in seals on the metal closures. Semicarbazide is relatively poorly characterised but a limited amount of data suggested a potential for carcinogenicity.

Listeria advice

During the year we updated our advice on the food poisoning bacteria, Listeria, for people at risk. Our revised advice reflects current scientific data as well as internationally adopted risk management strategies.

While Listeria infection is uncommon and causes few or no symptoms in most people, it can be very dangerous for unborn or newborn babies, the immuno-compromised and the elderly.

The food industry, state and territory regulatory authority and FSANZ have extensive management processes in place to prevent Listeria contamination during food production. However, listeriosis is usually caused by people at risk eating food that has not been stored or handled properly once the food has been produced or cooked.

Our updated advice provided safer alternatives for people at risk to eat in the meat, chicken, salads, seafood and dairy products food categories and identifies some higher risk foods that people at risk should be wary of consuming.

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Development of FSANZ advice on Mercury in Fish

FSANZ released updated advice on Mercury in Fish on 18 March 2004. The updated advice replaces advice that had first been issued in January 2001 and has been extended to provide advice not just for pregnant women, and women considering pregnancy, but also for the rest of the population, including young children.

The revised advice recommends that pregnant women, women planning pregnancy and young children continue to consume a variety of fish as part of a healthy diet, but limit their consumption of certain types of fish.

The advice was developed collaboratively with both the seafood industry and consumer/public health groups to ensure the public statements achieve an appropriate balance between caution regarding the risk associated with mercury in fish and recognition of the significant nutritional benefits from the consumption of fish.

We completed dietary modelling for a large number of applications and proposals to assess potential exposures to food chemicals and nutrients from the diet. Dietary modelling was undertaken in support of a number of emerging and surveillance issues such as mercury in fish, dioxin, acrylamide and chloropropanols. We have submitted international exposure assessment data for the Australian and New Zealand populations to the FAO/WHO Joint Expert Committee on Food Additives and Contaminants (JECFA).

Management of food emergencies and public health issues arising from food

We enjoy a good level of cooperation with our jurisdictional partners in coordinating food recalls and food safety incidents in Australia. We aim to work closely with State and Territory jurisdictions to a greater level in imported food issues and to tap into the information and intelligence they have in relation to particular issues. The management of food safety incidents and surveillance activities will require focussed activity.

There are occasions when there are impediments to the sharing of information on food safety incidents. We are working to engender more involvement by overseas regulatory authorities in both developed and developing countries to improve intelligence and the timely exchange of information on food related incidents. We are currently developing Memorandums of Understanding (MOU) with the United States Food and Drug Administration and the Canadian Food Inspection Agency to help in this regard.

Imported foods

FSANZ provides regular advice to AQIS on food and test combinations for imported foods as part of the Imported Food Inspection Scheme. The advice can relate to tests that are specified in the Food Standards Code, or for imported foods that fall outside the scope of

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the Code. We also provide advice to AQIS in the form of imported food risk category reviews.

We have requested AQIS to alter the testing frequency of certain imported foods based on a change in their risk status. For example, during 2003-2004, we requested the reduction in frequency of testing of canned mushrooms, and an increase in the inspection frequency of selected finfish; herbs, spices and vegetable seasonings; pistachios; poultry pate`s and livers; and sesame seeds and sesame seed products.

A number of imported food issues arose during the year. The first case of BSE was detected in the United States in December 2003. Because the BSE agent cannot be detected in food products, Australia has a certification system to which countries must comply if they export beef and beef products to Australia. Following the announcement of the US case, FSANZ was involved in coordinating the tracing of imports of beef and beef product imports from the United States, liaising with jurisdictions and coordinating the withdrawal of affected products.

We were also involved with the issue of imported Japanese individual quick frozen oysters, which were linked on numerous occasions to outbreaks in Australia of norovirus illness. Japanese oysters were linked epidemiologically with illness, but laboratories were unable to isolate norovirus from any of the samples linked with the outbreaks. Affected products were withdrawn or recalled from sale. In the absence of a direct test for norovirus contamination of oysters, AQIS was not able to readily implement inspection measures at the border, but based on advice we provided, is working towards placing restrictions on specific imported products. Our advice was based on an assessment of the risks of oysters acting as a vehicle for norovirus, and particularly the risks associated with specific products. Development of our advice involved a high degree of cooperation and collaboration between FSANZ, OzFoodNet, AQIS and the State and Territory health departments.

With the States, Territories, New Zealand, and AQIS we have managed issues relating to low-level residues of chemical contaminants in imported honey and prawns. Our approach to managing these issues was underpinned by an assessment of the risks posed by these chemicals in our food supply. Given the increasingly competitive international trade in food, it is likely that low-level chemical contamination will represent a major challenge for the future. This challenge will include not only the standards that should apply to low-level chemical residues, but also the strategy that is adopted for monitoring for these contaminants and the approach that should be used to address the situations where these contaminants are detected.

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Review of the Trans Tasman Mutual Recognition Arrangement (TTMRA)

In 2003-04 we participated by advocating food-related public health issues in a review of the Trans Tasman Mutual Recognition Arrangement (TTMRA). The review was commissioned by the Council of Australian Governments and the New Zealand Government and undertaken by the Productivity Commission. We collaborated closely with other Australian Government agencies, particularly the Australian Department of Health and Ageing and AQIS, to raise issues in submissions to the Productivity Commission. These issues were presented in the Productivity Commission’s final report as specific findings to amend the TTMRA. We are now working with these Australian Government agencies and also the Department of the Prime Minister and Cabinet to develop the Australian Government’s response to these findings.

The issues raised by FSANZ, in collaboration with other Australian Government agencies, were:

• To identify the conditions under which the Imported Food Control Act 1992 could be removed from the list of TTMRA permanent exemptions.

• To introduce a temporary exemption under the TTMRA in circumstances where food standards in Australia and New Zealand become unaligned and the situation raises risks to public health and safety.

Food recalls

FSANZ is responsible for coordinating and monitoring food recalls across all Australian States and Territories. FSANZ chairs a national group of food recall officers that convenes as needed to discuss and coordinate food recall action.

We frequently provide scientific risk assessments to assist in decision-making with respect to food recall and withdrawal activities. Where the risks to public safety are significant, FSANZ will recommend food recall action. However, where public health and safety risks are evident but not severe, coordination and information sharing will often result in collaboration between agencies and consultation with food manufacturers and importers leading to voluntary food withdrawals by the food industry.

This consultative process is becoming increasingly important in coordinating compliance and enforcement activities within Australia and for imported foods.

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Food Recalls 2003 – 2004

The total number of recalls was 77 of which 20 (26%) were of imported products.

Number of recalls Number of recalls Reason for recall 2002-2003 2003-2004 31 34 Labelling errors (e.g. no cooking instructions; undeclared allergens), product includes ingredients not listed on the label, (e.g. peanuts, gluten, egg, soy, milk, fish protein). 22 26 Microbiological health risks, (e.g. Listeria monocytogenes, Salmonella, E.coli, etc.). 8 8 Inclusion of foreign matter, eg glass, metal etc. NIL 4 Processing faults (e.g. insufficient thermal processing). 7 3 Chemical contamination (contaminated with lubricant or cleaning solution). 4 2 Other unpermitted additives, food colouring above permitted levels. 2 NIL Product deterioration 1 NIL Biotoxin contamination

The Code requires all food manufacturers and importers to declare certain food allergens on food product labels. As a result of this requirement, a number of companies initiated audits of ingredients used in their products. Government agencies conducted more routine testing leading to a higher number of allergen-related recalls.

We provide post-Recall Reports to the State and Territory coordinators and the Competition and Consumer Policy Division of the Department of Treasury on the effectiveness of recalls.

Monitoring and evaluating hazards in food to support the development food regulatory measures

Coordinated Food Survey Plan

A major goal of the year was to gain agreement to a national and cross-jurisdictional approach to undertaking food surveys of national significance. We worked closely with jurisdictions, culminating in a joint FSANZ/South Australian Department of Health Workshop in May 2004. The Workshop considered FSANZ’s proposal for a Coordinated Food Survey

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Plan and the associated Protocol for the Establishment and Operation of the Coordinated Food Survey Plan. At the end of the financial year, the Plan and Protocol were both endorsed by the Implementation Sub Committee. The Plan contains details of those surveys that are of national significance or will be undertaken at the national or binational level during the next three years.

Other surveillance activities

We have achieved significant progress in ensuring a more effective coordination of food survey activities undertaken in the jurisdictions. The Food Surveillance Network, chaired by FSANZ, is operating well and provides a useful forum for jurisdictions to exchange information and discuss technical issues associated with the operation of food surveys. Three Australian inter-jurisdictional surveys were successfully completed during the year with FSANZ providing a key planning, coordination and organisational role.

FSANZ also published three editions of the popular Food Surveillance Newsletter during the year.

Fish Mislabelling Survey

In a small pilot survey, fish were taken by Australian jurisdictions from a variety of food businesses in September 2003 as part of a national study into fish mislabelling. The pilot survey mainly looked at two species – barramundi and red emperor. These species were selected because the names are used nationally and they are a high-value table fish that tend to be among the most commonly mislabelled species. We published the report on our website along with a question and answer (Q &A) sheet and articles in Food Standards News and the Food Surveillance Newsletter.

The survey found that 106 out of the 138 fish samples were correctly labelled. Food service establishments (e.g. restaurants, cafes, takeaway stores) had the lowest level of compliance, with 43 out of 67 samples correctly identifying the fish. Some 39 out of 44 samples from retailers (e.g. fishmongers, supermarkets) were compliant, as were 24 from 27 samples from wholesalers. The survey did not determine whether the mislabelling was intentional or accidental.

We have brought this to the attention of the Australian Competition and Consumer Commission. The seafood industry has developed a list of standard marketing names (Australian Fish Names List), which is used by reputable suppliers of seafood. The industry has been working closely with FSANZ to develop advice to ensure that wholesalers, retailers, food service operators and consumers know exactly what they are buying. An Australian Standard for fish names is to be developed through Standards Australia.

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Sesame Seeds and Sesame Based-Products Survey

These products are susceptible to microbiological contamination, particularly with Salmonella. As these foods are often not cooked, any pathogens present may not be subjected to a kill step.

FSANZ undertook a survey of sesame and sesame-based products to investigate contamination of these foods and the effectiveness of current testing. A number of States participated in collecting samples and a total of 39 different batches/products were being tested for Salmonella. One positive result was obtained which was identified as Salmonella Richmond. This product was recalled and we held further discussions with jurisdictions and AQIS to better inform and target the enforcement resources.

Sudan Colouring Survey

In collaboration with all Australian States and Territories, we conducted a survey in March 2004 to determine if the unapproved red dyes – Sudan I, II, III or IV – were present in the chilli and paprika powders available for sale in Australia.

International surveys, particularly in the United Kingdom, had found a number of chilli, paprika, relish and chutney products containing chilli powders being contaminated with Sudan I and Sudan IV. The implicated products were primarily sourced from India. The Australian survey focussed on chilli and paprika powders from India and other Asian countries as these were considered to be the likely source of Sudan dyes based on the results of overseas surveys.

Sudan I, II, III or IV dyes were not detected in any of the 56 samples tested from throughout Australia. FSANZ and AQIS will continue to liaise with the States, Territories and New Zealand on the appropriate level of testing of imported foods for these contaminants.

Australian Total Diet Survey

Planning for the 22nd Total Diet Survey is under way. The survey will include testing for iodine, nitrite and some other trace nutrients. The report for the 21st Total Diet Survey, which focussed on food additives, will be published in the first half of 2004-2005.

Strengthening the evidence-base for food standards decision making

To ensure public confidence in the food regulatory system, we continually seek to demonstrate our technical competence in delivering food standards based on sound and expert science. Much of our credibility is therefore founded on the quality of our science and the rigour of our scientific risk assessments.

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We are specifically resourced to provide scientific expertise across a broad range of food sciences and technologies. We continue to commit much of our resources to this area and to identify opportunities to enhance our expertise and capabilities in this area.

A core aspect of our work is the monitoring and evaluation of hazards in food in support of the development of appropriate food regulatory measures, which underpins our standards development work.

We continued to collect scientific data relating to human nutrition and evaluated major changes in food regulatory measures, including the assessment of their impact on stakeholders.

Strengthening the evidence base

Scientific risk assessment plays a critical role in the standard development process.

During the year FSANZ’s scientific risk assessment capabilities were consolidated into a new Branch – Scientific Risk Assessment and Evaluation. The development of standards is underpinned by our scientific work in Chemical Safety, Microbiology, and Public Health Nutrition.

We also have a Strategic Science Unit which is responsible for the provision of rigorous medical advice to FSANZ staff, as well as enhancing the development of scientific risk analysis capability, the maintenance of cross-agency coordination of scientific issues and managing the FSANZ Fellows Program.

Dietary modelling

We are undertaking a comprehensive feasibility assessment of the use of probabilistic dietary modelling methodology in our work. This methodology allows the calculation of the full distribution of individual dietary exposures to food chemicals for the Australian and New Zealand populations and is being implemented by a number of countries. It is envisaged that, subject to the successful completion of the feasibility assessment, we will implement this new methodology into our routine risk assessment work.

Food consumption

FSANZ has been a strong advocate for an Australian National Nutritional Survey (NNS). The data from this survey underpin the dietary modelling and risk assessments undertaken by us and concern has been expressed at the increasing age of the most recent NNS and the applicability of these food composition data to current dietary patterns, given that it was conducted in 1995.

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We also expect to enter the 2002 New Zealand children’s food consumption data into our dietary modelling software (DIAMOND).

Food composition

We have progressed work during the year on the completion of a major new food composition report that will be published in 2004-2005. This will include data that have previously been unpublished and will be a valuable resource for public health professionals, academia and food regulators. The report will also contain data that will help inform policy related to nutrient fortification and health and related claims.

We will also commission new analytical work to ensure that the food composition data, used to support risk assessment of changes to standards and used by many stakeholders, remains relatively current.

During the course of the year we have successfully responded to hundreds of queries relating to the use of the Nutrient Panel Calculator (NPC). This is a tool provided on our website to help industry and other stakeholders in the generation of Nutrition Information Panels mandated on food labels. It has also proved popular with consumers and educators who want to identify the nutrient content of certain foods.

In early 2004, we released a third version of the database that supports the web-based Nutrition Panel Calculator. This database (known as AUSNUT Special Edition) now contains additional information on food additives and ingredients, with revised names and descriptions intended to facilitate use of the NPC.

FSANZ Fellows

The FSANZ Fellows program is a network of experts on a wide range of scientific and professional fields. FSANZ can access the expertise of the Fellows to ensure we have a high calibre of independent advice in order to operate effectively as a food regulator. The FSANZ fellows are: Professor Jeff Borland, Dr Martin Cole, Dr David Hill, Dr John Huckerby, Professor Jim Mann, Dr Geoff Marks, Professor Tom McMeekin, Professor John McNeil, Emeritus Professor Nancy Millis, Professor Roger Morris, Professor Paul Moughan, Dr Chris Reynolds and Professor Tony Worsley.

FSANZ Fellows participated in two major types of activities during the year - formal workshops and providing advice on specific issues.

This year, Professor McNeil participated in a FSANZ workshop on bioactive ingredients in food. Professor Morris led a two-day quantitative microbiological risk-modelling workshop in March 2004. We initiated the workshop to enhance our capabilities in this discipline, and included presentations from a number of Australian risk modelling experts. Professor

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McMeekin contributed to the discussion on managing the risk of listeriosis in vulnerable populations and Professor McNeil also participated in the activities of the Scientific Advisory Group assisting in the development of the framework for substantiation for Nutrition, Health and Related Claims.

In addition, the expertise of a number of the Fellows was called upon in relation to specific issues that FSANZ was faced with during the year. This included epidemiology of food allergies in the Australian population (Dr Hill); the applicability of computable general equilibrium econometric models to food regulatory issues (Professor Borland); international developments in managing BSE (Professor Morris); and international developments in managing uncooked meats (Professor Cole).

We also drew on Dr Huckerby and Dr Marks for their expertise in relation to our evaluation work.

Full-time medical advice capability

In the latter half of 2003, FSANZ appointed Dr Bob Boyd as full-time Chief Medical Adviser. He was previously employed as Principal Medical Adviser with the New Zealand Food Safety Authority. The Chief Medical Adviser has been developing links with the scientific and medical communities in both countries, reviewing and planning for enhancement of the FSANZ Fellows program and contributing to the development of papers for the Board when medical/pharmaceutical knowledge is required. He also develops our position on emerging issues of medical significance and plays a major role in developing the requirements for nutrition, health and related claims and, in particular, the framework for substantiation.

FSANZ scientific network

In addition to the FSANZ Fellows program, FSANZ is part of a network of regulatory scientists in Australia who meet to share and discuss information and approaches relevant to the responsibilities of FSANZ, the Office of Chemical Safety (OCS) within the Department of Health and Ageing and the Australian Pesticides and Veterinary Medicines Authority (APVMA). In addition, the Chief Scientist meets on a regular basis with her counterparts in the Therapeutic Goods Administration (TGA) and APVMA. We intend to extend this network to include the relevant counterparts in the regulatory bodies at the State and Territory levels and to maintain its scientific links with regulatory agencies that apply scientific risk assessment to their decision-making. These networks provide us with opportunities to access significant scientific resources and to contribute to national and international collaborative activities related to a wide range of scientific risk analyses.

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The Science Forum

The Science Forum was instituted to promote best practice health risk assessment approaches in government and to promote technical excellence among regulatory scientific staff. The Science Forum has been established under the auspices of the OCS and includes the Health portfolio regulatory agencies, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS), the TGA, the Office of the Gene Technology Regulator (OGTR) and FSANZ. Agencies such as the APVMA, Environment Australia and the National Occupational Health and Safety Commission also participate. The objective of the Forum is to bring regulatory scientists together to discuss common issues and innovations in risk assessment methods. We participated in the first meeting held in Canberra in May 2003 and participated in a second meeting held in September 2003 and a third meeting held in July 2004.

Workshop on Bioactive Ingredients in Food – Safety and Efficacy

The purpose of the workshop was to discuss issues around the presence of bioactive ingredients in food, their appropriateness, safety and efficacy, to examine the current regulatory frameworks for bioactive ingredients and to identify scientific and regulatory needs for improved regulation. The workshop, held in Canberra in March 2004, was hosted by FSANZ and included participants from the food policy sections from the Department of Health and Ageing and the Department of Agriculture, Fisheries and Forestry, and the TGA Office of Complementary Medicines. The workshop considered the role of food and medicines, how food is regulated and specific issues surrounding health- promoting and performance-enhancing substances, non-culinary herbs and nutritive and disease-modifying substances.

Workshop on Quantitative Microbiological Risk Assessment

Microbiological risk assessment is a relatively new and evolving discipline, addressing often highly complex scientific problems with inherent uncertainty and variability. We are increasingly utilising predictive microbiology and quantitative risk modelling, and we are enhancing our capabilities in these areas.

In March 2004, nineteen staff members attended a Risk Modelling Workshop presented in Canberra by FSANZ Fellow, Professor Roger Morris. The workshop was designed to enhance our ability to utilise quantitative microbiological risk assessments that underpin the standard development process. A number of microbiological risk modelling experts including Paul Vanderlinde (Food Science Australia), Dr Susan Dobson (University of Tasmania), Dr Stefan Fabiansson (NSW Food Authority) and Dr Andrew Pointon and Ben Daughtry, South Australian Research and Development Institute (SARDI) contributed.

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Further discussions will centre on the extent to which FSANZ develops its risk modelling capacity and capability.

To further enhance our risk modelling capability, a number of our staff attended a Predictive Microbiology Workshop in Sydney organised by the Australian Food Safety Centre of Excellence.

Improvements to our standards development processes

While continually building on our scientific expertise and knowledge we also took steps to improve our reputation for scientific integrity. One way of achieving this was to ensure a clearer delineation of roles and a clearer separation of scientific risk assessment from subsequent risk management decisions.

Risk Analysis and FSANZ’s Standards Setting Process

The Strategic Review identified the need for some changes to our operational processes to ensure a better alignment with, and greater responsiveness to, the new food regulatory system.

As part of that process we have reviewed the processes and procedures used in assessing Applications and Proposals in order to ensure a more transparent separation of the assessment of public health and safety risks from risk management. The FSANZ approach to risk analysis closely mirrors, albeit in a modified form, that adopted by Codex and the US Food Safety and Inspection Service. The operational effectiveness of our risk analysis approach, demonstrating the functional separation of risk assessment and risk management, will contribute to greater transparency and will demonstrate that we are in step with international best practice.

Our approach to the development of a Poultry Meat PPP standard is a good example of our risk analysis approach. This is illustrated in the following diagram.

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Standard Development Process for Poultry Meat PPP Standard

PROCESS RESPONSIBILITY Statutory Risk analysis Risk Risk Risk FSANZ Standard process process Assessor Manager Comm- Board Development unicator Committee Communication  plan Raise the  Proposal Preliminary   identifcation of issues Initial  Assessment Report Public   Consultant (1) Questions for risk assors  Evaluation of risk  to public health & safety & response to questions Risk management  (public health & safety, economic, social, regulatory) Management   options Draft standard  Draft  Assessment Report Public    Consultation (2) Final  Assessment Report Ministerial review

The Scientific Risk Analysis Framework

The Scientific Risk Analysis Framework (SRAF) project is a comprehensive review of FSANZ’s analysis of risks to public health and safety from food-borne hazards, including identification of FSANZ’s approaches to risk mitigation. The broader regulatory context will

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also be described in the publication on this project in order to convey the background of social, economic and political considerations that are an integral part of the overall risk analysis.

It is envisaged that this publication will be the second of FSANZ’s Occasional Paper series (the first being GM foods and the consumer). The publication will be used as a platform for increasing understanding and transparency of the principles and approaches used by FSANZ when undertaking its standard development work, particularly in respect of FSANZ’s scientific approach to assessing and managing risks to public health and safety from food- borne hazards.

The SRAF project has identified the possible need for two documents ultimately being required; an abridged, shorter and ‘less complicated’ version for the more general audience and a second, longer, more detailed report for internal FSANZ use. We are currently concentrating on the public version. It has been given priority in order to produce a more widely available and user-friendly source of information, which will also serve to enhance transparency and communication with external audiences.

Regulatory Impact Statements

We have worked collaboratively with the Office of Regulation Review (ORR) to formalise our respective obligations under the Council of Australian Governments (COAG) requirements in a protocol between our agencies. The protocol covers all aspects of the relationship and interaction between the agencies and the application of the requirements for regulatory impact statements. It also focuses the assessment work of the ORR on those matters that will have a broad and major impact on the economy or will set new precedents in food regulation. The protocol provides the foundation for a very constructive relationship between our agencies and the ORR has made it available as a model to other regulatory agencies.

We use regulatory impact assessments to help us understand the effect of our regulatory practices on the food industry and consumers. They are the basis for our decisions on food standards to ensure effective minimum regulation.

In 2003-04, all regulatory impact statements that FSANZ prepared for public consultation satisfied the COAG requirements. Additionally, FSANZ involved the ORR early in the development of major proposals to amend the Code, which contributed to the high quality regulatory impact statements produced by FSANZ.

Standards Management System

The Standards Management System (SMS) is a locally developed electronic system that assists FSANZ to record, track and respond to Applications, Proposals and submissions. It

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is currently in a development form and is being trialled to prove the concept before being rolled out to all staff. It is a real time system, designed to provide transparency of operation and permit staff working on standards development to view and respond to submitters automatically through electronic means, saving time and resources.

SMS provides reports on key areas of activity as well as providing a forecasting and planning capacity for our standards development work.

Evaluation of food regulatory measures

A key component of good regulatory practice is the evaluation of the effectiveness and appropriateness of key food regulatory measures. We developed an Evaluation Strategy for 2004-2008 and continue to collect data to enable us to assess the impact of key changes in food regulations on our major stakeholders. During the course of the year we published two major evaluation survey reports and organised seminars for stakeholders on the results of these surveys.

The main outcome of the survey on the consumption of intense sweeteners by consumers was that levels of consumption of all sweeteners for the average consumer was well within reference health standards. The exception was for high consumers of products containing cyclamate. As a result we have taken action to initiate a review of cyclamate use in the food supply.

One of the findings of the allergen labelling survey was that people shopping for household members at risk of adverse reaction to food do find food label information useful. Such consumers are generally aware of changes in allergen labelling put in place recently and have developed strategies to minimise the risks posed by food. One potential source of confusion is the use of scientific and technical terms on food labels to describe foods and food ingredients in the ingredient list, an issue FSANZ has undertaken to explore further as to whether regulatory action is required.

The Evaluation Strategy for 2004-2008 includes an evaluation work plan for the coming year and is available on the FSANZ website.

In 2004-2005, we will complete the pilot phase of the label monitoring survey, undertake a survey with stakeholders on the overall impact of implementing the Code and generate baseline evaluation data in relation to the proposed nutrition, health and related claims standard and the primary production and processing standard for poultry meat.

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Fostering international networks

The development and maintenance of strong links with international food experts and international regulatory bodies remains one of our key priorities. Full engagement with international food regulatory agencies and participation in international food regulatory activities helps us secure stakeholder confidence in what we do.

We are a small agency and cannot possibly develop and innovate to the extent of our counterparts in North America and Europe. The maintenance of international links is therefore critically important to maintain our awareness of emerging food issues and to maintain our exposure to tools and expertise in assessing the risks of food hazards and types of regulatory approaches.

In recent years, we have built productive international linkages and established an influential and respected role in the international food regulatory environment. One of our key objectives is to maintain our contacts and our influence and to build on those relationships. We have worked closely with appropriate Australian Government agencies, particularly those that have responsibility for international negotiation on food policy issues.

We have been active participants in technical food standards committees of the Codex Alimentarius Commission. However, it is important that our international networks reach beyond Codex. Accordingly, we have formed close associations with internationally recognised food regulatory bodies in other countries and with other international agencies involved in food issues such as the Food and Agriculture Organization of the United Nations (FAO), the World Health Organization (WHO) and the various World Trade Organization (WTO) groups.

The development of our regional activities has also made a significant contribution to our standing in the Asia-Pacific region.

For a number of years we have provided assistance to food regulators and scientists in the Asia-Pacific region. Close collaboration between regional food regulators and the provision of training programs to countries in the region can have mutual benefits, including a shared understanding of, and commitment to, risk assessment and risk management practices. A common approach to standards development in the region would also be of considerable benefit to industry.

During the year we carried out an extensive review of the way we provide technical assistance on food regulatory matters to our neighbours in the Asia-Pacific region. We have developed a more structured and programmed approach to our regional project training and taken steps to clearly communicate to stakeholders the purpose and intent of this work. We are looking at ways of establishing our regional project work on a firmer footing.

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Our challenge is to maintain effective relationships with international agencies and to develop collaborative arrangements with other national agencies within the resources at our disposal. Confidence in the domestic food regulatory system is dependent to a large extent in demonstrating to our stakeholders that we apply international best practice to our standards development and that we are recognised internationally as leaders in the field.

Codex Alimentarius Commission

A key priority for FSANZ is our continued support for Australia’s involvement in the work of the Codex Alimentarius Commission (Codex). Codex is the international agency responsible for developing food standards that aim to protect the health of consumers and ensure fair practices in the international food trade. Codex standards are recognised by the WTO in the two agreements relevant to food: the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and the WTO Agreement on Technical Barriers to Trade (TBT Agreement).

The expertise of FSANZ staff and their commitment to Australia’s role in Codex are highly valued at the national and international levels. While we have reduced our involvement in the policy-oriented committees, we continue to maintain a strong and effective presence in the technical committees of the Codex.

We participated in the Codex meeting held in June and July 2003 that made a number of important decisions on standards and guidelines of relevance to FSANZ’s work. These included adoption of the guidance document for food derived from biotechnology, risk analysis principles for Codex and the judgement of equivalence of sanitary and phytosanitary measures.

We also attended the Codex meetings held in June 2004, at which the Commission considered draft standards and related text for adoption by subsidiary Codex Committees and Task Forces. These included recommendations for an international code of practice for Foods for Infants and Children, a definition for traceability/product tracing and agreement to establish a new taskforce to consider foods derived from modern biotechnology.

We continue to participate in major Codex committee meetings either as leaders of a number of Australian delegations or as participants.

Australian delegations to the following committees were led by FSANZ staff: • The Committee on Nutrition and Foods for Special Dietary Uses. Australia, and specifically FSANZ, was successful in progressing work on the application of the risk analysis framework to nutritional issues. Leadership in this area has provided an excellent opportunity to improve the evidence and risk-based consideration of nutritional issues.

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• The Codex Committee on Food Additives and Contaminants, Rotterdam where - consideration was given to the maximum levels for food additives in Codex Standards and also for contaminants. • The Codex Committee on Food Hygiene, Washington, where consideration was given to the issue of Microbiological Risk Assessment/Risk Management. • The Codex Committee on Food Labelling, Montreal, where FSANZ led the Australian delegation and had a particular interest in the health claims, biotechnology and country of origin labelling issues considered at the 2004 meeting.

Codex is giving active consideration to the establishment of a new taskforce to address issues around the safety of food derived using biotechnology. FSANZ continues to provide leadership to Australia’s input to this activity and is liaising closely with New Zealand.

FSANZ staff were members of delegations to, or contributed to the work of, the following committees:

• The Codex Committee on Food Import and Export Inspection and Certification Systems, held in Brisbane. Issues of particular concern to FSANZ included the exchange of information between countries in the event of a food emergency and traceability. • The Codex Committee on Meat and Poultry Hygiene, held in New Zealand. • The Codex Committee on Pesticide Residues. Items of particular interest to FSANZ included the issue of probabilistic modelling. • Codex Committee for General Principles, Paris. While we did not attend the meeting we contributed actively to the development of Australia’s position. Of particular interest to us is the development of guidelines for conducting risk analysis of food-borne hazards. Once developed, these guidelines will have important implications for the way in which we conduct our own risk analysis process.

We held a workshop for staff on our role in Codex and how we can contribute to the work of Codex more effectively and efficiently. About forty FSANZ staff participated and the format allowed a detailed consideration of issues important to us. Codex Australia staff from the Department of Agriculture, Fisheries and Forestry (DAFF) and staff from the Australian Department of Foreign Affairs and Trade (DFAT) also contributed to the workshop. The workshop was successful in raising the level of understanding of the Codex process, FSANZ’s role in the process and identified some areas of improvement in FSANZ’s management of its Codex role.

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During the year FSANZ was redesignated as a WHO collaborating Centre for Food Contamination Monitoring, effective until 2007. As a collaborating Centre, FSANZ participates in the Global Environmental Contamination Monitoring and Assessment Program (GEMS/Food) by providing monitoring information on the levels of contaminants in food and the total diet, providing information on the assessment of health effects from contaminants and works with other institutions to strengthen capabilities in monitoring for contaminants and assessing their health impact. Much of our contribution will centre on the total diet, and other surveys, dietary modelling of survey results, participation in Joint FAO/WHO Expert Committee on Food Additives (JECFA) and training activities undertaken through our Regional Projects Unit.

World Health Organization / Food and Agriculture Organization (FAO)

WHO/FAO play a key role in providing and developing scientific advice that we can use in our standard development activities. WHO often provides the mechanism to bring together world experts on particular subjects.

A FSANZ expert was invited to participate in the FAO/WHO Expert Consultation on the Safety Assessment of Foods derived from GM animals, including fish. Foods derived from GM animals is a significant emerging issue and our participation in consultation raises the question about the need for FSANZ to acquire some specialist animal-related skills in order to rigorously assess food from that GM source. Participation is by invitation only and is a concrete example of our expertise being recognised internationally.

We also participated in an international specialist workshop on animal cloning held in Europe that examined issues around the safety of food from cloned animals. This is an issue on which we have undertaken some preliminary work in order to establish the current state of research on cloning in Australia and New Zealand. It is apparent that we may need to address the regulatory issues associated with this technology sooner than originally anticipated.

During the year we contributed to the review by WHO and FAO (that commenced in mid 2003) of the provision of scientific advice to Codex. The review is examining issues of independence, transparency, timeliness, efficiency, integrity, sustainability and quality of advice. We consider that the outcomes from this process will significantly influence the mechanisms established to provide scientific advice to Codex, WHO and FAO, as well as to member governments. We have provided a leadership role in developing Australia’s input and have liaised with our New Zealand colleagues on the issues. A FSANZ expert was invited to an international consultation to consider recommendations on the provision of scientific advice. This work is ongoing and we will continue to actively contribute.

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We recognise the importance of scientific advice in underpinning international food standards and we continue to encourage a strong linkage between the scientific advice system and the priorities of Codex and member countries in relation to food safety.

We continue to provide support to WHO through the work of the Joint (FAO/WHO) Expert Committee on Food Additives (JECFA). JECFA establishes safe levels of intake for food additives and contaminants and develops specifications for food additives. JECFA decisions are accepted internationally and used by governments to establish national food standards. It also provides advice to the Codex Committee on Food Additives and Contaminants (CCFAC) particularly in relation to risk associated with particular levels of intake. Attendance at JECFA meetings is by invitation on the basis of individual expertise and enables FSANZ to be part of the process of establishing internationally accepted safe levels for additives and contaminants and to liaise with experts from other countries on a range of food safety issues.

FSANZ was represented at the WHO/FAO Regional Conference on Food Safety for Asia and the Pacific. FAO and WHO convened this conference to increase information exchange and facilitate discussion on practical actions to promote food safety in the region. The Conference was organised by the Malaysian Ministry of Health and attended by 240 delegates from 36 countries in the region as well as 10 international agencies.

Australia prepared two papers for the conference: one on food safety legislation and the second on risk analysis which was prepared by FSANZ. We took the opportunity to present case studies of assessing and managing the risks in food hazards particularly relevant to the Asia/Pacific, such as nitrofurans, Listeria contamination of prawns and other crustaceans and chloropropanol contamination of soy and oyster sauces.

World Trade Organization (WTO)

FSANZ also participated in the meetings of the Committee on Sanitary and Phytosanitary Measures (SPS) where member countries discuss issues relevant to the implementation of the SPS Agreement.

One of the key principles of the WTO international agreements is transparency. We fulfil our obligation to have transparent decision-making processes by notifying proposed changes to the Food Standards Code to the SPS and Technical Barriers to Trade (TBT) committees. This year we notified 11 proposed regulatory decisions to the SPS Committee and 3 proposed decisions to the TBT Committee.

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OECD Task Force for the Safety of Novel Foods and Feeds

FSANZ has been actively participating in the work of this task force since its inception in 1998 and a FSANZ officer has been chairing the task force since 2002. The most recent meeting of the task force was held in December 2003.

The primary objective of the task force is to promote international harmonization in the safety assessment and regulation of novel foods and feeds (especially the products of modern biotechnology, such as GM foods). This is being achieved through the development of science-based consensus documents and through outreach activities with non-OECD member countries.

The consensus documents are intended to promote a consistency in the use of the comparative approach for the safety assessment of GM foods. Consensus documents are being developed on the appropriate components of various GM crops (e.g. key nutrients, toxicants and anti-nutritional compounds), which should be considered in a comparison with the conventional counterpart. Documents have been completed this year on rice, cotton and barley and significant progress has also been made on a document on forage legumes.

Work has also commenced on a major project on molecular characterisation. This work is being undertaken as a joint project between the task force and another OECD group – the Working Group for the Harmonisation of Biotechnology. The project is intended to provide a detailed explanation on the use of molecular characterisation in the safety assessment of GM foods.

Quadrilateral Food Safety Meeting

The 13th session of the Quadrilateral Food Safety meeting (QUADS) was held on 19-22 April 2004 in Vancouver. Australia, New Zealand, Canada and the United States are members of this annual meeting. The meeting provides an opportunity to build high-level linkages between the food regulatory agencies of the participating countries and is an important link for us. Issues of particular significance included the National Food Safety Strategy, bioterrorism, Codex evaluation, surveillance strategies, as well as topics nominated by FSANZ, including BSE, transgenic animals/cloning and the provision of scientific advice.

FSANZ submitted two lead papers: one on Health Claims, in collaboration with the Department of Health and Ageing, and the other on Emerging Microbiological and Chemical Issues.

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Collaborative relationships

FSANZ maintained a strong collaborative relationship with Health Canada and the Canadian Food Inspection Agency. Health Canada has provided information on their thinking on future regulation to manage BSE risks, the review of the evidence underpinning the health claims permitted in the United States, and progress on developing guidelines for assessing the safety of food from GM animals. We also held a bilateral meeting with Canadian agencies immediately prior to the QUADS meeting.

FSANZ and Health Canada signed a Memorandum of Understanding (MOU) between the two agencies. There are some similarities between our organisations and we have enjoyed a positive and effective working relationship to date with our Canadian counterpart. This MOU builds on a previous MOU that was more generic in nature. The MOU signifies a strengthening of the relationship between the two agencies.

The Canadian Food Inspection Agency has also expressed interest in signing a separate broad-based MOU covering information sharing and collaborative activity. A draft MOU has been prepared and exchanged between our two agencies.

People’s Republic of China

FSANZ signed an MOU with the Chinese Ministry of Science and Technology (MOST) during the visit to Australia by Chinese President Hu Jintao in October 2003. The Chinese Government is committed to improving food safety in China and acknowledged the work done by FSANZ in food safety and in developing food standards. This MOU provides a framework for strengthening cooperation on food safety and food standards between MOST and FSANZ. It facilitates collaboration and information exchanges between the two agencies and provides for the development and delivery of training programs for Chinese participants, subject to the availability of funding.

In June 2004, an additional MOU between FSANZ and the Chinese State Food and Drug Administration was signed in Beijing. This MOU will further strengthen collaboration between the two agencies focussing on specific areas for cooperation and information exchange, such as laws and regulations for food safety, establishment of and research into emergency response systems on the safety of food and health food, food regulatory structures with respect to Codex, scientific research on technical measures for the supervision of food safety and enforcement and compliance activities.

We met with the Sydney Beijing Olympic Secretariat to discuss how FSANZ and a range of other agencies could provide assistance to the Beijing Olympics on food safety programs. Given that FSANZ is already working closely with the Chinese Government on food safety issues through the MOU, this will be a useful opportunity to work with other major players to improve food safety outcomes and harmonise food standards in the region.

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International visitors to FSANZ

During the year we had the opportunity to further develop our international contacts through direct discussion with a number of visiting international experts.

Country Department / Agency Subject Geneva James Acre Specialist in the area of infant feeding; World Health Organization long standing involvement in the WHO (WHO) strategies on infant feeding and the marketing of breast milk substitutes. USA Dr Gary McKee Discussions on the US response to the Administrator Canadian detection of BSE. Food Safety & Inspection Service, US Department of Agriculture USA Dr Steve Olin Discussions on risk assessment of ILSI Risk Analysis Institute chemicals, acrylamides and dioxins. Washington Netherlands Dr Ada Knapp Discussions concerning developments National Institute of Public within the European Food Safety Health and Environment Authority; risk assessment issues concerning food. Japan Chairman Discussions on risk assessment, risk Japanese Food Safety communication, the relationship of the Commission food regulator with the agriculture portfolio. Netherlands Ms Gerda van Donkersgoed Assistance with assessment of Institute of Food Safety applicability of probalistic modelling for (RIVIM) standards setting at both the national and Codex level. USA Dr Steve Taylor / Leading experts in the field of food Dr Susan Hefle allergies. University of Nebraska, Nebraska People’s Mr Wang Xiaofang Finalisation of details on MOU with Republic of Director-General FSANZ. China Ministry of Science and Technology People’s State Food and Drug Identify and discuss opportunities to Republic of Administration (SFDA) strengthen cooperation between China China and Australia. People’s China Quality and Technical Discussion on regulatory framework Republic of Supervision Bureau under which FSANZ operates. China

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These discussions have facilitated the establishment of links with the European Food Safety Authority and the International Life Sciences Institute (ILSI).

FSANZ staff visiting Europe met with representatives of the German and French food regulatory agencies. These visits were timely as, in both countries, the development of food regulatory standards is implemented via an institutional division between risk assessment and risk management activities.

We also hosted a number of international visitors and delegations during the year:

Date Country Department/Agency No of Visitors 23 Jul 2003 Japan Mr ToshihikoTaniguchi, 1 The Agriculture, Forestry & Fisheries Policy Research Institute 2 Oct 2003 Korea Mr Lee Jae-sik et al, Korean 5 National Agricultural Quality Management Service 17 Oct 2003 PR China Mr Li Jianzhong et al, State 5 Administration for Industry & Commerce 30 Oct 2003 PR China Ms Gong Jufang et al, Ministry 5 of Agriculture 8 Nov 2003 Korea Mr Key Chong Park et al 3 (Deputy Minister for Regulation Reform) 13 Nov 2003 PR China Mr Zhengjun Jiang et al, Ministry 4 of Agriculture 1 Dec 2003 PR China Li Jianhai et al, Jiangxi Bureau of 5 Quality and Technical Supervision 2 Dec 2003 Korea Dr Chang Hwan Oh and 2 Dr Won-tek Oh, Food Consultants 9 Feb 2004 Korea Dr Kang, Office of the Prime Minister 1 23 Feb 2004 Korea Professor Kwang-Won Lee, 1 Division of Food Science, University of Korea 19 Apr 2004 PR China Dr Jingjing Zhang et al, Dept of 5 Food Safety, State Food and Drug Administration 30 Apr 2004 Japan Mr Yoshinori Hosaka et al, 3 Marudai Food Co. Labour Union 11 May 2004 PR China Mr Liang Yipu et al, Bureau of 17 Quality & Technical Supervision 1 June 2004 Hong Kong Mr Gregory Leung et al, Food and 5 Environment Hygiene Department

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Regional Projects

FSANZ’s reputation as a leader in the development of food standards has resulted in a significant increase in cooperative opportunities in our region.

We are involved in a range of international activities that support the whole of government approach to providing leadership and active participation in the Asia – Pacific region. By undertaking work of this nature FSANZ is able to promote Australia as a leader in safety and regulation matters relating to food to our neighbours and trading partners. This work is designed to facilitate the harmonisation of food standards across the region.

FSANZ does not receive funding to undertake these international activities. Therefore all projects must be cost recovered. Projects are only initiated when external funding can be secured.

We have taken steps to streamline and rationalise the management and delivery of international training programs. We are developing a 12-month training calendar aimed at delivering much of this training in Australia (previously a majority of training was delivered internationally), preferably in Canberra. This approach means that a fixed training schedule can be developed and promoted and presenters who undertake this activity as one component of their duties have less demand on their time.

Training in Risk Assessment in Support of Food Safety Measures

We received funding from the APEC Support Program and the APEC Trade and Investment Liberalisation Fund to conduct scientific risk assessment training in the Asia-Pacific region. A course on microbiological risk assessment was conducted in Ho Chi Minh City in October 2003. The course attracted 25 participants from 12 countries from the Asia-Pacific region and focussed on providing practical knowledge and skills in risk assessment.

Capacity Building Training in the Safety Assessment of Genetically Modified Food

A training course was held in Bangkok in February 2004 and was developed by FSANZ with funding from AusAID and APEC. We delivered the course to 21 participants representing nine countries within the Asia-Pacific region. The objectives were to provide participants with the skills and knowledge to conduct scientific safety assessments of genetically modified food; facilitate the establishment of a consistent safety assessment system throughout the region; and assist member economies to comply with WTO, TBT and SPS obligations.

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Initial assessment of impact evaluation provided a high level of support for the subject matter and the case studies employed by presenters. Given the success of this course and the feedback received it is likely that this course will be offered again in 2004-05 in Canberra.

Training in Risk Analysis Framework for Food Safety, Food Recall Management and Food Surveillance, Nanjing, China (17-28 May 2004)

This was the first initiative under the framework of the MOU between FSANZ and the Ministry of Science and Technology (MOST), China. The Chinese have expressed a keen interest in working closely with FSANZ to develop training programs around food safety issues. The course focused on the components of the international food regulatory systems and drew on FSANZ’s experience. The objective of the course was to develop an understanding of the principles of scientific risk assessment, risk management and risk communication associated with food and related issues. It was conducted over a two-week period and was attended by 60 Chinese participants. A team of Chinese interpreters interpreted each session concurrently.

The project was funded primarily by AusAID and by the People’s Republic of China.

Brunei

FSANZ staff undertook a scoping study in Brunei to assist officials in that country to develop a more integrated food regulatory system. The initiative for this cooperation came from the Brunei Government, which is keen to develop an internationally recognised standards system that will improve the competitiveness of national industries involved in the food trade. The Brunei Government has already indicated an interest in further collaborative activities with FSANZ to assist and support this development.

AFTA-CER-CEP

The Department of Foreign Affairs and Trade (DFAT) is developing a program of work and collaboration under the Asian Free Trade Area – Closer Economic Relations, Closer Economic Partnership (AFTA-CER-CEP) progressing towards trade liberalisation between ASEAN countries and Australia and New Zealand. Standards harmonisation and capacity building are priorities for this work.

Free Trade Agreements

We have provided technical input and advice on food regulatory matters into negotiations with United States, Singapore, Japan, Taiwan, Thailand and China in support of the Australian Government’s commitment to enhancing bilateral trade in the region.

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Our Stakeholders

The FSANZ Board-Stakeholder Forum in Wellington, New Zealand

Our goal is to strengthen productive working relationships with our external interest groups and government partners.

Our performance is measured by the level of engagement between our stakeholders and ourselves and the level of stakeholder support for our regulatory approaches.

It is also measured by the extent of stakeholder participation in our consultative processes and the number of invitations to consultative forums by our government partners and stakeholders. The level and nature of stakeholder feedback, both formal and informal, is monitored through the industry advice line and information officer.

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Overview

Recent food regulatory reforms have had a significant impact not only on our core business but also on our consultative arrangements and our relationships with key stakeholders. FSANZ has adapted to new consultative structures that seek to achieve a clearer division between policy and standards development.

Since the new regulatory arrangements came into force two years ago our expanded ‘paddock to plate’ responsibilities have required us to develop relationships with new stakeholders both within the Australian and New Zealand governments and in the wider community. One of our greatest challenges has been to manage the changed environment and the changed relationships this entails.

We have responded to the need to provide clearer and more concise communication about the roles of the various participants in the system. We have taken steps to enhance our communication in this regard particularly in the preparation of information material.

As part of our organisational restructure we have also taken steps to enhance the capability within New Zealand.

Openness and transparency is the key to public acceptance of our work. The recent Strategic Review of FSANZ acknowledged that we have a track record of openness and willingness to consult. It is recognised, however, that we have to continually reassess our performance in this area and ensure effective engagement with key stakeholders.

The Strategic Review identified some shortcomings in our engagement with stakeholders. While acknowledging our strengths through our formal consultative mechanisms, the Review recommended that we need to develop mechanisms to understand stakeholder views more thoroughly, to enhance our engagement with jurisdictions and to examine ways to increase face-to-face consultation with groups affected by our standards.

We recognise that if we combine improved and increasingly transparent consultation with consumers and industry with more effective interaction with the jurisdictions, we will be well placed to deliver food standards that are widely accepted and supported. This remains a key objective and challenge for us. Increased opportunities for consultation will, however, impact adversely on our capacity to meet our statutory deadlines for the completion of work. This will need to be a major consideration in any review of our work practices.

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Stakeholder engagement and networks

Industry

The agrifood and food manufacturing industry, whose activities are regulated by FSANZ, are actively involved in our processes. The size and scope of the food industry is significant, with a large number of individual companies and industry associations interested in food regulation matters. Our standards setting responsibility covers all areas of the food industry, including primary production (in Australia), food processing and manufacturing, retailing, and catering.

We maintain close working relationships with industry both on a company-by-company basis and through industry organisations such as the Australian Food and Grocery Council (AFGC) and the Australian Chamber of Commerce and Industry (ACCI). Industry representatives participated on working groups, advisory panels and on our standards development committees (SDCs).

Primary Production and Processing Standards Development Committees

With FSANZ’s new responsibilities to develop food safety standards for the primary production sector of the food industry came the need to establish new consultative forums.

For each of its primary production standards FSANZ establishes an expert advisory committee to provide technical and regulatory advice on a proposed standard. These groups comprise representatives from the various sections of the relevant food sector, as well as government and consumer members. This process has proved invaluable in establishing important relationships with the primary sector and ensures that we are well informed on the practicalities and impacts of the standards as they develop. To date SDCs have been established for the seafood standard and the poultry meat standard.

This mechanism is critical to the success of standards negotiations, but it is not the only stakeholder consultation process for primary production and processing standards. FSANZ also ensures active engagement beyond the SDC membership by meeting with State and Territory-based industry associations and business members during the standard-setting process.

The SDC for seafood has met six times since its establishment in October 2002. It has commented on all aspects of the standard-development process, including, the scientific evaluation, the proposed food safety management options and the draft standard. It has acted as a communication channel to other stakeholders.

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The establishment of the Poultry Meat Standards Development Committee involving government, industry and consumer representatives has proved successful and has contributed significantly to the standard development process.

Other Standard Development Committees

Given the success of the SDC processes, FSANZ has also adopted the practice of establishing consultative groups to assist in the development of a number of its standards. Advisory Committees have been established to assist in the development and implementation of food safety programs (Standard 3.2.1) in the manufactured meat, catering operations and food service to vulnerable population sectors.

Arrangements have also been set in place for various standards development activities including poultry meat, health claims and the review of the novel food standard, as well as seafood.

SDCs are appointed by the FSANZ Board from nominations received either as a result of a call for expressions of interest or from FRSC. SDCs are established to provide advice to FSANZ during the development of standards. Typically, they comprise representatives from industry, government, public health and consumer organisations.

Imported foods

We work with AQIS through the Imported Foods Consultative Committee to liaise with food importers on matters of interest. This group meets twice a year and provides a forum to discuss new government initiatives and risk assessments for imported foods and to hear industry concerns or comments on these activities.

Retailers and Manufacturers Liaison Committee (RML)

The Retailers and Manufacturers Liaison Committee was established by FSANZ to maintain an ongoing dialogue with and between food retailers and manufacturers. It consists of representatives from the AFGC, a range of food manufacturers and importers, food retailers, AQIS, the Australian Government Departments of Health and Ageing and of Agriculture, Fisheries and Forestry. The Committee was set up to improve information sharing on issues of common concern and to develop, evaluate and, as necessary, revise a protocol for use in the event of an industry based food safety emergency.

The Committee convened three times during the year to discuss specific issues such as the release of a dioxins report and the results of a fish labelling survey. The RML enables its members to be forewarned of issues that may impact on their industry. These meetings enhance our relationships with key industry groups and provide a forum for industry groups to gain a better understanding of the food regulatory environment.

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Consumers

Food standards are developed to inform and protect the health of people in Australia and New Zealand. There is a broad range of consumer-based organisations that have demonstrated interest in food standard matters in recent years. Some aim to be representative of consumers and have mechanisms in place to consult with their membership, while others have an advocacy role in the interests of consumers.

A key consumer organisation in Australia is the Australian Consumers’ Association (ACA). ACA publishes ‘Choice’ magazine and has been vocal over a long period of time about key food standards issues such as the regulation of GM foods.

Its equivalent in New Zealand is the Consumers’ Institute, which is the primary consumer- based organisation interested in food standards issues. The Consumers’ Institute also receives funding from the New Zealand Government to bring together consumer-based organisations to discuss and prepare submissions to FSANZ on food standards matters. We seek to work collaboratively with both agencies.

A number of meetings were held during the year to brief the ACA on emerging issues such as dioxins and fish substitution.

The FSANZ Board has previously identified, as a priority, increasing opportunities for consumers to participate in our activities. In addition there have been suggestions from organisations such as the ACA that FSANZ could do more to consult and take account of consumer views. In response, we have attempted to increase the range of standard development work that includes consumer input. The use of Standard Development Advisory Committees is a case in point.

While we support the participation of consumers in the process we have, on occasions, experienced difficulty in attracting representatives with appropriate knowledge and experience. We are looking at ways in which we can encourage greater consumer involvement in our processes. The establishment of a Consumer Liaison Network is one initiative under consideration.

Government partners

FSANZ operates in a regulatory environment built upon a partnership of ten governments and at least two portfolio areas, such as food, health or agriculture, in each jurisdiction.

Effective engagement with the jurisdictions is important to achieving appropriate standards outcomes. We work actively through the various intergovernmental structures, such as the Food Regulation Standing Committee (FRSC), the Implementation Standing Committee (ISC) and the Technical Advisory Group (TAG) to achieve this.

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We also provide technical advice to FRSC and participated in the committee established by FRSC to consider the role, structure and operations of ISC and TAG.

Food Regulation Standing Committee (FRSC)

FRSC comprises heads of Departments, or their delegates, for which the respective members of the Ministerial Council have responsibility, as well as the Australian Local Government Association. The Standing Committee provides advice to the Ministerial Council on the development of policy relating to the regulation of food. FRSC is chaired by the Secretary of the Australian Government Department of Health and Ageing. FSANZ is an observer on FRSC.

Implementation Sub Committee (ISC)

An important component of the food regulatory system in Australia is the Implementation Sub Committee of the Food Regulation Standing Committee, in which FSANZ is an active participant. FSANZ’s participation is important given our statutory responsibility for coordinating food recalls, enforcement, monitoring and surveillance of food in Australia and also because of our interests in developing practical and enforceable food standards.

ISC comprises heads, or their delegates, of the appropriate Australian (Commonwealth and State/Territory) and New Zealand inspection and enforcement agencies. FSANZ has a representative on ISC. Local government is also represented through the Australian Local Government Association.

ISC is responsible for developing implementation policy and oversees the development and implementation of a consistent approach across jurisdictions to enforcing food regulation and standards, regardless of whether food is sourced from domestic producers, export- registered establishments or from imports.

We chair a key ISC Working Group tasked with developing a comprehensive framework for consistent national implementation and enforcement of food regulation in Australia. This umbrella agreement will provide the foundation for the development of specific detailed operational protocols and arrangements.

Technical Advisory Group (TAG)

The Technical Advisory Group (TAG) is a technical advisory group of Senior Food Officers from the jurisdictions and representatives from other portfolios and is chaired by FSANZ. TAG provides technical advice to FSANZ to assist in the development of food standards and assists in the coordination, surveillance and uniform interpretation and enforcement of the Food Standards Code.

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TAG provides a forum for the jurisdictions to share information concerning topical enforcement and compliance issues, interpretation of the Food Standards Code, media communication, surveillance and monitoring activities.

During the year TAG considered a large number of operational issues including:

• an agreed administrative arrangement for liaison and coordination between jurisdictions on food related issues; • nitrofurans in prawns and honey; • noroviruses in oysters; • novel ingredients in Asian formulated drinks; and • an inspection regime for imported foods.

FSANZ has agreed to facilitate a review of the role and functions of TAG in 2004-2005 to ensure its best fit in the revised food regulatory system.

Collaboration with jurisdictions

We have worked closely with the States and Territories on a number of initiatives. Our Chief Executive Officer participates in an informal network of state and territory regulators.

The setting and enforcement of food standards can only occur effectively in partnership with the jurisdictions. Planning and development of the inaugural National Food Safety Conference – Future Directions, scheduled for October 2004, is a collaborative effort between FSANZ and a number of jurisdictions.

We held a joint workshop with SafeFood NSW on recalls, surveillance and decision-making. In April 2004 the New South Wales Food Authority came into existence. We worked closely with them particularly in establishing their advisory service for industry and consumers.

We have also commenced a process with enforcement agencies to consider the development of a nationally consistent implementation strategy. This process is at an early stage and will require substantial consultation with the enforcement agencies before a strategy can be developed.

Food Surveillance Network

FSANZ coordinates the Food Surveillance Network, which facilitates the planning and coordination of the food surveillance and monitoring activities undertaken by government health agencies in Australia and New Zealand. The Network comprises representatives from most State and Territory jurisdictions and the Australian and New Zealand governments and meets regularly.

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New Zealand Food Safety Authority (NZFSA)

The New Zealand Food Safety Authority (NZFSA) came into existence on 1 July 2002, bringing together the food related functions from both the NZ Ministry for Health and the Ministry for Agriculture and Forestry into a single integrated agency. NZFSA administers legislation covering food for sale on the New Zealand domestic market, primary processing of animal products and official assurances related to their export, export of plant products and the controls surrounding registration and use of agricultural compounds and veterinary medicines. NZFSA is New Zealand’s controlling authority for imports and exports of food and food related products.

We work closely with NZFSA to achieve common goals. Regular meetings are held between senior staff of our two organisations and there are regular bilateral information exchanges. Work has commenced to develop a memorandum of understanding to support the cooperative work of our two agencies.

Through the Trans Tasman Mutual Recognition Arrangement and the Food Standards Code, Australia and New Zealand have a close relationship with respect to border inspections of foods imported into either country or between the two. During the year we initiated a pilot project with NZFSA to develop a single risk list for foods imported into the two countries. A work plan has been developed whereby both agencies will incrementally review their risk lists and develop common criteria to establish a common risk list.

The challenge remains for us to develop an effective food regulatory system for Australia and New Zealand while recognising the differences within the countries. We are addressing the need to improve coordination in areas such as surveillance and food emergencies that fall outside the scope of the Treaty. Our expanded New Zealand office will enable us to engage better with our New Zealand stakeholders.

In the development of primary production and processing standards for Australia, we have agreed to work closely with NZFSA to ensure a consistent approach in regulating for food safety at the primary production end of the food chain. To assist in this goal, NZFSA is routinely invited to participate as a full member of the Standard Development Committees for all PPP standards.

Kahui Kounga Kai (Maori Reference Group)

FSANZ has been developing strategies to improve Maori involvement and consultation in food standards development. This process is funded by New Zealand and referenced in the Partnership Agreement with New Zealand. The New Zealand Government’s obligations in this area are based on Treaty of Waitangi principles. FSANZ is required to recognise these obligations when undertaking its work activities.

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A Maori Reference Group (MRG) was formed in 2000 and consists of Maori with expertise in public health, nutrition, food industry, a kaumatua (tribal elder) and staff. The MRG maintains close links with the Board through Ms Hikihiki Pihema and has held a series of Hui (stakeholder meetings).

In 2003, the MRG was renamed the Kahui Kounga Kai. Since August 2003, the Kahui have worked its way through all items on the FSANZ Work Plan and as a result have made an input into several Work Plan items.

The Kahui planned to conduct five Hui around New Zealand between February and March 2004. Due to staffing limitations in the New Zealand office, however, these have been postponed until the latter half of 2004. The Kahui intends to take back to Maori the answers to many questions that arose at the 2003 Hui in addition to several prospective Work Plan issues for discussion.

As part of our commitment to improving our consultation with, and understanding of, Maori issues, we organised three one-day Maori awareness courses for Canberra-based staff.

Department of Health and Ageing (DoHA)

In Australia, the Department of Health and Ageing takes the lead role in food policy development at the Australian Government level.

FSANZ regularly meets with the Population Health Division within the Department of Health and Ageing. This provides an opportunity to interact with this important government partner and discuss mutual areas of interest. This occurs in both formal and informal ways.

We continue to have a strong association with the OzFoodNet network, administered through the Department of Health and Ageing, and which aims to enhance the surveillance and investigation of food-borne illness. We are represented on both the Management Committee and we chair the Scientific Review Panel.

We participated on an inter-departmental committee (IDC), chaired by DoHA, to carry out a review of the BSE policy for implementing the requirements in the standard that was established in 2001. We were also represented on a Technical Working Group of the IDC that reviewed scientific and technical developments that have occurred since the policy was announced.

Department of Agriculture, Fisheries and Forestry (DAFF)

We met regularly with the Australian Department of Agriculture, Fisheries and Forestry (DAFF) on specific issues during the year. Discussions have been held on issues concerning imported food, the management of maximum residue limits and preparation for international meetings such as Codex.

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We have worked closely through an Inter-Agency Committee (IAC) chaired by DAFF and comprising representatives from the Department of Health and Ageing and the Australian Pesticides and Veterinary Medicines Authority to consider future options for the management of the MRL process. Details of the proposed integrated MRL setting system have been provided earlier in this report.

The Australian Government Codex Policy Committee is an important cross-agency forum for developing Australia’s position on key issues under discussion in Codex. We are represented on this important committee in view of our significant contribution to Codex activities.

We are represented on the National Cadmium Management Committee which meets under the auspices of the Primary Industry Standing Committee (PISC). Committee members are drawn from the Australian Government (DAFF as well as ourselves) and senior staff from the departments of primary industry of the States and Territories and also from CSIRO.

Australian Quarantine Inspection Service (AQIS)

We advise AQIS in their role of ensuring that imported foods comply with the Food Standards Code. In accordance with risk assessments undertaken by FSANZ, imported foods are subjected to different levels of inspection by AQIS, with foods on the risk list inspected at the 100% level and food of less risk inspected on a random basis.

During the year we revised a Memorandum of Understanding with AQIS setting out our respective roles in relation to imported food.

We meet with AQIS regularly to discuss issues that arise in relation to imported foods. FSANZ and AQIS have embarked on a joint project to explore options for more effective implementation at the border of outcomes based standards. Given our commitment to non- prescriptive food standards, this matter will be a major challenge for FSANZ to address.

We have been actively involved with AQIS in developing new and revised food inspection arrangements as AQIS moves to implement changes to its legislation. We are revising our recommended inspection profiles to facilitate implementation of more flexible border inspection arrangements.

Department of Foreign Affairs and Trade (DFAT)

Given the international implications of our food standards, FSANZ often consults with DFAT on international trade issues in the development its standards and into import inspection measures. During the year this has included consultation on BSE, frozen oysters imported from Japan and Roquefort cheese.

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We liaise closely with DFAT when developing training initiatives in the Asia-Pacific region and have contributed advice on food related issues during negotiations to develop the Australia- Singapore and Australia-USA free trade agreements. We anticipate increased inter-agency cooperation as agri-food trade initiatives develop further.

Office of the Gene Technology Regulator (OGTR)

We have input into the regulation of gene technology in Australia as one of the prescribed agencies that the Gene Technology Regulator must consult with for applications for research and commercial release of genetically modified organisms (GMO). We have a Memorandum of Understanding with OGTR and we comment on applications sent to OGTR, particularly when the application is for a GMO that may enter the food supply.

We have an ongoing dialogue with OGTR in relation to the scientific assessments on applications and we endeavour to harmonise our assessment approaches as much as possible

We are represented on the OGTR Inter-Departmental Committee that considers issues of common concern regarding GMOs across all the Australian Government agencies and we cooperate to inform the public and stakeholders on GMO issues of common interest by participating at national and international forums on gene technology.

Australian Pesticides and Veterinary Medicines Authority (APVMA)

In Australia, APVMA is responsible for registering agricultural and veterinary chemical products, granting permits for use of chemical products and regulating the sale of agricultural and veterinary chemical products.

After registering the agricultural or veterinary chemical products, based on their scientific evaluations, APVMA makes applications to us to adopt the MRLs into the Code.

We have continued to work closely with APVMA to review the information provided to us and to validate whether the dietary exposure is within agreed safety limits.

During the year FSANZ staff attended a special workshop hosted by the APVMA on science communication and scientific approaches to risk assessment. APVMA’s Chief Executive Officer attended a FSANZ Board meeting to discuss issues of mutual interest.

Therapeutic Goods Administration (TGA)

FSANZ staff participated in the Science Forums facilitated by the Office of Chemical Safety (OCS) within the TGA. FSANZ is a member of a cross-agency core group, which coordinates the activities of the Forums. The Forums focus on facilitating best practice approaches and procedures for assessing and managing chemical health assessments.

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National Health and Medical Research Council (NH&MRC)

FSANZ continued to be actively engaged in work being undertaken by the NH&MRC through its various expert bodies and committees. We contributed to the review of two of the expert committees, the Special Expert Committee on Transmissible Spongiform Encephalopathies (SECTSE) and the Expert Advisory Group on Antimicrobial Resistance (EAGAR). The review considered both the terms of reference and methods of working with recommendations from the review supporting the continuation of both committees but with some refinements to their responsibilities and modus operandi.

We were represented on the panel managing the revision of the NH&MRC Recommended Dietary Intakes. Any changes to reference values adopted by the NHMRC would most likely require food regulations to be updated in relation to the permitted levels of vitamin and mineral fortification in general and some special purpose foods like meal replacements, and for nutrition labelling purposes.

International Life Sciences Institute (ILSI)

We maintained our relationship with the International Life Sciences Institute (ILSI), a non- profit, worldwide foundation that seeks to improve the well-being of the general public through the pursuit of balanced science. We are looking at the possibility of undertaking some joint scientific/technical activities and have also worked with ILSI in developing a workshop on health claims.

We initiated contact with the Gardiner Foundation that has a broad remit to improve the international competitiveness of the Victorian dairy industry through research, education and community development. The Foundation has expressed interest in involving FSANZ in some of its activities.

National Centre of Excellence in Functional Foods

We are working closely with the newly established National Centre of Excellence in Functional Foods. The Centre is a partnership of the Smart Foods Centre at the University of Wollongong, Food Science Australia, CSIRO Health Sciences and Nutrition and the Department of Primary Industries in Victoria. FSANZ and the Centre co-hosted a workshop as part of the consultation process on the development of a health claim standard. The workshop was a first step in the consultations on the ‘high level’ claims to be approved as part of the standard development process.

Australian Food Safety Centre of Excellence

We have also been establishing a relationship with the Australian Food Safety Centre of Excellence, a partnership between the University of Tasmania and Food Science Australia.

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We have been exploring the most effective process for engaging with the Centre, both strategically and on specific projects.

Australian Competition and Consumer Commission (ACCC)

During the year we signed a Memorandum of Understanding with the Australian Competition and Consumer Commission (ACCC) to ensure close cooperation in protecting consumer rights in the area of food. The MOU sets out the respective roles and responsibilities of FSANZ and the ACCC in relation to the enforcement of the Code and the Trade Practices Act as they relate to misleading and deceptive conduct in conjunction with the sale of food.

Public health professionals

Public health professionals provide considerable input to our role of protecting public health and safety through the food supply. Staff actively engage with representatives from this sector and participate in forums such as the Strategic Intergovernmental Nutrition Alliance (SIGNAL), a sub-committee of the National Public Health Partnership, established to coordinate action to improve the nutritional health of Australians.

Other

Our engagement with stakeholders is reflected, in part, by the extent to which we are invited to participate in government and industry workshops, and on committees, panels and working groups. For example in the areas of primary production and food safety we have been involved in groups as diverse as the Meat Industry Committee, the Cooling of Cooked Meat Expert Panel (organised by Meat and Livestock Australia), the Food Microbiology Technical Committee, OzFoodNet and the Egg Risk Profile Workshop. We are also a member of the Communicable Diseases Network of Australia.

We recognise that our stakeholders contribute greatly to our standard setting process, which would suffer without their input. We particularly appreciate the contribution of smaller organisations that often have to spread themselves thinly to address a number of issues at once.

Providing opportunities for stakeholder participation

The effective involvement of stakeholders is a critical component of our standards-setting process. This is reflected in our guiding legislation.

In addition to the legislative requirement for consultation, we provide a number of formal and informal opportunities for stakeholder participation in our consultative processes. We have a formally documented Community Involvement Policy and Protocol and we provide opportunities for stakeholder participation through regular community forums. We have

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encouraged stakeholder participation in the standard-development process through the work of Standard Development Committees and, on occasions, through the establishment of other advisory committees.

Consultation policy

We follow the procedures set out in the FSANZ Act when we develop or vary standards in the Code. While the FSANZ Act makes a distinction between Applications made to us and Proposals that we initiate, the public consultation procedures for both types of variation are similar. These procedures seek to ensure full and open public consultation and opportunity for comment at each stage of assessing a proposed change to the Code.

Public Register

Information relating to our assessment reports, submissions and other information relating to an Application or Proposal to vary the Code is placed on our Public Register files, unless we have agreed with a request from an applicant or submitter that specific information be treated in confidence. Confidential material is defined in the FSANZ Act. Public Register files can be inspected at our Canberra or Wellington offices for a nominal charge. Increasingly, FSANZ has been moving towards making this information available on its website.

In the past year, 30 formal requests to examine public register files were made, dealing with 22 Applications and Proposals and one other related file which was not an Application or a Proposal. The requests were made by: industry (2); educational institutions (9); consultants (18); and the media (1).

Community Involvement Policy & Protocol

We have a Community Involvement Policy & Protocol that provides guidance to both the community and to our staff on how we will meet the legislative requirements and how we will consult effectively on food standards matters. The document is widely used by staff as a reference tool in scoping new work and has proved to be a valuable and effective tool for staff and external stakeholders. We are in the process of reviewing this protocol in response to the recommendations of the Strategic Review.

Stakeholder participation in our consultative processes.

By its very nature, the food regulatory framework for food safety in Australia is a collaborative system involving close working relationships between agencies at all levels of government, consumer organisations and food businesses – primary producers, manufacturers, retailers and food outlet operators. To ensure that stakeholders are involved in the development of food safety standards at the earliest opportunity, and on an ongoing basis, we have established a number of external advisory groups.

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Other advisory groups

An external advisory group was set up in May 2004 to assist FSANZ prepare interpretive guides for Standard 3.2.1 and for the proposed seafood PPP standard. This group, comprising mainly enforcement officers from jurisdictions, is working closely with the authors of the guides as they prepare a clause-by-clause interpretation of each standard.

The Dairy Reference Group continued to provide FSANZ with advice during the year on raw milk cheeses and the dairy industry generally. Its industry members have been very supportive of the commencement of a national dairy PPP standard.

The FSANZ Board established the National Expert Advisory Panel on Uncooked Comminuted Fermented Meat (UCFM) Safety and agreed to host the Panel for a period of 12 months, after which the Panel’s operation will be reviewed by the Meat Standards Committee. The primary role of the UCFM advisory panel is to assist the implementation of food safety programs mandated for the UCFM sector. Two working groups chaired by independent experts have been formed, one to develop nationally-consistent competency criteria for skills and knowledge and the other will be developing a nationally-consistent protocol for assessing HACCP-based food safety programs.

The Stakeholder Advisory Group on Evaluation has been very supportive of the development and implementation of an evaluation strategy to assess the impact of key regulatory changes on stakeholder groups.

The Primary Production & Processing (PPP) Standards

Industry support for the development of Primary Production and Processing (PPP) Standards has been strong and immediate. Primary sectors have welcomed the PPP standards as the means by which food safety management systems can be introduced throughout their sectors. While many primary production businesses have introduced food safety schemes, this process will bring smaller and possibly less aware operators up to a satisfactory baseline standard for food safety.

The successful continuation of the Seafood Standards Development Committee (SDC) into its second year and the establishment of the SDC for poultry meat have demonstrated industry’s acceptance of, and wish to participate in, our standards-setting processes.

The Australian Consumers’ Association (ACA) has also been an active member of these two SDCs and has made a valuable contribution to discussions of consumer perceptions of risk.

We accepted invitations from State and Territory agencies to participate in industry forums to explain the purpose and content of the seafood PPP standard. We continued to participate in the work of the New South Wales Food Authority and Safe Food Queensland

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on state-based regulations for the egg industry and provided input to a risk-profiling study of the industry, funded by the Australian Egg Corporation and conducted by the South Australian Research and Development Institute (SARDI).

We held discussions with the AQIS about how the new PPP standards will be enforced at the border. We also continued to work closely with DAFF and with FRSC’s Primary Production Working Group on policy matters relating to the PPP standards. FSANZ continued its valuable contributions to the Codex Committee on Food Hygiene.

FSANZ participated in the National Audit Competency Steering Committee, which is working towards an agreed set of national food safety auditor competencies. We also participated in the deliberations of the FRSC’s Working Group on Food Safety Management Options on the development of national policy on food safety management options, based on risk.

The level of engagement between our stakeholders and ourselves.

To ensure that stakeholders in the food safety (including PPP) standards received timely information from us, and that we obtained essential input to our decision-making processes, we prepared communication strategies for each standard being assessed.

We have sought to identify individuals and organisations with an interest in major steps of the standard-development process. Potential stakeholders were contacted and informed about the progress of a standard through electronic bulletins, the FSANZ website, newsletters, media releases, meetings, seminars and other means.

The two formal rounds of public consultation, comprising part of the FSANZ standard- development process, gave stakeholders an opportunity to challenge our assumptions and conclusions, provide additional information and express their attitudes to a particular issue. However, we also encouraged stakeholders to contact us at any time during the process, through a dedicated food safety email address, if they required information or wanted to lodge an opinion. These informal comments were assessed by internal project teams and forwarded to the advisory groups, such as the SDCs.

This process of continuous engagement with stakeholders has proved especially useful in the development of the PPP standards. We have experienced a significant level of understanding within the industries concerned and an appreciation by the public, through the media, that Australian governments are working hard to maintain the safety of the food supply.

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The level of stakeholder support for our regulatory approaches

The development of the revised FSANZ Advice on Mercury in Fish provided an excellent opportunity for strengthening our relationship with the fishing industry sector, and building on relationships already developed through the seafood standard. We took a collaborative approach to the development of the advice. This was considered important in order to foster support for the risk management approach being developed and was critical to the overall success of the project. There was unanimous agreement by all stakeholder groups (state health departments, fishing industry, consumer and public health representatives) on the final form of the advice released to the public.

After an extensive consultation process with key stakeholders including representatives from industry, academia, health professionals, and State and Territory health authorities, we revised and re-released a pamphlet on Listeria and Food aimed at raising community awareness among at-risk groups, their families and health care providers about foodborne Listeria and the serious consequences of infection. The revised pamphlet reflects current scientific data as well as internationally adopted risk management strategies.

The extensive community consultation and involvement in the process ensured a very high level of stakeholder support for our approach and greatly assisted the distribution of material.

Community forums

Food standards cannot be developed in isolation and, while they are based on sound science and protect public health and safety standards, they must also meet community needs, allow industry innovation and be enforceable. During the year we held a number of community forums in conjunction with our Board meetings that allowed us to canvass views on our work on food standards issues as well as to listen to the needs of the community as major contributors to the standards setting process.

This year we held two community forums, one in Wellington and one in Brisbane. A wide variety of participants were invited to attend, including representatives from industry, academia, public health professionals, government and consumer groups. The wide range of participants allows for a useful interactive approach and provides valuable community input to our work. While no formal evaluation has been conducted, anecdotal feedback suggests that stakeholders value the opportunity to interact with Board members and senior staff and hear of FSANZ’s approach to current issues.

Community forums are an integral part of our consultative process. A review and audit of our consultation activities was undertaken in 2003 and we are currently exploring ways of broadening community input to the process during 2004-2005. Implementation of new

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initiatives was delayed to allow the recommendations of the Strategic Review to be considered and factored in to our consideration.

Information to enquirers

FSANZ continued to devote considerable time to help stakeholders interpret and adjust to the Code. The Industry Advice Line, initially established to support small business to comply with the new Code, provides a broader service to all sections of the community providing advice on a wide range of issues. The level of enquiries rose significantly during the year. What commenced as a temporary measure has, at the request of industry and the jurisdictions, now become an integral part of our information service. We handle 50 to 70 industry enquiries and approximately 50 consumer enquiries a day.

In addition to the service provided by the Advice Line and our information officers, FSANZ staff provided specific, more in-depth advice to consumers, industry, government and community representatives on a regular basis.

Communication

FSANZ’s communication strategy was updated to reflect the priorities identified in our 2003- 2006 Corporate Plan and the recommendations of the external Strategic Review. Our Strategic Review identified the need for clearer and more concise information about FSANZ’s role in the new regulatory environment, the need to train and support scientific staff in risk communication and to more effectively communicate our findings on non- scientific issues to our stakeholders.

A Communication Section has been established that combines the functions of the former Public Affairs program and the Advice Line, creating a ‘one stop shop’ for information and advice. The revised FSANZ structure ensures that risk communication, together with risk assessment and risk management, are core functions within FSANZ. It has been recognised that risk communication is the responsibility of everyone within the organisation, with the Communication Section playing a leadership role on communication issues by adding value and providing effective communication tools.

Market research carried out by Biotechnology Australia indicated that our communication processes are achieving results, with an increase from the 3% unprompted public recognition rate of ANZFA in 1999 to a 67% public recognition of FSANZ and an 80% trust rate in FSANZ in a survey held in late 2003. Our communication tools also increased their reach, with 10,000 subscribers to the electronic Food Standards News (up from 3000 in 2003), 5115 to the email update service (up from 4000 in 2003), and 3500 visits on the website daily (up from 1200 in 2003). As mentioned previously, enquiries are handled on a daily basis by the Advice Line and by our Information Officers.

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Jurisdictions have also taken an increased interest in communication issues. At the last Implementation Sub Committee meeting it was decided that we should coordinate regular meetings of communicators and risk communicators from the jurisdictions to enable them to share information. The first teleconference will be held early in the new financial year with a face-to-face meeting following the Food Safety Conference in October 2004.

Communication Priorities

• Position FSANZ as a scientific organisation whose role, with its partners, is to protect public health and safety. • Ensure that stakeholders and the public in general are informed of the standard setting process in simple terms. • Communicate urgent public health and safety issues to consumers. • Manage the public’s perceived, as well as real, risk. • Develop FSANZ’s approach to risk communication. • Focus on our communication needs in New Zealand. • Improve our internal communication. • Provide advice to industry and other stakeholders on standards matters. • Work with the states and territories and New Zealand to undertake food education.

Websites

Our website is a key communication tool. It is continuously upgraded and expanded to provide information on our processes and procedures, fact sheets on emerging food issues and information on applications and proposals before FSANZ. The Code, User Guides and the Nutrition Panel Calculator also attract many visitors.

Media Relations

We issued 29 media releases and technical updates during the year and answered in excess of 900 media enquiries. The major issues included genetically modified food, food labelling, nitrofurans in imported honey and prawns, health claims, seafood standard, food poisoning, chloropropanols, semicarbazide, acrylamide, fish mislabelling, novel foods, packaging of bottled water, BSE or mad cow disease, dioxin levels in farmed fish, avian influenza, Paterson’s Curse / Salvaton Jane honey, alcohol flavoured biscuits, GM wheat, nicotine in food, raw milk cheeses, iodine in food, allergen labelling of beer and wine, percentage labelling, mercury in fish, yellow food dyes, fortification with vitamins and minerals, olive oil, and A1/A2 milk.

Electronic Updates

We issued 37 Electronic Updates during the year and distributed them through our electronic service to stakeholders, including to the media. The Updates provide information

ANNUAL REPORT 2003-2004 STAKEHOLDERS 79

about rounds of public comment on food standards issues, factsheets, media releases and food emergencies.

Our Partners and stakeholders

Australian Commonwealth, State & Territory and New Zealand Governments

FSANZ participates in developing international food standards and policie

Applicants and Community and submittors Industry FSANZ receives FSANZ consults and applications or FSANZ encourages involvement submissions or in the food comments on proposed management changes to food framework. standards from anyone.

International agencies and organisations

FSANZ participates in developing international food standards and policies.

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Our People

Nominees for the 2003 Staff Achievement Awards

Our goal is to foster an encouraging and rewarding working environment and to enhance organisational capability and capacity.

Our performance in achieving Our People goals is measured by monitoring the extent to which strategic human resource management plans and policies facilitate the achievement of our corporate objectives and through the number and nature of professional development opportunities given to staff as identified in staff professional development plans. We will also monitor our performance through the nature of comments from staff surveys.

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Overview

Like most other departments and agencies within the Australian Public Service, FSANZ is changing. While the total number of employees has been relatively static over the last two years, the composition of our workforce is evolving in line with demographic changes across the public sector.

We recognise that we need to develop strategies to address the demand for new skills and work patterns in an ageing workforce and tailor our work practices, conditions of employment and training and professional development programs to meet those challenges.

FSANZ is specifically resourced to provide scientific expertise across the broad range of food sciences. Most of our staff are scientifically and technically qualified. Our contribution to food regulation relies on our considerable technical expertise. It is our comparative advantage.

We recognise that FSANZ’s relatively small staff size and its broad range of statutory functions means that we are unlikely to be able to maintain in-house expertise in all fields of science; and nor should we try. Given the food industry’s capacity for innovation in the area of food components, food processing and food packaging, there is likely to be movement over time in the specific types of expertise required to undertake scientific risk assessment.

In developing our workforce planning strategy we are looking at ways in which the issues raised in the Strategic Review can be addressed.

Attraction, development and retention of an appropriately skilled workforce

Staff numbers and profile

In 2003 the Australian Government’s Management Advisory Committee (MAC) reported on organisational renewal and the challenge of building organisational capability within the Australian Public Service (APS). The report referred to the substantial change in size and composition that the APS has undergone. It noted that wider demographic trends, notably the ageing of the population and labour force, will impinge significantly on the APS as both an employer and a service provider.

FSANZ comprises some 132 employees (112 ongoing and 20 non-ongoing); 125 work in Canberra and 6 in Wellington as at 30 June 2004. One member of staff is outposted to Tasmania.

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Table 1: Distribution of APS employees by level and gender, 30 June 2004

Classification FEMALE MALE Total F/T P/T F/T P/T F/T P/T PEO 1 1 0 SEB2 1 1 0 SEB1 2 3 5 0 Exec 2 13 1 15 28 1 Exec 1 16 10 13 29 10 APS6 15 2 6 21 2 APS5 6 2 5 11 2 APS4 72 72 APS3 4 4 1 45 APS2 1 2 1 2

Total 65 23 43 1 108 24 Authority total:132

Notes: Included in the above figures are 10 employees on long-term leave or undertaking non-ongoing movement to another agency and 21 non-ongoing employees.

Staffing numbers have remained remarkably stable over the last five years, as shown in Table 2 below:

Table 2:

150 Male

120 Female Total

90

60

30

0 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004

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The APS workforce is ageing. The Management Advisory Committee report on Organisational Renewal noted that in 2003 the APS workforce is, on average, some four years older than a decade ago. The median age was 41 years ( 43 for males and 39 for females). The median age for both our male and female staff is between 40 and 44.

Table 3: Employee profile by age and gender, 30 June 2004

Age Female Male Total Under 20 0 0 0 20-24 1 0 1 25-29 9 3 12 30-34 17 5 22 35-39 16 5 21 40-44 12 11 23 45-49 19 3 22 50-54 10 10 7 55-59 2 5 7 60 + 2 24

Total 88 44 132

Ongoing Non-ongoing Female Male Female Male 74 38 14 6

Academic qualifications

As a professional, science-based agency, FSANZ comprises a highly qualified workforce. About 83% of our staff hold academic qualifications in a range of science and non-science disciplines. Our scientific competencies include staff with qualifications in agriculture, biology, chemistry, environmental health, food technology, genetics, medical science, microbiology, molecular biology, nutrition, physiology, toxicology and virology.

Non-science disciplines are well represented with staff with qualifications in accountancy, business, communication, economics, law, public policy, social sciences, and finance.

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Table 4: No. of employees by highest qualification

PhD Masters Other Post Bachelor Other Total Graduate Degree 20 (15%) 16 (12%) 2 (2%) 57 (43%) 14 (11%) 109 (83%)

A significant proportion of FSANZ staff (29%) hold post-graduate qualifications.

Some 73% of all staff have a Bachelor degree or higher qualification, while 75% of staff with Bachelor degrees or higher are held in science; 11% are held in social sciences and public policy; 5% in law and 9% in other disciplines.

Graduate recruitment

The APS has identified the recruitment of graduates (through graduate programs and lateral engagements above base grade levels) as an increasingly important element in agencies’ renewal and capability strategies.

When circumstances have permitted, FSANZ has participated in the graduate placement program and recruited graduates under the G(APS) scheme. Graduate placements are an important feeder group for FSANZ, providing us with access to skilled staff. Due to financial constraints / budget priorities FSANZ was not in a position during the year to take on a graduate placement.

Workforce planning

Our contribution to food regulation is underpinned by our considerable scientific and technical expertise. We recognise the importance of FSANZ maintaining its highly regarded technical and scientific skills and recognised that the recruitment, retention and training of highly competent and outward looking scientific staff will be critical to future operations. We are developing internal systems that allow us to monitor existing and future needs for scientific competencies and adjust our skills base, as necessary, over time.

We also recognise the need to engage in more strategic systematic workforce planning if we are to effectively meet the challenges of the changing environment in which we have to operate. In particular we need to identify our current and future capability requirements and implement an integrated human resource management strategy to ensure the required capabilities are met. It is particularly important that our workforce planning aligns the organisational skills base with our priorities and strategic objectives.

Future capability requirements have been identified by FSANZ. As a result, a strategy was developed and adopted to expand the Wellington office by transferring responsibility for the labelling and information standards function to this office over a period of years. Also

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considered necessary in the longer term for the Wellington office were staff skilled in communication and law. Other functions which will be considered over time may involve some standard-setting expertise and monitoring, evaluation and surveillance.

Table 5: Employee commencements and cessations 2003-04

Male Female Total Commencements 4 20 24 Cessations 4 27 31

Table 6: Representation of EEO Groups by salary classification

APS Exec Exec SES Totals Level 1-6 Level 1 Level 2 Aboriginal & 0 0 0 0 0 Torres Strait Islander People

People of 13105 non-English speaking background (1)

People of 2 1 0 0 3 non-English speaking background (2)

People with 1 0 0 0 1 a disability

Men 8 8 10 1 27 Women 26 17 8 2 53 Total Employees 34 25 18 3 80

(1) includes people born overseas whose first language was not English and who came to Australia after the age of five years. (2) includes people born overseas who came to Australia before the age of five years and whose first language was not English, or people born in Australia with one or both parents born overseas and whose first language was not English. Figures do not include data on employees on loan from other agencies. Of total employees, 54.8% have EEO records.

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Mature Aged Workers

About 40% of FSANZ staff are in the category of mature-aged workers (45 and over). Consistent with its ageing profile, the APS is increasingly reliant on mature-aged workers. Mature-aged workers have extensive experience, both within and external to the APS. The extent to which the retention of mature-aged workers is of significance to FSANZ will be addressed in the HR Strategy being developed.

Development of skills and systems to complement organisational capacity

Performance management

We evaluate staff performance and development twice-yearly (mid-year and end-of-year) through the FSANZ performance management model – the Performance Enhancement Scheme (PES). All staff in the Authority use the PES. Its importance is recognised in the Certified Agreement and specific policies govern its operation. The scheme was reviewed early in the year and some modifications made to ensure consistency of the rating system, ease of drafting to make it more relevant and embrace the APS and FSANZ values and Code of Conduct.

A number of senior staff have negotiated individual Australian Workplace Agreements (AWA) and are eligible for bonus payments depending on performance levels.

Details of the performance measurement tools and the significance of performance in our integrated planning framework are reported in more detail in the section on Our Accountability.

Learning and development

Learning and development opportunities are an integral component of our Performance Enhancement Scheme. This process assists staff and managers to identify and deliver key training and development needs for all staff. In light of the findings of the Strategic Review, and changing workforce needs identified by the Australian Public Service, we may need to review our approach to learning and development to ensure a greater focus on key requirements.

As reported last year, all staff (apart from new appointees) had completed the Leadership Development Program (LDP). The course aimed to enhance our leadership skills and provide staff with a range of new tools to foster more effective teamwork and cross-agency learning. A review of the program was conducted during the year and the findings will be incorporated into our Workforce Planning Strategy currently under development.

A number of staff are also approved as students under the provisions of our Studybank policy.

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Organisational arrangements

A review of our organisational arrangements, with a view to improving the organisation’s capacity to deliver, was a key objective during the year. As reported elsewhere (refer page 92) a new organisational structure has been implemented to ensure a better alignment with, and responsiveness to, the new food regulatory environment.

Encouragement of a rewarding work environment

Agreement making

The APS environment has, in recent years, provided a more flexible employment framework in which agencies can structure their workforce strategies. Certified Agreements and Australian Workplace Agreements made under the Workplace Relations Act 1996 enable workforce strategies to be tailored to develop capabilities and to address particular attraction and retention issues.

The Certified Agreement

FSANZ’s 2003-2004 Certified Agreement came into force in August 2002 and had a nominal expiry date of 30 June 2004. The Agreement covers all staff other than Senior Executive Service and some senior management staff.

The current s170 LJ Agreement provided for pay increases of 3.9% in the first year and 4.65% in the second year and provided a range of employment flexibilities around leave, part-time work, and home-based work and other family friendly policies.

Negotiations over a new three-year Certified Agreement commenced during the first quarter of 2004 with the establishment of a CA negotiating committee comprising staff, management and union representatives. In line with the wishes of staff, the unions were involved in all negotiations on the Agreement.

Australian Workplace Agreements

Australian Workplace Agreements (AWAs) have been offered to all senior staff at the EL2 level (or equivalent) and above. Currently 26 staff (20% of total) operate under AWAs.

Staff surveys

During the year, FSANZ underwent a major restructure and received feedback through a number of sources that revealed some issues of concern to staff and managers that could be impacting on the performance of the organisation.

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Information collected in 2003 by the Australian National Audit Office (ANAO) as part of an analysis of FSANZ’s performance enhancement scheme (PES) raised a number of issues and identified some differences benchmarked against APS ratings.

A staff survey, conducted in late 2003 in the context of the development of the agency’s Certified Agreement, attracted a range of anecdotal comments on a number of internal issues.

In response, we contracted an external consultant in May 2004 to survey a cross section of staff, senior managers, executive members and stakeholders to develop a range of targeted strategies and interventions to address issues raised in the surveys. The consultant’s report outlined staff perceptions and contained a series of recommendations designed to improve organisational effectiveness and commitment to our objectives.

The report was finalised and released to all staff for comment in mid July and will be actioned as a matter of priority. Outcomes will be reported in FSANZ’s 2004-2005 Annual Report.

Staff Consultative Committee

FSANZ has had a Staff Consultative Committee in place since August 2002 with representatives from each Section and including union representation. It is chaired by our Chief Executive Officer. The committee deals with issues of concern to staff.

During the year the Staff Consultative Committee was primarily involved with the external Strategic Review of the agency, although it also provided a mechanism for discussion on a range of issues through the year.

Occupational Health & Safety

FSANZ has an active OH&S Committee that meets quarterly. It is chaired by the Manager, Corporate and includes staff representatives, the unions and an appointed OH&S representative. All committee members have been appropriately trained.

Our strategy is not to await meetings of the OH&S Committee before dealing with a potential issue but rather be proactive and solve the identified risk at the time of its notification. The main areas targeted through the year have been lighting, emergency drills (conducted biannually), air conditioning and issues to do with loose electrical cords. Replacement of faulty appliances has been a priority together with the testing of microwaves for leakage.

Only one Comcare claim was lodged in 2003-2004.

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Commonwealth Disability Strategy

As a regulatory agency we are very aware of our interaction with individuals and groups. We are committed to protecting, in collaboration with others, the health and safety of people in Australia and New Zealand through the maintenance of a safe food supply.

To ensure equity, we have established a consultative framework to communicate effectively with any individual or stakeholder group that wishes to provide input for their particular situation or view. We have specifically established a Maori Reference Group and are now in the process of doing the same for indigenous Australians. Accessibility and open consultation is a major issue for consideration by FSANZ when it performs any of its functions.

In providing access to the public and to stakeholder groups we endeavour to include people with disabilities. As an example, redevelopment of the FSANZ website has ensured compliance with HREOC and W3C accessibility standards.

Assistance measures for staff

In keeping with our objective of providing a rewarding working environment we provide a number of assistance measures to staff. These are as diverse as support for eyesight testing and OH&S workplace assessments to problem resolution procedures and an Employee Assistance Program (EAP).

Flexible working patterns

As a ‘family friendly’ organisation, we have endeavoured to be responsive to employee needs and circumstances through the provision of flexible working arrangements. Staff may make part-time work arrangements, extend maternity leave on half pay and access the 48/52 provisions that allows for additional unpaid leave while averaging salary payments over the year.

We have a high proportion of part-time staff and the importance of work/life balance is recognised through our support for flexible working arrangements.

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Our Accountability

Our goals are to ensure clear public understanding of our roles and priorities, to strengthen and enhance our corporate governance arrangements, and to ensure that we have a clear understanding of our responsibilities and accountabilities in delivering our statutory obligations.

Our performance in achieving Our Accountability goals is measured by the level of cooperation between us and our jurisdictional partners and the response of our stakeholders to our Strategic Review.

Our performance is also measured by the level of compliance with external reporting requirements (including departmental financial reporting), the extent to which our management reporting and planning processes track progress against agency priorities, and the effectiveness of our strategic issues management.

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Overview

At the beginning of the year we reviewed and updated our Corporate Plan (for the period 2003-2006) to align our goals more accurately with the changed food regulatory environment. We remain committed to protecting and informing consumers through the development of effective food standards in a way that helps stimulate and support growth and innovation in the food industry. The Corporate Plan highlights the four key areas that we plan to demonstrate our results, lists the strategies that we think will get us there, and indicates how we plan to measure our progress. This report has been structured to focus on those four key result areas.

During the year we enhanced our management capabilities and improved our accountability. We have undergone significant change in recent years as we come to terms with the new food regulatory environment and the needs and expectations of an increasing number of stakeholders.

We took steps during the year to better align our structure, roles and responsibilities to the new food regulatory environment. Steps have been taken, and will continue to be taken, to clarify and communicate the roles of our organisation to our partners and stakeholders.

FSANZ has a comprehensive system of corporate governance arrangements in place. As a prerequisite to strengthening and enhancing these arrangements, we commissioned an internal audit to assess our current corporate governance practices against legislative requirements and better practice. This included the Australian National Audit Office (ANAO) Corporate Governance in Commonwealth Authorities and Companies Better Practice Guide. The audit concluded that the corporate governance processes and framework that we are implementing are efficient, effective and aligned with the significant better practice documentation on the subject. We continue to monitor national and international developments in corporate governance and endeavour, where practicable, to meet community expectations in this regard. Staff members continue to avail themselves of training and professional development opportunities in corporate governance matters.

We have strengthened our fraud control arrangements.

One of our major challenges is to improve our internal management information systems in order to provide the Executive and managers with appropriate information to manage more effectively what is an increasingly complicated and rapidly changing environment. We are developing systems that allow us to provide a level of financial analysis that is more useful and informative to internal management and external stakeholders.

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Ensure clear public understanding of our roles and priorities

We seek to do this by aligning our structure, roles and responsibilities with the new regulatory system and by clarifying and communicating the roles of our organisation as they relate to other agencies in New Zealand and the States and Territories.

Our performance in this regard is measured by the level of cooperation between ourselves and our jurisdictional partners and the response of our stakeholders to our Strategic Review.

The establishment of Food Standards Australia New Zealand (FSANZ)

Food Standards Australia New Zealand is an Australian Government Statutory Authority established under section 6 of the FSANZ Act effective from 1 July 2002.

Membership of the Board changed from that of the former Australia New Zealand Food Authority (ANZFA), as did the way FSANZ develops standards. These changes were part of a broader package of reforms to the food regulatory system in Australia as a result of a COAG decision in November 2000 following consideration of the Food Regulation Review (Blair Report) that was presented to Government in August 1998.

New structures for the regulatory partnership

Under the changes introduced in 2002, the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) decides on policy guidelines based on advice from the Food Regulation Standing Committee, comprising senior government officials from New Zealand and the Australian, State and Territory governments.

FSANZ must have regard to the Ministerial Policy Guidelines when it develops or reviews food standards. We also provide technical advice during the development of the policy guidelines.

These arrangements gave the agency – FSANZ – the responsibility for developing food standards for the whole food chain.

FSANZ has responsibility for approving and varying standards, which it then notifies to the Ministerial Council. The Ministerial Council may then seek a review of any standard notified to it by FSANZ.

New organisation structure

The FSANZ Board commissioned an independent, external review in 2003 to identify what changes (if any) were necessary to enable FSANZ to best fulfil its role in the new food

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regulatory environment. The Review identified the need for some changes to FSANZ’s structure and to some of its operational arrangements.

In response to the recommendations of the Review, and as noted earlier, FSANZ was restructured in late 2003. A key feature of the restructure is the separation of the scientific risk assessment and risk management functions. We have reorganised ourselves into four Branches, with a Food Standards Branch in both Canberra and Wellington largely responsible for risk management in relation to the standards in Chapters 1 and 2 of the Code. The New Zealand office has an expanded role with increased responsibility for labelling standards.

FSANZ’s science function has been strengthened with the establishment of a Scientific Risk Assessment & Evaluation Branch, with responsibility for scientific risk assessment. The new arrangements provide for an enhanced role for the Chief Scientist and increased line management responsibility for science functions within the organisation.

The Food Safety & Services Branch manages FSANZ’s new responsibilities for the development of standards for the primary sector and food safety standards. The Branch also has responsibility for our corporate, finance and secretariat functions and also coordinates compliance implementation of food standards with AQIS and the States and Territories.

The Chief Executive Officer is the head of the organisation and works closely with the other members of the Executive who are the Chief Scientist (Scientific Risk Assessment & Evaluation Branch), the General Manager (Food Standards-Canberra Branch), the General Manager (Food Standards-Wellington Branch), and the General Manager (Food Safety Services Branch).

In the first half of 2003-2004, there were eight programs, each headed by a Manager who reported directly to one of the General Managers. A flatter organisational structure was introduced in response to the findings of the Strategic Review with fifteen sections replacing the former programs. Section managers continue to report directly to one of the General Managers. The new sections are:

• Product Safety Standards • Public Health Nutrition Standards • Labelling and Information Standards • Office of Legal Counsel • Economic, Social Analysis & International • Communication • Strategic Science Unit • Risk Assessment - Chemical Safety

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• Risk Assessment – Microbiology • Risk Assessment – Public Health Nutrition • Modelling, Evaluation & Surveillance • Primary Production & Food Safety • Post Market Operations • Corporate • Finance & Secretariat

Partnership with States and Territories

Under a 1991 Inter-Governmental Agreement (IGA) between all Australian governments, the States and Territories adopt, without variation, food standards recommended by the National Food Authority (now FSANZ) and which a Ministerial Council representing all jurisdictions, including the Australian Government, has approved. The purpose of the 1991 agreement was to consolidate responsibility for developing food standards in one specialist agency and to ensure the uniformity of food standards across all States and Territories, which continue to have primary responsibility for enforcing food laws.

In 3 November 2000, COAG signed an Inter-Governmental Agreement for a new food regulatory system. The Australian Government and the States and Territories are signatories to the Agreement. The new arrangements required a renegotiation of the Treaty with New Zealand prior to full implementation.

The Australian Parliament passed an amendment Act setting up these new arrangements. The Act came into force on 1 July 2002, following the finalisation of the amendments.

Partnership with New Zealand

On 1 July 1996, an Agreement to establish one joint food standards system between Australia and New Zealand came into force. The joint arrangement aims to harmonise food standards between the two countries, reduce compliance costs for industry and help remove regulatory barriers to trade in food.

The Agreement does not cover maximum residue limits, food hygiene provisions and export requirements relating to third country trade. It also contains provisions that allow New Zealand to opt out of a joint standard for exceptional reasons relating to health, safety, environmental concerns or cultural issues. In such cases, FSANZ may be asked to prepare a variation to a standard to apply only in New Zealand.

The Agreement between Australia and New Zealand to develop joint food standards requires that FSANZ and the New Zealand Minister of Health conclude a funding and performance agreement annually. This agreement details the services FSANZ is to provide

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and includes quarterly performance reporting, details of New Zealand’s contribution and the payment schedule.

Advisory Groups and Committees

FSANZ works closely with the key bodies established under the intergovernmental Food Regulation Agreement. Details of our involvement are reported in more detail in the section of the report under ‘Our Stakeholders’.

Stakeholder response to the Strategic Review

The Strategic Review conducted in 2003 was undertaken in close collaboration with key stakeholders in Australia and New Zealand. The Board adopted the report and recommendations of the review in late 2003.

An internal implementation team was established to work on the implementation of the recommendations. Regular staff briefings and information bulletins kept staff informed of developments and allowed for staff feedback.

Information regarding the review was posted on our website and regular updates on progress provided to the Board, our government partners and external stakeholders.

Service Charter

FSANZ’s Service Charter sets out our roles and responsibilities and those of other food agencies and industry bodies. The Service Charter also provides details on the nature of services we provide, our statutory obligations with regard to food standards setting and our commitment to perform our functions in an open and transparent manner. The Charter is also a way of assisting people to participate in the food standards system.

Information on our Service Charter and complaints handling mechanism may be found on our website. No formal complaints were referred for action through our official processes during the year.

Strengthen and enhance our corporate governance arrangements

We seek to do this by reviewing and amending or supplementing, as necessary, our corporate governance policies and practices.

Our performance is measured by the level of compliance with external reporting requirements (including departmental financial reporting), the extent to which our management reporting and planning processes track progress against agency priorities, and the effectiveness of our strategic issues management.

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Our Accountabilities

FSANZ is a statutory authority. It is accountable to the Australian people through the Australian Government.

FSANZ became subject to the Commonwealth Authorities and Companies (CAC) Act 1997 which provided specific levels of accountability as well as a new planning and reporting framework.

Board of Directors

FSANZ has a 12 member Board appointed by the Australian Government Minister for Health and Ageing. New Zealand Board Members are nominated by the New Zealand Minister of Health and Food Safety. Members of the Board have been drawn from specialist areas – public health, food science, human nutrition, consumer affairs, food allergy, medical science, microbiology, food safety, biotechnology, veterinary science, primary food production, the food industry, food processing or retailing, small business, international trade, food regulation, consumer rights and consumer affairs policy, the National Health and Medical Research Council (NHMRC) and government. All members are part-time except the Chief Executive Officer. (Refer Appendix 10 for a list of Board members, their qualifications and their attendance at Board meetings).

The Chairman and Board members were appointed on 1 July 2002. Directors are appointed for varying terms. Professor Ray Winger’s term as a director concluded during the year and he was replaced by Dr Laurence Eyres.

The Board meets at least five times a year and also convenes through teleconferences to discuss urgent issues. Outcomes of FSANZ Board meetings are published regularly on the FSANZ website.

The Board is supported administratively by the FSANZ Secretariat. During the year this included 5 meetings, 3 teleconferences, and 2 community forums.

FSANZ has well-established procedures in place to ensure that conflicts of interest issues are addressed prior to Board consideration of any issue. A register of interests is maintained and is available for public scrutiny on our website.

Finance, Audit and Risk Management Committee

The Board’s Finance, Audit and Risk Management Committee comprises four Board members. The General Manager, Food Safety & Services is the Secretary. The Committee has principal responsibility for overseeing FSANZ’s corporate governance arrangements, including financial management, internal audit and risk management and compliance

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systems. It approves an annual internal audit program based on a risk analysis of our corporate arrangements (See Appendix 13 for members of the Finance, Audit and Risk Management Committee and their attendances at meetings this year).

Senior management

Management coordination is undertaken through the Executive and the Management Group (MGM). The Executive, consisting of the Chief Executive Officer, the Chief Scientist and General Managers, meets weekly. The Executive’s role is to provide leadership, stewardship and control of the organisation. It manages the implementation of the statutory functions of the organisation consistent with the strategic priorities set by the Board.

As a result of the organisational changes effected in December 2003, the Management Group, comprising Section managers as well as the Executive, was expanded. The Management Group provides for a two-way information flow between section managers and the Executive on our progress against strategic directions, day-to-day management and the coordination of section activities. It also promotes information flow between sections and the co-ordination of cross-section functions.

Section Managers, and their General Managers, are responsible for supervising the activities of section staff to ensure milestones are met, budgets and staffing resources are appropriately utilised and the section outputs contribute effectively to our goals and outcomes.

A multi-disciplinary team manages each application and proposal for varying the Code. The teams are headed by project managers, chosen for their particular expertise and experience. The multi-disciplinary teams typically have scientific expertise from a variety of disciplines, and social/economic analysis, legal and communication skills. Other non- standards work is progressed collaboratively through the formation of cross-section teams.

Senior Executive

The senior Executive was restructured during the year and was reduced from six to five. Executive responsibilities were reorganised to reflect the new organisational structure.

Graham Peachey – Chief Executive Officer

As Chief Executive Officer, Mr Peachey is responsible to the Board for the efficient administration of FSANZ and, in conjunction with the FSANZ Board, for the corporate and strategic directions of the organisation.

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Dr Marion Healy – Chief Scientist

As Chief Scientist, Dr Healy has executive responsibility for FSANZ’s scientific work and the risk assessment of hazards affecting public health safety, FSANZ’s data collection activities, development of collaborative relations with scientific institutions and the program that evaluates the impact of FSANZ’s standard setting activities.

Ms Melanie Fisher – General Manager

As General Manager, Food Standards (Canberra), Ms Fisher is responsible for the risk management functions associated with the development of food standards that primarily address health and safety matters as well as for the agency’s legal, communication, consultation and regional activities. She is also responsible for coordinating FSANZ’s relations with international food regulatory bodies.

Ms Claire Pontin – General Manager

As General Manager, Food Safety & Services, Ms Pontin is responsible for the development of primary production and processing standards and food safety standards, coordination of enforcement, compliance and recall activities, risk assessment for imported foods and has senior management responsibility for corporate services, financial management and provision of Board services and corporate governance arrangements.

Mr Dean Stockwell – General Manager

Mr Stockwell is General Manager, Food Standards (Wellington). He is responsible for the risk management functions associated with the development of food standards and for labelling and information standards. He is the senior FSANZ representative in New Zealand.

Performance bonuses

Six senior executive (SES) staff received performance bonuses totalling $46,520 and 22 managers received performance payments totalling $71,262.71 during the year.

Financial management

FSANZ prepares accrual accounting financial statements in accordance with the Department of Finance and Administration’s Guidelines for Commonwealth Authorities and Companies. The Australian National Audit Office performs an annual audit of these statements. All managers are responsible for ensuring appropriate use of resources. Under FSANZ’s new organisational structure, financial reporting and management are coordinated by the Finance and Secretariat section.

ANNUAL REPORT 2003-2004 ACCOUNTABILITY 99

The FSANZ Board approved a three-year financial plan for 2003-04 to 2005-06. It was acknowledged that a clear plan would be needed to improve the salary to administration ratio, in order to manage within the projected 2004-05 budget and beyond.

Significant changes have taken place this year in external reporting requirements. We were previously required to report to the Department of Finance and Administration at the end of the financial year. For 2003-2004 this changed to a requirement to report monthly. Reports are also sent to the Department of Health and Ageing for information. The accounts are in an accrual format and include the Statement of Financial Position; Statement of Financial Performance; and Cash Flow Statements. The information in these reports is also used internally by the Executive as part of their management oversight.

It is expected that, in the future, we will be required to provide monthly budget reports to the DoHA. Other major changes to reporting requirements are expected in 2004-2005 driven by the Department of Finance and Administration. Harmonisation with international accounting standards are due to commence from 1 January 2005.

Internal and external scrutiny

Our performance in achieving our Accountability goals is measured, in part, by the level of compliance with external reporting requirements. Commonwealth public sector agencies have numerous accountabilities to external agencies, ranging from the parliament and its many committees to the Auditor General, the Commonwealth Ombudsman, the Administrative Appeals Tribunal and the courts,

FSANZ’s external accountability requirements are acquitted through a variety of means:

• annual report to Parliament; • the provision of detailed budgetary information through the Portfolio Budget Statements tabled in Parliament; • the examination of our accounts by the Auditor-General; and • performance audit reports by the ANAO.

Key elements of FSANZ’s internal corporate governance arrangements include:

• a Board Charter setting out the objectives, roles and powers of the Board; • internal audit and review processes and functions; • documentation of the objectives, roles and powers of other committees (e.g. FARMC, Remuneration); • corporate and business planning arrangements; • performance planning, monitoring and reporting; • a statutory compliance register and report;

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• fraud controls and processes; • rules relating to financial and other delegations; • policies on handling conflicts of interest and standards of professional and ethical behaviour; and • various internal operating policies and procedures.

FSANZ will continue to work to ensure clarity of roles and clarity of communications about decisions and actions. The food regulatory environment is confusing and the Strategic Review acknowledged that we need to clarify our role and assist our stakeholders in achieving a better understanding of our role and responsibilities.

Internal Audit / Risk Management

The Finance and Risk Management Committee (FARMC) oversees our financial management, internal audit, risk management practices and our corporate governance arrangements.

Our internal audit activity over a three-year period is based on the risks we face, derived from the risk assessment process (including risk management and fraud prevention) and those audits required to provide assurance over the effectiveness of internal controls.

Walter Turnbull were engaged through a tender process as our internal auditors. A three- year Strategic Internal Audit Plan was developed and approved by the FARM Committee. It is implemented on an annual basis. Reports provided by Walter Turnbull are provided to the Board along with management comment. All internal audit recommendations made are tracked, monitored and the Board regularly updated on outstanding action regarding implementation.

Internal Audits completed during 2003-2004 are:

• travel arrangements & policy within FSANZ; • the food recall system; and • the standards management system.

An internal audit assessed FSANZ’s corporate governance practices against legislative requirements and better practice. The audit ascertained that the corporate governance processes and frameworks that we have implemented are efficient, effective and aligned with the significant better practice documentation that is available on the subject. The audit concluded that we are adopting excellent practices in all of the key concepts such as accountability and the handling of perceived conflicts of interest and these have contributed to the development of a robust governance framework. We also developed a corporate governance statement during the year that was adopted by the Board.

ANNUAL REPORT 2003-2004 ACCOUNTABILITY 101

Fraud Control

FSANZ has an approved Fraud Control Plan (FCP) in place and reports on it annually. The FCP is currently under review by Ernst & Young. As part of this process assessments have been made of our business risks covering areas such as Information Technology, financial procedures and processes, payroll, facilities management and contracting. The consequence and likelihood of inappropriate activity was identified and the revised risk determined by considering the controls in place. A matrix of risk was developed and Ernst & Young will be recommending areas where those controls can be strengthened.

There was one instance of fraud committed on the Authority during the year. Ernst & Young were subsequently appointed by the Executive to undertake a review of several small transaction irregularities to assist with an investigation into the activities of a staff member.

As result of this review, sixteen recommendations were made concerning the financial and IT control environment and policies in place within the Authority. The majority of recommendations were implemented immediately and the remaining are being worked through with a view to achieving full implementation.

Allegations concerning fraud committed by a staff member were investigated and the matter referred to the Commonwealth Director of Public Prosecutions. The staff member has since resigned from the Australian Public Service and the matter dealt with in the ACT Magistrates’ Court.

Business Planning & Management

FSANZ’s business planning processes start with the development of the Corporate Plan. FSANZ has adopted a planning approach that links the various elements of the process into an integrated planning framework. Critical and strategic issues are identified through formalised environmental scanning and analysis and a three-year Corporate Plan developed. Once the Corporate Plan has been approved by the Board, it forms the basis of our internal business management arrangements.

The key result areas specified in the Corporate Plan are cascaded down through the organisation. This involves the development of Branch business plans addressing each of the key result areas, section level work plans and individual work plans and performance agreements.

These work activities are reflected in our budget and our Chart of Accounts.

The Chief Executive Officer regularly reviews performance against Branch business plans and the Chief Scientist and General Managers manage and review performance of section workplans and budgets.

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At each Board meeting, the Board considers reports from management on the Standards Workplan, progress against Strategic Directions and expenditure against approved budgets.

Purchasing (including Assets Management)

We are aware of potential fraud risks associated with the management of assets and we have a range of measures in place to mitigate those risks. We are in the process of upgrading our assets management system. The external review of our Fraud Control Plan reported that the controls already in place were adequate.

Consultants and competitive tendering and contractors

As part of our internal audit program, an audit was carried out to review the efficiency of the contract management function, compliance with government tender and contract requirements as they apply to CAC Act agencies, and a review against better practice policies. The audit ascertained that the FSANZ contract management function is operating in an efficient and adequate manner. However, the audit highlighted areas of improvement that will assist a transition to better practice. The audit identified several instances where there was a lack of appropriate documentation maintained on file, a lack of performance measurement tools written into contracts, a lack of formal training for staff in the contract management process, and inadequate documentation on our tendering processes

In response, FSANZ has implemented staff training in procurement procedures, policies and practice, including the use of appropriate performance measurement indicators. Staff have also been reminded of their obligations for maintaining adequate documentation.

Performance Measurement Tools

In developing a new Corporate Plan it was considered appropriate to review the agency’s measures of performance, particularly in light of the new food regulatory arrangements. The previous nine key result areas have been consolidated into four. The new performance measurement tools are both clear and concise and will allow us to function in a more dynamic and evolving manner whilst still meeting all of our legislative requirements.

The challenge for us is to ensure that the revised key result areas are effectively implemented throughout all levels of the agency. Our integrated planning system specifically links agency objectives and performance with Branch, Section and individual achievements and performance. Particular effort will continue to be put into ensuring a tight linkage between the KRAs and individual performance management plans. In view of the issues raised by staff concerning our Performance Enhancement Scheme we will facilitate training

ANNUAL REPORT 2003-2004 ACCOUNTABILITY 103

in order to raise staff awareness and understanding of our strategic direction and our approach to performance measurement.

Management reporting and planning processes

Progress against our strategic directions is reported at each Board meeting. The Strategic Directions Report provides a progress report on the major activities against each key result area.

Strategic issues management

We use a number of tools to identify and manage strategic issues. We employ environmental scanning to identify a range of socio-economic, political and environmental trends that could impact on our business. These trends are factored into our planning processes at a Board and senior management level.

This year we expanded our approach to strategic issues management and now report regularly to the Board on emerging science issues.

Ensure clear understanding of our responsibilities / accountabilities in delivering statutory obligations

We will do this by developing new systems and processes to clarify and strengthen management accountabilities and performance expectations, by strengthening communication and understanding of our direction, accountabilities and performance expectations, and by reinvigorating the staff Performance Enhancement Scheme to ensure personal goals and work plans are effectively linked to corporate goals and work plans.

Our performance will be measured by the extent to which staff performance agreements are directly linked to corporate priorities.

New systems and processes

During the year we introduced or modified new systems and processes to clarify and strengthen management accountabilities and performance expectations. This included a review of our approach to risk analysis and the development of our Standards Workplan Management System (reported under the section on Our Regulatory Measures).

Our Standards Workplan Management System has undergone extensive development, including being web developed, and is a key business application. We also took steps during the year to modify and further refine our Stakeholders Contacts database and to

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further develop a more integrated eSystems framework to improve electronic access to our standards development data.

Cost Recovery

FSANZ has a number of business operations subject to cost recovery arrangements. We recover costs from applications that have an exclusive capturable commercial benefit or where applicants have opted to generate priority consideration of their application. Cost recovery arrangements are enshrined in the FSANZ Act and Regulations.

An internal audit report into FSANZ’s current cost recovery arrangements reported positively and that they complied with the Commonwealth’s Regulatory Agency Guidelines for Cost Recovery. The report did make some recommendations for change and these are being addressed in proposed new cost recovery arrangements.

Communicating our direction, accountabilities and performance expectations

We have identified the need for us to strengthen communication and understanding of our direction, accountabilities and performance expectations. The need to improve internal reporting systems and develop new management information systems is an area that will receive some attention during 2004-2005.

Performance Enhancement Scheme

In order to improve our performance we constantly seek to improve the quality and productivity of our processes, products and services. A staff Performance Enhancement Scheme (PES) is part of that process. The scheme applies to all employees.

The primary uses of the PES are to identify work expectations, provide feedback and to assist in the planning of individual development consistent with FSANZ’s priorities and corporate vision and values. It is also used to determine entitlements to incremental salary progression within the classification level and to determine the level of performance pay for employees covered by performance pay arrangements.

ANNUAL REPORT 2003-2004 APPENDIX 1 105

Appendix 1 – Finalised projects from 1 July 2003 – 30 June 2004

The following Applications and Proposals were gazetted into the Food Standards Code.

Gazetted 31 July 2003

A446 – Insect-protected and Glufosinate Ammonium-tolerant Corn Line 1507

A453 – Trehalose as a Novel Food

A467 – Alpha-Amylase as a Processing Aid

P266 – Minor Amendments Omnibus No.IV

Gazetted 18 September 2003

A475 – Hexose Oxidase as a Processing Aid

P251 – Uncooked Comminuted Fermented Meat

Gazetted 17 December 2003

A452 – Aspartame/Acesulphame Salt

A477 – MRLs (Oct, Nov, Dec 2002)

A484 – Food derived from Insect-protected Corn containing Event MON863

A486 – MRLs (Jan, Feb, Mar 2033)

P262 – Minor Amendments Omnibus III

P273 – Intense Sweeteners in Jelly

P275 – Extension of Folate NTD Pilot

Gazetted 29 April 2004

A454 – Bacillus cereus Limits in Infant Formula

A459 – Geographic Indications to describe Spirits

A463 – Copper Citrate as a processing Aid in Wine

A472 – D-Tagatose as a Novel Food

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A476 – Acidified Sodium Chlorite as a Processing Aid

A481 – Food derived from Glufosinate Ammonium-tolerant Soybean Lines A2704-12 and A5547-127

A482 – Plant proteins as Wine Processing Aids

A492 – Lysophospholipase as a Processing Aid (Enzyme)

P283 – Wine-making

Gazetted 14 May 2004

P294 – Variation to Standard 1.4.2 (MRL)

Gazetted 20 May 2004

A474 – Winemaking

A485 – Stock-in-Trade: Wine labelled with a Vintage Date or Earlier

A495 – Polydextrose as a Dietary Fibre

A497 – MRLs (Apr, May, June, July 2003)

P256 – Review of Kava Standard

P257 – Advice on the Preparation of Cassava & Bamboo Shoots

P285 – Minor Amendments to Standard 2.9.1 – Infant Formula Products

The following Applications and Proposals were notified to the Ministerial Council:

A424 – Addition of Calcium to Soups, Savoury Biscuits and Juices Notified 8 Oct 2003

P264 – Review of Gluten claims with Specific Reference to Oats & Malt Notified 17 Mar 2004

A503 – Collagen, Processing Aid for Wines Notified 26 May 2004

A510 – MRLs (Aug, Sep, Oct 2003) Notified 26 May 2004

P281 – Anomalies in Standard 1.4.2 – MRL Notified 26 May 2004

The following Applications were withdrawn:

A343 – Labelling of Food described as Organic

ANNUAL REPORT 2003-2004 APPENDIX 1 107

A473 – Patent Blue V

A427 – Caffeine in Soft Drinks

A465 – Animals & Pests

A462 – Maximum Residue Limits for Spices & Vegetables

A487 – Bromate Levels in Packaged Water

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Appendix 2 - Applications and Proposals Processed

Section 69 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) requires FSANZ to report on its processing of applications and proposals in the following manner:

(a) The number of Applications made to FSANZ under section 12 of the FSANZ Act in 2003-2004: 34

(b) The number of Applications so made that were disposed of during 2003-2004 and the manner of their disposal: (i) 1 was withdrawn by the Applicants; (ii) 0 were rejected by FSANZ; (iii) 1 was finalised and notified to ANZFRMC; (iv) 0 were considered after a request for a review and notified to ANZFRMC; and (v) 32 were either placed on the standards Work Plan as provided under section 10A, or being progressed as at 30 June 2004. In addition, during 2003-2004, FSANZ progressed 48 Applications received prior to 1 July 2003: (v) 4 were withdrawn by the Applicant; (vi) 0 were rejected by FSANZ; (vii) 19 were finalised and notified to ANZFRMC; (viii) 1 was considered after a request for a review and notified to ANZFRMC; and (ix) 26 were still being progressed as at 30 June 2004.

(c) The number of Proposals made by FSANZ under section 12AA of the FSANZ Act during 2003-2004: 13

(d) The number of Proposals so made that were disposed of during 2003-2004 and the manner of their disposal: (i) 0 were abandoned by FSANZ; (ii) 3 were finalised and notified to ANZFRMC; (iii) 0 were considered after a request for a review and notified to ANZFRMC; and

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(iv) 10 were still being progressed as at 30 June 2004. In addition, during 2003-2004, FSANZ progressed 17 Proposals prepared prior to 1 July 2003: (v) 1 was abandoned by FSANZ; (vi) 7 were finalised and notified to ANZFRMC; (vii) 1 was considered after a request for a review and notified to ANZFRMC; and (viii) 10 were still being progressed as at 30 June 2004.

(e) Any occasion during that year that FSANZ, after preparing a draft standard or a draft variation of a standard, failed to make a decision under section 18 of the FSANZ Act within the period required under section 35 and a statement of the reasons for that failure; and Nil

(f) Extensions of time FSANZ granted under subsection 35(2) of the FSANZ Act during 2003-2004 and the reasons for those extensions: An extension to the statutory timeframe was granted for the following 5 Applications: Application A433 (6 months) and Application A434 (6 months) A combination of factors has caused delays at the Draft Assessment stage for both Applications, necessitating the extensions to the statutory times required to complete each of the assessments: (a) the technical assessment of these Applications was unusually complex because of the nature of foods under assessment namely fibre-increased bread, breakfast cereals, low-fat milk and low-fat yoghurt. As they are staple foods in the Australian and New Zealand diet, on the one hand, these foods are broadly consumed, however, the phytosterols are targeted specifically to the adult population over 40 years. In addition, phytosterols do not provide any enhanced cholesterol lowering benefit when consumed in unlimited amounts, and they do have some impact on the absorption of some fat-soluble micronutrients. Therefore, a comprehensive evaluation of the nutritional impact of phytosterols was required, especially if incorporated into foods where there is no normal serving size (unlike the table spreads). The assessment considered a range of risk management options because of the requirement to limit conditions of use. The use of phytosterols in foods also raises bigger, more complex issues than merely extending the use of an already-approved novel food e.g. medicalisation of the food supply. A key component of the assessments of both applications has been the dietary modelling which is necessary to estimate the potential dietary exposure to phytosterol esters that may result from permitting addition of these substances to a broader range of foods, as compared to the dietary exposure from existing phytosterol-enriched edible oil spreads and margarines; and

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(b) apart from the clinical studies submitted in support of the applications, it was necessary to examine the all available nutrition data in more detail in order to prepare a comprehensive nutritional assessment using all available information. This more robust assessment occupied more time than originally anticipated. Application A472 (6 months) The Draft Assessment was complicated by the receipt of a submission from the Australian Food and Grocery Council (AFGC), which questioned the basis for continuing to regard D-Tagatose as a novel food after it had been found to be safe with no specific conditions of use being proposed. Consideration of this issue, which required internal discussions within FSANZ, as well as extensive consultations with both the Applicant and the AFGC, resulted in a moderate delay to completion of the Draft Assessment. This, and the timing of Board meetings at which a Final Assessment could be considered necessitated an extension to the timeframe for completion. Application A481 (3 months) Consideration of Application A481 was delayed due to issues associated with the timing of the Board meetings and subsequent Ministerial Council notification requirements. Application A491 (6 months) Application A491 required an extension beyond its due date because of the considerable amount of time that was required at the Initial Assessment stage to determine the difficult question of whether the product (resistant maltodextrin) should be assessed under the novel food standard or otherwise.

(g) The number of applications made to the Administrative Appeals Tribunal during 2002-2003 for a review of a decision made by FSANZ. Nil

(h) The results of the applications made to the Administrative Appeals Tribunal that were determined during that year: Nil However, on 17 October 2003, the Federal Court handed down its judgement in the matter of Distilled Spirits Industry Council of Australia Inc v Food Standards Australia New Zealand [2003] FCA 1139. (The hearing of this matter in the Federal Court was on 5 and 6 December 2002.) The Court dismissed the Distilled Spirits Industry Council of Australia’s application and ordered that it pay FSANZ’s costs. The application was for judicial review of FSANZ’s decision to reject DSICA’s application to exempt duty free spirits from certain labelling requirements, and the Ministerial Council’s decision in relation to the same application.

ANNUAL REPORT 2003-2004 APPENDIX 2 111

(i) The number of standards made under the FSANZ Act during 2003-2004:

31 (this includes both standards and variations to standards gazetted)

(j) The number of draft standards and draft variations approved during 2003-2004 under: (i) 25 under section 18 of the FSANZ Act; or (ii) 1 under subsection 26(1) of the FSANZ Act

(k) The number of occasions during that year when requests were made under section 21 of the FSANZ Act for a review of a draft standard or draft variation: 4

(l) The number of occasions during that year when requests were made under section 22 of the FSANZ Act for a review of a draft standard or draft variation: Nil

(m) The number of occasions during that year when a draft standard or draft variation was rejected under section 23 of the FSANZ Act: Nil

(n) The number of occasions during that year when requests were made under section 28A of the FSANZ Act for a review of a standard or variation: Nil

(o) The number of occasions during that year when requests were made under section 28B of the FSANZ Act for a review of a standard or variation: Nil

(p) The number of occasions during that year when a standard or variation was revoked or amended under section 28C of the FSANZ Act: Nil

(q) A summary of policy guidelines notified to FSANZ during 2002-2003 under paragraph 10(2)(e) of the FSANZ Act: • Nutrition, Health and Related Claims (notified to FSANZ on 18 December 2003)

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The Guideline aims to ensure that the health and safety of the public is protected, whilst still allowing for food industry innovation and trade. It does this by incorporating a number of elements designed to ensure that claims made on foods or in advertising are true, scientifically substantiated and not misleading. • Country of Origin Labelling of Food (notified to FSANZ on 18 December 2003) FSANZ has been provided with policy direction on mandatory country of origin labelling of food to enable consumers to make informed choices. This is not a public health and safety issue, as the safety of the food supply is assured through other means. At present there is a temporary arrangement in place for mandatory country of origin labelling to continue in Australia. In New Zealand, there has been a long-standing provision under fair trading legislation for voluntary country of origin labelling. • Food Safety Management in Australia (notified to FSANZ on 18 December 2003) These Guidelines include overarching principles and recommendations on which food business sectors should develop and implement mandatory food safety programs. FSANZ is to amend Standard 3.2.1 – Food Safety Programs, to include the following sectors: - food service, in which potentially hazardous food is served to vulnerable populations; - producing, harvesting, processing and distributing raw oysters and other bivalves; - catering operations serving food to the general public; and - producing manufactured and fermented meat. • Novel Foods (notified to FSANZ on 18 December 2003) Novel foods are those foods that are non-traditional to Australia and New Zealand, and for which there has been no safety evaluation. Regulations concerning novel foods were incorporated into the Australia New Zealand Food Standards Code in 2001. However, a number of concerns with the existing standard have been identified. FSANZ has been asked by the Ministerial Council to review the Standard and associated user guide and to consider issues raised by stakeholders. The revised Standard is to provide greater clarity about the process FSANZ undertakes in determining if a food is novel.

(r) such other matters (if any) as are specified in the regulations: Not applicable

ANNUAL REPORT 2003-2004 APPENDIX 3 113

Appendix 3 - Description of Applications and Proprosals Processed

Applications and Proposals Gazetted into the Food Standards Code

A446 – Insect Protected and Glufosinate Ammonium tolerant Corn Line 1507

Corn genetically modified to protect against insects and resist the herbicide glufosinate- ammonium.

A453 – Trehalose as a Novel Food

To allow the disaccharide trehalose to be used as a food ingredient with likely applications in situations where sweetness of less than half that of sucrose is desirable.

A467 – Alpha-Amylase as a Processing Aid

For use in the hydrolysis of starch in the starch, sugar and alcoholic beverage industries.

P266 – Minor Amendments Omnibus No.4 (s.36)

To correct errors of minor significance or complexity, including typographical errors, inconsistencies, misspellings, grammatical errors, deletions and corrections of Tables.

A475 – Hexose Oxidase as a Processing Aid

New enzyme with its main use in the baking industry to improve loaf volume and strength. It acts similar to glucose oxidase but has broader function. issues raised and addressed had been about the safety of possible food by-products of the enzyme action.

P251 – Uncooked Comminuted Fermented Meat(UCFM)

Based on a review and risk assessment of existing standards in relation to UCFM manufacture, amendments were made to Standards 1.6.1 and 1.6.2 of the Code. The revised standard requires the application of food safety programs (Standard 3.2.1) in the manufacture of UCFM.

A452 – Aspartame/Acesulphame Salt

A pre market risk assessment on aspartame-acesulphame was conducted concluding that it raises no safety concerns and fulfils its technological purpose as an intense sweetener.

A477 – MRLs (Oct, Nov, Dec 2002)

The APVMA applied to FSANZ for maximum residue limits (MRLs) for certain agricultural and veterinary chemicals in the Code.

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A484 – Food derived from insect-protected Corn containing Event MON863

To permit the use in food of corn genetically modified to protect against rootworm.

A486 – MRLs (Jan, Feb, Mar 2003)

The APVMA applied for maximum residue limits (MRLs) for certain agricultural and veterinary chemicals in the Code.

P262 – Minor Amendments Omnibus III

Aspects of Standard 2.9.2 – Food for Infants – Exemption from mandatory nutrition labelling of sodium in foods for infants, were reviewed.

P273 – Intense Sweeteners in Jelly

To resolve unforeseen anomalies between the use of cyclamate and saccharin by jelly manufacturers and current permissions.

P275 – Extension of Folate NTD Pilot

The temporary provision that allowed the folate / neural tube defect health claim to be used on approved products until 13 February 2004 was extended until 13 February 2006.

A454 – Bacillus cereus in Infant Formula

To amend the Code to permit a variation to the microbiological limit for Bacillus cereus (B. cereus) in infant formula products. At the revised limit, infants would not be exposed to levels of B.cereus that would cause illness when the formula is prepared and stored according to prescribed guidelines.

A459 – Geographic Indications to describe Spirits

To ensure certainty, accuracy and truthfulness in the use of geographic indications to describe spirits.

A463 – Copper Citrate as a Processing Aid in Wine

To permit the use of copper citrate as a processing aid for removing hydrogen sulphide odours in wine.

A472 – D-Tagatose as a Novel Food

To permit this naturally occurring monosaccharide for use as an alternative sweetener claiming lower energy value.

ANNUAL REPORT 2003-2004 APPENDIX 3 115

A476 – Acidified Sodium Chlorite as a Processing Aid

To permit the use of acidified sodium chlorite as an anti-microbial intervention/processing aid for use on raw poultry, red meats and raw or cooked comminuted or formed meat products during processing.

A481 – Food Derived from Glufosinate Ammonium- tolerant Soybean Lines A2704-12 and A5547-127

To permit the use of food derived from LibertyLink soybean lines A2704-12 A5547-127. LibertyLink soybeans contain one novel protein, phosphinoyhricin acetyltransferase (PAT), which confers tolerance to the herbicide glufosinate ammonium. We had already assessed PAT (applications A372, A375 and A380).

A482 – Plant proteins as Wine processing Aids

To permit the use of plant proteins as a wine processing aid. The wine clarifying agents, derived from plant proteins, can be used to produce wine suitable for vegan and vegetarian wine consumers.

A492 – Lysophospholipase as a Processing Aid (Enzyme)

To permit the use of Lysophospholipase, an enzyme that assists with the process of extracting glucose and maltodextrins from wheat starch.

P283 – Wine making

Amendments to provisions regulating wine as part of the ratification process for a multilateral Agreement on trade in wine, signed by Argentina, Australia, Canada, Chile, New Zealand and the USA.

P294 – Variation to Standard 1.4.2 - MRL

We sought an urgent amendment to correct an anomaly in Standard1.4.2 in order to protect public health and safety by specifically stating that chemical residues are not permitted in food unless they comply with the specific limits in the Standard. Where a chemical is not listed in the Standard there should be no detectable residues of that chemical in any food. This will have the effect of eliminating exposure to chemicals that are not specifically permitted.

A474 – Wine making

The Winemakers’ Federation of Australia applied to update and align the provisions regulating wine in the Food Standards Code with those of other wine producing countries - with which Australia and New Zealand trade in wine. The amendments are relevant to the

116 APPENDIX 3 FOOD STANDARDS AUSTRALIA NEW ZEALAND

ratification of Australia and New Zealand’s multi-lateral wine agreement on trade in wine, the World Wine Trading Group Agreement on Mutual Acceptance of Oenological Practices, or MAA, signed by Australia and New Zealand in December 2001.

A485 – Extension of the Stock-in-Trade provisions for Wine

The Winemakers’ Federation of Australia, the New Zealand Winegrowers’ Association and the Australian Wine and Brandy Corporation applied to indefinitely extend the stock-in-trade provision for vintage wines in order that the products could be legally sold after the expiration of the long shelf-life stock-in-trade provisions for packaged food and beverages on 20 December 2004. Under the variation, vintage wine bottled prior to 20 December 2002 will not require to list on the label tannin derived from chestnuts, fining agents derived from egg, fish and milk and added sulphites in concentrations of 10 mg/kg to 25mg/kg.

A495 – Polydextrose as a Dietary Fibre

Polydextrose polymer has been recognised as a dietary fibre by including in the Code a specific method of analysis for dietary fibre in foods containing Polydextrose.

A497 – MRLs (April, May, June, July 2003)

The APVMA applied to include Maximum Residue Limits (MRLs) for certain agricultural and veterinary chemicals in the Code.

P256 – Review of Kava Standard

Kava is an intoxicating non-acoholic beverage prepared from the root of the plant Piper methysticum. It has a long history of use as a beverage in social ceremonies, particularly by South Pacific communities and was introduced into Aboriginal communities (predominantly in Arnhem Land) in the 1980s as an alternative to alcohol. The review of Kava constituted a complete review of Standard 2.6.3 – Kava. As a result of the review, Standard 2.6.3 – Kava will operate in conjunction with the National Code of Kava Management, will retain the prohibition on the mixing of kava with other foods (with the exception of food type dietary supplements regulated under New Zealand regulations, amends the definition of kava and retains the labelling statements related to public health.

P257 – Advice on the Preparation of Cassava Products and Bamboo Shoots

Cassava and bamboo shoots contain potentially toxic compounds referred to as cyanogenic glycosides, which break down upon disruption of the plant cells, to form hydrogen cyanide. The potential toxicity can be reduced by appropriate preparation of the plant prior to consumption as food, including peeling, slicing and cooking (e.g. boiling or baking).

ANNUAL REPORT 2003-2004 APPENDIX 3 117

The purpose of the proposal was to examine the potential public health and safety risk associated with the consumption of inadequately prepared cassava and/or bamboo shoots in the Australian and New Zealand populations and to determine whether any risk management measures were necessary. We believe that consumers should be provided with appropriate information to enable the safe consumption of cassava and bamboo shoots. Changes were made to Standard 1.2.6 of the Code, requiring directions for use of the raw products be provided.

P285 – Minor Amendments to Standard 2.9.1- Infant Formula Products

We finalised a proposal to rectify the inadvertent omission of sodium selenate as a permitted form of selenium and to clarify permissions for the L-amino acid ‘cysteine’ in infant formula products.

Applications and Proposals Notified to the Ministerial Council but not gazetted

A424 – Addition of Calcium to Soups, Savoury Biscuits and Juices

To allow the voluntary addition of calcium to fruit/vegetable juices, fruit cordial, soups and cracker-type biscuits.

P264 – Review of Gluten claims with specific reference to Oats & Malt

In order to meet the needs of highly sensitive individuals, we propose that a ‘gluten free’ claim can be used where the food contains no detectable gluten and no oats or malt in the product. For those who are less sensitive, we propose that a ‘low gluten’ claim may be used if the food contains less than 20gof gluten per 100g. oats and malt may be included in foods carrying the ‘low gluten’ claim.

A503 – Collagen as a Processing Aid for Wine

To permit for the use of collagen as a processing aid during the production of wine.

A510 – MRLs (Aug, Sep, Oct 2003)

The Australian Pesticides and Veterinary Medicines Authority applied to FSANZ for maximum residue limits (MRLs) for certain agricultural and veterinary chemicals in the Code.

P281 – Maximum Residue Limits Anomalies

To amend Standard 1.4.2 – Maximum Residue Limits, to correct inadvertent anomalies between the residue limits set for agricultural and veterinary chemicals by the Australian Pesticide and Veterinary Medicines Authority and Standard 1.4.2.

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Genetically Modified Food Applications received

A509 – Food Derived from Insect Protected Cotton line COT102

We received an application to approve food derived from a genetically modified (GM) insect- protected cotton Line COT102. Cotton line COT102 has been genetically modified for protection against cotton bollworm (Helicoverpa armigera) and native budworm (H. punctigera), two significant pests of cotton crops in Australia, and it also contains a gene encoding resistance to the antibiotic hygromycin. Cotton line COT102 has been developed for cultivation in North America and Australia so may enter the food supply in Australia and New Zealand via domestically produced and imported products.

A518 – Food Derived from Insect-Protected Cotton Line MXB-13

We received an application to permit the use in food of a genetically modified (GM) insect- protected, glufosinate ammonium-tolerant cotton. Cotton line MXB-13 has been genetically modified for protection against the cotton bollworm, pink bollworm and tobacco budworm.

A525 – Food Derived from Herbicide-tolerant Sugar Beet H7-1

We received an application to approve food derived from a genetically modified (GM) herbicide-tolerant sugar beet, sugar beet line H7-1.

Sugar beet line H7-1 has been genetically modified for tolerance to the herbicide glyphosate. Protection is conferred by the expression in the plant of a bacterially derived enzyme EPSPS (5-enolpyruvylshikimate-3-phosphate synthase), which allows the plant to continue to grow in the presence of the herbicide. Sugar beet line H7-1 does not contain any other novel genes.

If approved, food (sugar) derived from sugar beet line H7-1 may enter the food supply in Australia and New Zealand only via imported products. There is currently no permission to grow sugar beet line H7-1 in Australia and New Zealand.

A533 – Food Derived from Glufosinate-ammonium –tolerant Cotton

We have received an application to approve food derived from a genetically modified (GM) herbicide-tolerant cotton, cotton line LL25. GM foods must undergo a pre-market safety assessment before they may be sold in Australia and New Zealand. Food from cotton line LL25 will be entering Australia and New Zealand initially as imported products but may also be produced in Australia at some point in the future.

A524 – Food Derived from Herbicide-tolerant Wheat MON71800

An application was received seeking to permit the use in food of wheat genetically modified to provide resistance to glyphosate. The Applicant subsequently withdrew the Application.

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Novel Food Applications

A434 – Phytosterol Esters in Low Fat Milk and Low Fat Yoghurt

An application seeking approval for the use of phytosterol esters derived from vegetable oils as a novel food ingredient in low-fat milk and low-fat yoghurt is being assessed.

A508 – Phytosterols derived from Tall Oils

FSANZ has recommended the approval of Tall Oil Phytosterols (TOPS) as a novel food ingredient in low-fat milk products. TOPS are added to foods with the intended purpose of lowering cholesterol absorption in humans. An extensive risk assessment was performed to determine any public health and safety issues associated with approval and appropriate risk management strategies were proposed to ensure appropriate use by the target consumers and to discourage use by non-target consumers.

A522 – DHA rich Micro-algal Oil from Ulkenia sp. as a Novel Food

We have received an application to approve the use of Docosahexaenoic acid (DHA)-rich oil derived from marine micro-algae (Ulkeniasp.) as a novel food. DHA is an omega-3 long- chain polyunsaturated fatty acid derived from alpha-linolenic acid. Omega-3 long-chain fatty acids, particularly DHA, have been identified as important dietary components. DHA is a normal constituent of the (non-vegan) human diet and the main source is cold-water fish. Marine micro-algae (Ulkenia sp.) are considered to be a novel source of DHA.

We commenced the assessment of DHA-rich oil derived from Ulkenia sp. as a novel food and will examine the safety; estimated dietary intake; nutritional implications; food technology; and the costs and benefits to various affected parties. We expect this work to be finalised in 2004-2005.

A505 – Diacylglycerol Oil

FSANZ received an application to approve the use of diacylglycerol oil (DAG-oil) as a novel food under Standard 1.5.1 –Novel Foods. DAG-oil consists mainly of diglycerides. The assessment focussed in particular on the safety and nutritional aspects of Diacylglycerol-oil as a novel food. The scientific evaluations concluded there was no evidence of any public health and safety concerns associated with the consumption of DAG-oil at the proposed levels of use.

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Processing Aids

A493 – Iodine as a Processing Aid

A513 – Octanoic Acid as a Processing Aid

We began work on an application that seeks to permit the use of octanoic acid as an antimicrobial agent on red meat and poultry carcasses as well as fresh fruit and vegetables.

A501 – Phospholipase as a Processing Aid

An application to approve the use of a new enzyme phospholipase sourced from the microbe Streptomyces violaceonruber as a processing aid was progressed during the year. The enzyme is used to produce a modified lecithin that can be used in the baking, confectionery, dairy fats and beverage industries.

P276 – Review of Enzyme Processing Aids

FSANZ proposes to formally review the enzymes listed in the Food Standards Code in order to fully harmonise the Australian and New Zealand food regulations under the Code. Matters being considered as part of this review include the naming of these enzymes and source organisms, the safety of currently approved enzymes, the safety of by-products of enzymatic reactions, guidelines for the safety assessment of enzymes, and enzymes not currently used in Australia and New Zealand.

P277 – Review of Processing Aids (Other than Enzymes)

FSANZ has initiated a Proposal P277, to review Standard 1.3.3-Processing Aids, excluding enzymes (clauses 15,16 and 17 of Standard 1.3.3). A concurrent Proposal, P276-Review of Enzyme Processing Aids, is reviewing the regulation of enzymes.

FSANZ does not propose to restructure Standard 1.3.3 in any major way, since the Standard was developed during the course of two earlier Proposals. However, this Proposal does allow interested parties to provide new scientific evidence regarding the safety of processing aids, make suggestions to correct any errors, review nomenclature, remove duplications and anomalies, improve consistency between this Standard and the rest of the Code and improve the general operation and function of the Standard.

An External Advisory Group (EAG) with representatives from industry, academia and enforcement agencies from Australia and New Zealand, has been formed to assist with this review.

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A516 and A517 – Lipases as Processing Aids

Both were originally cost recovered applications and FSANZ conducted an Initial Assessment. The applicant has decided not to proceed on a cost recovered basis and the application has been put back onto the workplan.

Maximum Residue Limits (MRLs)

A520 – MRLs for Nov, Dec 2003

The Australian Pesticides and Veterinary Medicines Authority (APVMA) has applied to FSANZ seeking to amend Maximum Residue Limits (MRLs) for non-antibiotic agricultural and veterinary chemicals in the Code. It is a routine application from APVMA to update the Code in order to reflect the current registration status of agricultural and veterinary chemicals in use in Australia.

A521 – MRLs Lasalocid (Antibiotic)

The Australian Pesticides and Veterinary Medicines Authority (APVMA) has applied to include Maximum Residue Limits (MRLs) for poultry commodities for the antibiotic lasalocid in the Food Standards Code. It is a routine application from APVMA to update the Code in order to reflect the current registration status of agricultural and veterinary chemicals in use in Australia.

A506 – MRLs Flofenicol (Antibiotic)

FSANZ has received an application from the Australian Pesticides and Veterinary Medicines Authority (APVMA) for the addition of Maximum Residual Limits (MRLs) for cattle and pig commodities, for the antibiotic florfenicol into the Food Standards Code. It is a routine application from APVMA to update the Food Standards Code in order to reflect the current registration status of agricultural and veterinary chemicals in use in Australia.

Labelling

A480 – Mandatory Declaration of the Presence of Allergenic Substances in Food

We have received an application to amend current regulations in order to limit the mandatory declaration of allergenic substances in food. The issue of threshold levels of food allergens is an important consideration and is the subject of international debate. This application was progressed during the year.

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A489 – Allergen labelling on single serve packages in outer packages

We have received an application to amend Standard 1.2.1 to exempt individual portion packs from allergen labelling where the food product requires further preparation or heating or are sold frozen and intended to be consumed in the frozen state.

P242 – Food for Special Medical Purposes

Foods for Special Medical Purposes (FSMP) are principally formulated food products, used under the supervision of medical or other health professionals, for the dietary management of individuals (including children), with either ongoing chronic medical or disability conditions or during acute phases of illness, injury or disease.

The regulation of FSMP in Australia and New Zealand has been unclear and the proposal makes recommendations on an appropriate regulatory approach.

P237 – Country of Origin Labelling of Food

Abandoned by FSANZ and replaced by P292 in light of the Ministerial Council Policy guidelines.

P292 – Country of Origin Labelling of Food

In December 2003, the Ministerial Council agreed to policy guidelines for the regulation of Country of Origin labelling on food. We have commenced work on developing appropriate regulations to give effect to these guidelines. The guidelines state that the Country of Origin labelling of food should be mandatory in order to ensure that consumers have access to accurate information regarding the contents and production of food products, and that consumers are not misled or deceived regarding food products. Country of Origin labelling must be consistent with, and complement, Australia’s and New Zealand’s national policies and legislation including those relating to fair-trading and industry competitiveness. Any new regulation must be cost effective overall, and comply with Australia and New Zealand obligations under international trade agreements while not being more trade restrictive than necessary.

Nutrition

A470 – Formulated Beverages

To permit the addition of a wide range of vitamins and minerals that are currently permitted in the Code to water-based non-alcoholic beverages (formulated beverages) through the creation of a specific standard.

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A479 – Format and Listing of Nutrients in the Nutrition Information Panel

The NSW Health Department has applied to FSANZ to amend the format of the Nutrition Information Panel to be more flexible than currently permitted. The information on these panels must show the amount of energy, protein, total fat, saturated fat, carbohydrate, sugar and sodium. The application seeks to allow for the nutrient listing to appear in a different order and expressed in different terms in order to accommodate nutrition information panels (NIPs) on a wider range of imported products. This application was progressed during the year.

A537 – Reduction in the Energy Factor assigned to Malitol

An application has been received seeking to reduce the energy factor assigned to maltitol from 16 kJ/g to 11.6 kJ/g. Scientific evidence has been provided that is more recent than the material used to establish the current energy factor for maltitol in the Food Standards Code. Such evidence raises the possibility that the current energy content calculations for the purpose of providing nutrition labelling such as nutrition information panels may be an overestimation.

A491 – Resistant Maltodextrin (RMD) as a dietary fibre

Work began on an application that seeks to recognise maltodextrin as a dietary fibre and to include a specific method of analysis for dietary fibre in foods containing RMD.

P274 – Review of Minimum Age Labelling of Foods for Infants

To review the minimum age labelling of infant foods.

P235 – Review of Food Type Dietary Supplements

The Food Standards Code does not currently regulate many foods that are considered to be dietary supplements. The proposal sought to develop food regulatory measures to manage food type dietary supplements (FTDS) within the context of the harmonisation of food regulation between Australia and New Zealand.

P236 – Sports Foods

Sports foods are currently regulated in Australia and New Zealand by a variety of regulatory options. Proposal 236 was raised to develop joint regulations between Australia and New Zealand during the transition period to the new Food Standards Code.

Work deferred pending draft of health claims Standard and Food Type Dietary Supplement policy determination.

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P230 – Iodine Fortification

Deferred at Initial Assessment. Minsterial Council asked FSANZ to look at mandatory iodine fortification.

A528- Maximum Iodine Limit in Formulated Supplementary Foods for Young Children

We received an application seeking to amend Standard 2.9.3 – Formulated Meal Replacements and Formulated Supplementary Foods for Young Children to increase the maximum permitted quantity of iodine per serving from 35 µg to 70 µg in formulated supplementary foods for young children aged 1 – 3 years.

A500- Addition of Calcium to Cereal-based beverages

To amend Standard 1.3.2 to permit fortification of beverages derived from cereals with calcium.

Primary Production & Processing Standards

P265 – Primary Production & Processing Standard for Seafood (Australia Only)

We are developing a Primary Production & Processing Standard for Seafood that will apply to seafood from the point of harvest to supply.

P282 – Primary Production & Processing Standard for Poultry Meat (Australia only)

Australian Governments have agreed that food safety should be addressed from ' paddock- to-plate' and national standards, which cover the entire food supply chain, be developed for each industry sector. The responsibility for developing these Primary Production and Processing (PPP) Standards has been given to FSANZ. Any new PPP standard developed will form part of Chapter 4 of the Australia New Zealand Food Standards Code and will conform to the principle of minimum effective regulation.

The standard for poultry meat is the second PPP standard to be developed. A Standard Development Committee has been established to advise FSANZ on development of the poultry meat standard and comprises representatives of the poultry meat industry, State and Territory governments, Australian Commonwealth Government agencies, research organisations and the Australian Consumers' Association. Work is progressing on this proposal.

The Standard will focus on food safety, be outcome-based, and will take into consideration the whole of chain approach in developing measures to manage poultry meat safely.

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Food Safety Standards

P288 – Food Safety Programs – Vulnerable Populations

In response to the policy guidelines from the Australia New Zealand Food Regulation Ministerial Council agreed in December 2003, we have developed a proposal for the mandatory application of Standard 3.2.1 to food service to vulnerable populations. Catering to vulnerable populations encompasses aged care facilities, hospitals, nursing homes, organisations delivering to housebound people and child care centres providing meals.

P289 – Food Safety Programs- Manufactured & Fermented Meats

We have prepared a proposal to amend Standard 3.2.1 to provide for the application of food safety programs for those food businesses that produce manufactured and fermented meats.

This Initial Assessment Report summarises our current state of knowledge of the manufactured and fermented meat industry in Australia, with a particular focus on food safety regulations and initiatives, and seeks further information and comment from stakeholders on a broad range of issues. The report raises a number of questions in relation to:

• the definition of manufactured and fermented meat - including its relation to the term smallgoods and to other definitions currently in use in various States/Territories, internationally, or within industry; • implementation issues including factors effecting industry compliance, enforcement concerns, audits and the development of tools for assisting these processes, such as guidelines; and • the application and enforcement of Standard 3.2.1 to imported manufactured meats.

Identification of additional relevant issues by stakeholders is sought. The comments, information and data provided during this consultation will be considered during the development of the Draft Assessment Report, which will be released for consultation towards the end of this year.

P290 – Food Safety Programs – Catering Operations to the General Public

We have raised a proposal to amend Standard 3.2.1 to make food safety programs mandatory in catering operations serving food to the general public.

This Initial Assessment Report provides the first opportunity for stakeholders to comment on and supply information and data to FSANZ regarding the mandatory application of Standard 3.2.1 to catering operations serving food to the general population. The comments,

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information and data provided during this consultation will be considered during the development of the Draft Assessment Report.

One of the issues raised in the Initial Assessment report asks input in regard to the definition of catering. According to the Ministerial definition, this definition is not intended to capture eating establishments (e.g. restaurants, cafes and fast food businesses which have direct cook-serve operations), because the cost/benefit analysis for this sector did not support mandatory food safety programs. Comment is also sought on implementation issues such as audit, interpretive guides, tools and other support material.

Other Applications and Proposals

A499 – Roquefort Cheese

FSANZ has received an application from the French Government (Ministry of Agriculture and Fisheries) seeking to amend Standard 2.5.4 of the Food Standards Code to permit the sale of Roquefort cheese made from raw (that is, not pasteurised or thermised) sheep’s milk. There is currently no approval for the sale of Roquefort cheese in Australia

P278 – Use of Nicotine and Nicotiana Species in Food

During the year we commenced work on a proposal to consider restricting the addition of nicotine to food. Currently, tobacco is neither expressly permitted nor expressly prohibited in food but there have been a number of attempts overseas to market tobacco extracts in the form of nicotine containing lollipops, lip balm and bottled water through various different distribution channels.

P260 – Non-Culinary Herbs

We developed a proposal during the year to consider whether non-culinary herbs should be used in food and, if so, the circumstances under which such use may be permitted. Work on this proposal progressed during the year.

P284 – Minor Amendments Omnibus No.5

FSANZ has previously prepared four minor omnibus Proposals (P245, P254, P262 and P266) to correct errors that raised issues of minor significance or complexity in the Food Standards Code. Proposal P284 is the fifth minor amendments omnibus. Generally the proposed amendments are intended to correct minor errors such as inconsistencies and ambiguities, omissions, misspellings and grammatical errors. In addition there is a proposed amendment to resolve the NIP labelling requirements for the number of serves in a package when such packages are of variable weights.

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P271 – Change Liqueur Definition

We have raised a proposal to clarify the original intent of the drafting in the Food Standard Code with respect to ‘ready-to-drink’ products (RTDs) and liqueurs. It is not concerned with re-evaluating or re-determining labelling requirements or labelling exemptions for alcoholic beverages. The proposed variation to the Code seeks to clarify the original intent of the drafting for the definition of liqueur and lead to more certainty for industry members, consumers and enforcement agencies as to which products fit the definition of ‘liqueur’. This proposal may be withdrawn and the issues addressed in another way.

A464 – Wholegrain definition

The aim is to clarify the definition of wholegrain in Standard 2.1.1.

A469 – Intense sweetener levels in flavoured drinks

To increase the maximum permitted levels of saccharin and cyclamate in water-based flavoured drinks.

P287 – Cyclamate

We prepared a proposal to review the use of the intense sweetener cyclamate across the whole food supply. This is in light of the recent survey conducted on the consumption of intense sweeteners in Australia and New Zealand, which concluded that some consumers of cyclamate products currently for retail sale on the market exceeded the acceptable daily intake (ADI) for cyclamate.

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Appendix 4 - FSANZ Processes for Assessing Applications

FSANZ's process for assessing applications

FSANZ’s primary role is developing or amending food standards to ensure the safety of food sold in Australia and New Zealand, to ensure the provision of adequate information to consumers and to prevent misleading or deceptive conduct.

FSANZ work is open for public scrutiny. When developing or changing a food standard, there are generally two rounds of public consultation.

Anyone can make an application to change a current standard or develop a new food standard or code of practice. FSANZ can also initiate the development or review of a standard by raising a proposal. Both follow the same steps (as set out below). Guidelines on how to make an application are available from our Standards Management Officer or from the FSANZ web site. Any external application made to FSANZ must be processed within 12 months from date of commencement.

FSANZ continually looks at ways to improve its assessment processes. In recent years a number of changes have been adopted to improve the format of reports and to place greater emphasis on impact or cost/benefit assessment of regulatory options.

The steps are as follows.

1. Lodging the application

One of the new features of the revised arrangements is the increased level of consideration given to applications and proposals at the early stage to inform interested stakeholders of the issues involved and to provide an opportunity for input into the assessment process prior to the Authority reaching a preferred outcome.

When we first receive an application, preliminary scoping is carried out to determine the complexity or degree of contention of the application and to determine whether the application falls within our area of responsibility. We check the application is not duplicating any other and determine whether or not we have enough information to proceed.

2. Initial Assessment

The Initial Assessment stage (formerly Preliminary Assessment) involves the development of an Initial Assessment Report which, while providing some information to stakeholders, will be used primarily to stimulate useful input from stakeholders by raising issues and asking questions.

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Public submissions are invited through notices in newspapers, Food Standards News, circulars to interested stakeholders and on our website. The newspaper notices appear nationally in The Australian on Wednesdays and in New Zealand, The Dominion, The Press and The New Zealand Herald.

The consultation process is undertaken in line with the Community Involvement Protocol and varied according to the nature of the application.

3. Draft assessment

After considering any submissions, we make a draft assessment. To do this, we must take into account our statutory objectives under Section 10 of the FSANZ Act and consider any relevant New Zealand standards and any other matters pertinent to the particular standard.

Section 10 Objectives

a) The protection of public health and safety. b) The provision of adequate information relating to food to enable consumers to make informed choices. c) The prevention of misleading or deceptive conduct.

In developing or reviewing food standards, the Authority is also required to have regard to the following. a) The need for standards to be based on risk analysis using the best scientific evidence. b) The promotion of consistency between domestic and international food standards. c) The desirability of an efficient and internationally competitive food industry. d) The promotion of fair trading in food. e) Any written policy guidelines formulated by the Council and notified to the Authority.

At this stage of the process, FSANZ undertakes most of its standards work. A comprehensive scientific risk assessment is undertaken, together with a regulatory impact analysis (incorporating a cost or risk benefit analysis).

The Board considers the Draft Assessment Report and, if endorsed, it is released as a public document. The report is posted on the web and stakeholders advised of its availability.

The report includes a draft proposed standard when the Board concludes that a new standard or an amendment to a standard is warranted.

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4. More public consultation

After a standards amendment is drafted, a second round of public consultation usually follows. The proposed amendment is intended to become law, so any problems with the drafting should be notified to us without delay. After considering any further public submissions, we then fine-tune our recommendation as necessary and produce and publish a Final Assessment Report.

5. Ministers decide on food standards

The standards, once approved by the Food Standards Australia New Zealand Board are notified to the Ministerial Council. Within 60 days of this notification, any jurisdiction on the Council may ask FSANZ to conduct a first review of the standards.

Alternatively, the Council may inform FSANZ that it does not intend to request a review. In the latter case, the standards become law at the date specified in a public notice. If the Council requests a review, FSANZ must conduct the review within three months and either re-affirm the decision, with or without amendments to the standard, or withdraw its approval of the standard to the Council.

If FSANZ re-affirms its decision, it must again notify the Council. The Council, by a majority decision, may then, within 60 days, request a second review or decide a second review is not required. After a second review, the Council may approve, amend or reject the standard. The Council will also be able to direct FSANZ to review any standard.

If the Council adopts the amendment, FSANZ gazettes the amendment and it becomes part of the food Standards Code, then automatically becomes law in the States, Territories and is gazetted in New Zealand.

Once the amendment becomes law, it is up to the State and Territory governments and the New Zealand Ministry of Health to enforce the standards. AQIS is responsible for enforcing standards relating to imports.

Copies of public documents are available at our Australian and New Zealand offices and on our website.

We also regularly send out an Information Circular which updates progress on food standards matters. For more information about the detailed matters to do with food standards contact FSANZ’s Standards Management Officer in Canberra on (02) 6271 2258

In 2000-2001, FSANZ took over responsibility from the Commonwealth Department of Finance, for publishing the Food Standards Gazette. This is published on our website and provided electronically to any interested parties. The New Zealand Gazette will continue to be published by the New Zealand Government.

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Appendix 5 - Outcomes and Outputs Structures

Indicator 8. Food regulatory measures based on rigorous scientific risk assessments, regulatory impact analysis and comprehensive stakeholder input

Target: Information source/reporting frequency: Improved quality of food regulatory FSANZ Annual Report measures.

Indicator 9. Level of knowledge and understanding of Food Standards Code and Food Safety Standards by industry and consumers

Targets: Information source/reporting frequency: a) Improvement in knowledge, attitude FSANZ Evaluation Reports and FSANZ and behaviour concerning safe Annual Report food handling practices that will promote health and prevent illness over time. b) Improvement in knowledge and understanding of food labels that will enable consumers to make informed health choices in relation to food.

Indicator 10. Timely and completed implementation of food recalls Target: Information source/reporting frequency: All food recalls initiated within 24 hours FSANZ Food Recall Database and of formal notification and 100% of recall FSANZ Annual Report. reports obtained from industry.

In terms of the 2003-2004 Portfolio Budget Statement (PBS) we have two outputs that contribute to this outcome:

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Output Group 1. Services to the Minister and Parliament In relation to: • Quality: A high level of • the development and review of satisfaction of the Minister and food standards in accordance Parliament with the relevance, with legislative requirements; quality and timeliness of advice • Ministerial and Parliamentary provided. briefings and reports; and • Quality: Agreed timeframes met • the annual report to Parliament for ministerial correspondence, in the operation of the Food Question Time Briefs, Standards Australia New Parliamentary Questions on Zealand Act 1991. Notice and ministerial requests for briefings. • Quality: Submission of annual report on the operations of the Australia New Zealand Food Authority Act by 31 October 2004 • Quantity: 150 responses to ministerial correspondence, 34 Question Time Briefs, 3 Parliamentary Questions on Notice and 4 ministerial requests for briefing.

Output Group 2: Regulatory activity • Delivering statutory objectives by • Quality: Rigorous scientific implementing, managing and assessment relating to food monitoring the Food Standards regulatory measures. Code and other regulatory • Quality: Improved regulatory measures. impact assessment of risk • Effectively managing and management options. enhancing the standards • Quality: Development and development process. implementation of an evaluation • Providing greater opportunities for strategy to assess the effectiveness community involvement in food and appropriateness of food regulatory processes. standards and other regulatory • Establishing and implementing a measures. common regulatory approach and • Quality: Enhanced risk management evaluation strategies with other outcomes. agencies. • Quantity: Assessment of at least 25 • Developing and maintaining the Applications. effectiveness and efficiency of the organisation.

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Appendix 7 - Functions and Powers

Food Standards Australia New Zealand is a statutory authority established by section 6 of the Food Standards Australia New Zealand Act 1991. The Act came into effect on 19 August 1991. FSANZ is part of the Health and Ageing portfolio and, on day-to-day matters is accountable to the Parliamentary Secretary to the Minister for Health and Ageing, the Hon Trish Worth.

Section 7 of the Act states:

Functions

(1) The functions of the Authority are: (a) in accordance with this Act, to develop standards and variations of standards, and to review standards and variations of standards; and (b) in accordance with this Act, to develop codes of practice and variations of codes of practice for industry and to review codes of practice; and (c) to develop guidelines to assist the interpretation of the Australia New Zealand Food Standards Code on its own initiative or in consultation with the States, the Territories and any other body or person that the Authority considers appropriate; and (d) to promote consistency between standards in Australia and New Zealand with those used internationally, based on the best available scientific evidence; and (e) in consultation with the States and Territories, or on its own initiative, to facilitate the harmonisation of State and Territory laws relating to food; and (f) in consultation with the States and Territories, or on its own initiative, to co- ordinate the development of procedures required to implement requirements set out in standards; and (g) in consultation with the States and Territories, to co-ordinate the monitoring, surveillance and enforcement of activities relating to food available in Australia; and (h) in consultation with the States and Territories, or on its own initiative, to conduct research and surveys in relation to any of the matters that may be included in a standard; and (i) in co-operation with the States and Territories, to develop food education initiatives, including the publication of information to increase public awareness of food standards and food labels; and

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(j) in co-operation with the Department administering Division 1A of Part V of the Trade Practices Act 1974, to co-ordinate the recall of food under that Division; and (k) at the request of the States and Territories, to co-ordinate action by the States and Territories to recall food under State and Territory laws; and (l) to develop assessment policies in relation to food imported into Australia; and (m)to provide advice to the Minister on matters relating to food; and (n) to participate in international, regional and bilateral negotiations on matters that may be included in standards; and (o) to make the Authority’s knowledge, expertise, equipment, facilities and intellectual property available to other persons on a commercial basis; and (p) at the request of New Zealand, to perform functions for New Zealand similar to the functions that the Authority may perform in relation to the States and Territories; and (q) at the request of New Zealand, to perform functions for New Zealand similar to the other functions that the Authority may perform; and (qa) such other functions as are conferred on the Authority by this Act; and (r) any functions incidental to any of the foregoing functions. (2) The function conferred by paragraph (1)(o): (a) can only be exercised: (i) for a purpose for which the Parliament has power to make laws; or (ii) to utilise the Authority’s spare capacity; and does not authorise the Authority to do something that would impede the Authority’s capacity to perform its other functions.

8 Powers

(1) The Authority has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, may: (a) enter into contracts; and (b) acquire, hold and dispose of real or personal property; and (c) occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available for the purposes of the Authority; and (d) engage persons to perform services for the Authority; and (e) provide assistance to bodies or persons to prepare submissions: (i) relating to the development or consideration of draft food regulatory measures or draft variations of food regulatory measures; or

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(ii) relating to the performance of any other function of the Authority; if the Authority determines that such assistance will advance the development or consideration of that draft or the performance of that other function; and (f) accept gifts, grants, bequests and advances made to the Authority (whether on trust or otherwise) and act as trustee of money or other property vested in the Authority on trust; and (fa)form, or participate in the formation of, companies; and (fb)subscribe for or purchase shares in, or debentures and other securities of, companies; and (fc)participate in partnerships, trusts and unincorporated joint ventures; and (g) do anything incidental to any of its powers.

(2) The powers of the Authority may be exercised within or outside Australia.

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Appendix 8 — Current Publications

All publications are available from the FSANZ website, www.foodstandards.gov.au , and limited hard copies of certain publications are available from the Information Officer.

Please note that the hard copy of The Australia New Zealand Food Standards Code and User Guides are available from ANSTAT, https://anzfa.anstat.com.au. The booklet, “The Official Shopper’s Guide to Food Additives and Food Labels’ is available from Murdoch Books or from major booksellers, newsagents or supermarkets.

Title Description

1994 - 95 Survey of the microbiological status of This publication aims to provide information on foods the microbiological status of selected foods to assist in the development or review of microbiological specifications and codes of hygiene practice.

Published 1995.

A guide to meeting the standard drink-labeling This guide is to assist alcoholic beverage requirement for alcoholic beverages. manufacturers and importers meet the requirement to label each container with the number of standard drinks in the container. This includes bottles, cans, and casks.

Published 1995, still current.

Annual Report A report to the Australian Parliament on FSANZ’s activities for the year.

Annual publication.

ANZFA’s Role in Health Promotion Position Paper Series number 1

Published May 2001.

AUSNUT CD-ROM Australian Food and Nutrient Database. AUSNUT is FSANZ’s first ever data release on CD Rom. The AUSNUT CD contains a set of 7 inter-related data files and explanatory notes that contain a wealth of descriptive and numerical data on the food and nutrient composition of Australian foods.

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First published 1999.

Available from the Information Officer, FSANZ $A434.50 including GST

Australian Total Diet Survey (formerly the This survey monitors pesticide and contaminant Australian Market Basket Survey) residues present in food and estimates their intake in the diets of Australians. FSANZ uses this information when developing food standards- published 2001.

Latest edition February 2003.

Code of practice on nutrient claims in food labels The code of practice provides ensure provision of and in advertisements (CoPoNC) consistent and accurate information about Nutrient content of foods. It provides a basis for self-regulation of nutrient claims by the food Industry.

Published January 1995. Under review and available from website only.

Community Involvement Policy and Protocol A protocol aimed at ensuring that people interested in food standards matters know how to be involved, become involved and can see how issues are considered.

Published September 2001.

Community Involvement Strategy A report outlining FSANZ’s actions to ensure community involvement in standards development and food standards issues.

Published June 2000.

Corporate Plan The corporate plan sets out FSANZ’s direction for the year ahead. Latest edition 2003 – 2006.

Printed April 2004.

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Development of a Consultation Strategy for Outlines the results of workshops to seek the Aboriginal and Torres Strait Islander Peoples in views of Indigenous people on how to develop a Australia - Report from Barbara Flick relationship and ongoing consultation arrangement with FSANZ.

Published July 2001.

Equivalence: Draft – Proposed guidelines for Guidelines drafted by FSANZ for determining the determining the equivalence of food safety equivalence of food safety measures in a measures consistent and transparent manner.

Published May 2002.

Evaluating benefits and costs of food regulation: A study examining the feasibility of developing an a scoping study econometric model that would quantify the impact of food regulation on the economy.

Published March 2002.

Evaluating the Folate – Neural Tube Defect Health An evaluation of the health claim that Claim Pilot communicates the link between increased maternal folate consumption and a reduction in the incidence of neural tube defects.

Published September 2000.

Fact sheets for industry: These fact sheets provide an overview of the Code' s requirements and related food • Wine and the labelling of certain information. substances that may cause adverse reactions Published – Range of dates and updated • Microbiological limits accordingly. • Country of Origin labelling • Alcoholic Beverages and Food Containing Alcohol • Representations about Food • Legibility Requirements • Ingredient Labelling • Percentage labelling of characterising food ingredients and components • Surface area of a small package • Stock in Trade provisions • Food Additives: How are food additives regulated? • Dairy Products

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• Food requiring pre-market clearance: GM food, irradiated food and novel food • Overview of food labelling • Non-alcoholic Beverages • General information on the new Code • Date Marking requirements for food • Mandatory warning and advisory statements and declarations: extended food labelling for people with food allergies, sensitivies or intolerances • Cereals, fruits, vegetables and edible oils • Meat, eggs and fish • New nutrition information requirements on food labels

Food Safety General Fact Sheets: For business and enforcement agencies. Published May 2001. Updated June 2004. • New Food Safety Standards for Australia • Food Safety Standard 3.1.1 Interpretation Also available from States and Territories and Application • Food Safety Standard 3.2.1 Food Safety Programs • Food Safety Standard 3.2.2 Food Safety Practices and General Requirements • Food Safety Standard 3.2.3 Food Premises and Equipment • Food Safety Standards – Definitions • State & Territory enforcement of the Food Safety Standards • Food Safety Standards – Sources of information & advice

Food Safety Facts Sheets for Charities and Easy to use fact sheets for charities and Community Organisations community organizations to help explain the new food safety requirements • An introduction to new Food Safety Standards Published August 2002. • Notification • Skills and knowledge • Labelling • Temperature control • Sausage sizzles and barbecues • Preparing and cooking food • Transporting food • Camping • Health and hygiene for food handlers

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Feedback and Complaints A brochure explaining our feedback and complaints process.

Published April 2001.

Food industry recall protocol This booklet is a step-by-step guide to carrying out food recalls. It explains what must be done when food products have to be recalled from shops or consumers for health and safety reasons.

First published June 1994. Latest edition 5th September 2002 and print rerun June 2004.

Food Labelling Issues: Qualitative Research with A report outlining qualitative research on labelling Stakeholders issues.

Published June 2002.

Food labels: What do they mean? (Poster) A full First published October 2001. Print reruns 2002, colour A2 poster explaining the changes to food 2003, 2004. labels.

Food Safety Standards – costs and benefits A report of the regulatory impact of the proposed national food safety reforms on the food industry and state, territory and local government.

Published 1999.

Food Safety Standards 3.1.1, 3.2.2, 3.2.3 Booklet Chapter 3 of the Australia New Zealand Food Standards Code (Australia only) including 3.1.1 Interpretation and Application; 3.2.2 Food Safety Practices and General requirements; 3.2.3 Food Premises and Equipment.

Published March 2001.

Available from Anstat, https://anzfa.anstat.com.au/ at a cost.

Food Safety Standards Food Safety programs Booklet. Chapter 3 of the Australia New Zealand Food Standards Code (Australia only) Standard 3.2.1 Food Safety Programs.

Published March 2001.

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Food Safety Standards for Food Businesses in Brochure outlining the three food safety Australia standards that apply to food businesses in Australia.

Published April 2001.

Food Safety: Framework for the Development of A guide to the production of practical, easy-to- Food Safety Program Tools use tools for food businesses.

Published July 2001.

Food Safety: An Audit System An information paper outlining an audit system developed for the purpose of auditing food safety programs

Published January 2001.

Food Safety: Guidance for food safety auditors Information on compliance assessment of Food Safety Programs and Food Safety Standards.

Published October 2001.

Food Safety: Guidelines for the microbiological This document provides assistance in the examination of ready-to-eat foods interpretation of microbiological analyses of foods.

Published December 2001.

Food Safety: Skills and knowledge for food Booklet on skills and knowledge requirement of businesses Food Safety Standard 3.2.2.

Published March 2002.

Food Safety: Temperature control of potentially Booklet on the temperature control requirements hazardous foods of standard 3.2.2.

Published April 2002.

Food Safety: The priority classification system for A risk based system designed to classify food food businesses businesses into priority ratings based on the risk they present to public health and safety. This information paper outlines the system and describes how to apply it to food businesses.

Published January 2001.

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Food Standards News A bi monthly newsletter about the key issues and (formerly known as ANZFA News) significant projects undertaken by FSANZ.

First published as ANZFA News May 1998.

Published as Food Standards News from Feb 2001. Available by email, limited hard copies.

Food Surveillance A twice yearly publication co-coordinating (formerly Foodwatch) microbiological and other food safety studies from the States and Territories

First published Spring 2001.

Available by email.

For asthma sufferers the facts about sulphites This is a fact sheet, which sets out information on in food what are sulphites, why are they added to foods and who should be alerted to sulphites in foods.

Updated Sept 2001.

FSANZ/ANZFA Evaluation Strategy A scientific and technical evaluation to measure 2001– 2003 the impact of implementing the new joint Australia New Zealand Food Standards Code.

Published November 2001.

FSANZ Evaluation Strategy 2004 – 2008 Outlines the strategy for undertaking a scientific and technical evaluation of new key food regulatory measures developed by Food Standards Australia New Zealand (FSANZ).

Published May 2004.

General Fact sheets: 2000 - 2004 Fact sheets on particular food issues relevant to the year. Available on website only.

Genetically Modified Foods Brochure about the labelling of genetically modified foods

Published November 2001.

GM foods and the consumer FSANZ’s safety assessment process for genetically modified foods

Published June 2000.

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Involving Maori in ANZFA - A framework for Report on how FSANZ seeks to ensure that the action based on the Treaty of Waitangi guarantees contained in the Treaty of Waitangi are considered and accorded an appropriate priority.

Published May 2002.

Listeria and Food brochure. An easy-to-read brochure which explains how to reduce the risk of contracting the Listeria infection – specifically for women who are planning to have a baby or are already pregnant. A guide inside the brochure sets out foods which are safe and those at ‘higher risk’ of Listeria contamination

Reprinted June 2001.

Undergoing review – available July 2004.

Listeria Recall Guidelines for Packaged Ready-to- Recall Guidelines for Packaged Ready-to-eat Eat foods foods found to contain L. monocytogenes.

Published April 2001.

National Competition Policy review of the Food Report on reviewed of the Food Standards Code Standards Code under National Competition Policy

Published February 2002.

National Competition Policy review of the Food Reports the Government’s response to the Standards Code: The Government's Response National Competition Policy review of the old Australian Food Standards Code.

Published April 2002.

Australia New Zealand Food Standards Code This document is Volume 2 of the Australia New Zealand Food Standards Code, published as the Food Standards Code as adopted by the Australia New Zealand Food Standards Council on 24 November 2000.

Available in loose-leaf form by subscription from Anstat and from website free-of-charge.

Nutrition information panel calculator A database to allow industry to calculate NIPs

Released August 2001.

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Report on Aboriginal & Torres Strait Islander A report on a one day community meeting in Consultation in Melbourne Melbourne for Indigenous community organisations and its members together with relevant government departments.

Published September 2002.

Safe Food Australia 2nd Edition January 2001 (A This book contains Chapter 3 of the Australia Guide to the Food Safety Standards) New Zealand Food Standards Code (Applies to Australia only). The guide had been prepared to assist with the interpretation of three of the food safety standards in Chapter 3 of the Australia New Zealand Food Standards Code. They are: 3.1.1 Interpretation and Application; 3.2.2 Food Safety Practices and General requirements; 3.2.3 Food Premises and Equipment

Available from Anstat at cost and from the website free-of-charge.

Safety Aspects of Dietary Caffeine – Report from Report on examination on the wider aspects of the Expert Working Group the safety of dietary sources of caffeine.

Published June 2000.

Service Charter A pamphlet to describing ANZFA/FSANZ’s role and commitment to service.

Published May 2001.

Standards Decision Making Framework A Report to ANZFSC

Published November 2001.

Submission to the NZ Royal Commission on Submission provides factual background Genetic Modification information on FSANZ, its statutory processes and the regulation of genetically modified foods in Australia and New Zealand.

Published November 2001.

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Food Safety Technical Fact Sheets The Food Safety Fact Sheets are also available (website only) in the following languages: Arabic, • Food handling skills and knowledge Cambodian, Chinese, Croatian, Greek, Hindi, • Food business notification requirement Italian, Indonesian, Macedonian, Serbian, • Health and hygiene: Responsibilities of Spanish, Filipino/Tagalog, Thai, Turkish and food handlers Vietnamese . • Health and hygiene: Responsibilities of food businesses Published May 2001. • Receiving food safely • Food recall systems for unsafe foods • Thermometers and using them with potentially hazardous food • Temperature control requirementsA series of fact sheets for food businesses.

Technical Report Series (x27) A series of scientific and technical papers. Technical Series 1 – 14, published March 2002. 1 Phomopins in Food: Toxicological Review Technical Series 15 - 27, published June 2003 and Risk Assessment 2 Pyrrolizidine Alkaloids in Food: A Toxicological Review and Risk Assessment 3 Lupin Alkaloids in Food: A Toxicological Review and Risk Assessment 4 Food Derived from High Oleic Acid Soy Bean Lines G94-1, G94-19 and G168: A Toxicological Review and Risk Assessment 5 Food derived from Insect Protected Corn Line MON810: A Safety Assessment 6 Food Derived from Glyphosate-Tolerant Cotton Line1445: A Safety Assessment 7 Food Derived from Glyphosate-tolerant Corn Line GA21: A Safety Assessment 8 Food Derived from Glyphosate-tolerant Corn Line GT73: A Safety Assessment 9 Food Produced from Insect-Protected Bt- 176 Corn: A Safety Assessment 10 Food Derived from Insect-Protected, Herbicide Tolerant Corn Bt-11: A Safety Assessment 11 Food Derived from Insect-Protected (New leaf R) Potato Lines BT-06, ATBT-04, ATBT04-36, SPBT02-05: A Safety Assessment 12 Food Derived from Insect and Potato Leafroll Virus Protected (New leaf R plus) Potato Lines RBMT21-129, RBMT21-350, RBMT22-83: A Safety Assessment

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13 Food Derived from Insect and Potato Virus Y-Protected (New Leaf R Y) Potato Lines RBMT15-101, SEMT15-02, SEMT15-16: A Safety Assessment 14 Shellfish Toxins in Food: A Toxicological Review and Risk Assessment 15 Chloropropanols in food - An analysis of the public health risk 16 Oil derived from glufosinate-ammonium tolerant and pollination controlled canola - A Safety Assessment 17 Food derived from bromoxynil-tolerant cotton transformation events 10211 and 10222 - A Safety Assessment 18 Food derived from insect-protected and glufosinate ammonium-tolerant DBT418 corn - A Safety Assessment 19 Food derived from bromoxynil-tolerant canola line Westar-oxy-235 - A Safety Assessment 20 Monosodium Glutamate (MSG) - A Safety Assessment 21 Erucic acid in Food - A Toxicological Review and Risk Assessment 22 DHASCO and ARASCO oils as sources of long-chain polyunsaturated fatty acids in infant formula - A Safety Assessment 23 Food derived from glufosinate ammonium tolerant corn line T25 - A Safety Assessment 24 Food produced from glyphosate-tolerant sugar beet Line 77 - A Safety Assessment 25 Food produced from glyphosate-tolerant corn line NK603 - A Safety Assessment 26 Listeria monocytogenes in cooked prawns - A Microbiological Survey report 27 Dioxins in food:Dietary Exposure Assessment and Risk Characterisation

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The National Food Business Notification System A paper developed by the National Food – Information for State and Local Governments Business Notification System Working Group, coordinated by ANZFA/FSANZ.

Published June 2001.

The National Food Business Notification System: A paper developed by the National Food Information for State and Local Governments Business Notification System Working Group, coordinated by the ANZFA/FSANZ.

Published June 2001.

The Official shopper’s guide to food additives and A quick and easy guide to Australian food labels food labels and additive code numbers in a handy pocketsize format. This guide is a convenient way to check food labels as you shop, to let you know what the additive is and what it does. Additives are substances added to food such as colour, thickeners and flavours.

Published September 2002.

Available from Murdoch Books or from major booksellers, newsagents or supermarkets.

RRP A$4.95.

User guides: FSANZ Guidelines to assist industry and enforcement agencies with the interpretation and 1. Overview of Food Labelling application of the joint code. 2. Legibility Requirements for Food Labels 3. Information Requirements for Foods Published July 2001. Exempt from Bearing a Label 4. Warning and Advisory Declarations Available in loose-leaf form by subscription from 5. Ingredient Labelling Anstat, https://anzfa.anstat.com.au/ 6. Food Additives 7. Microbiological Limits for Foods (with additional guideline criteria) 8. Generally Expected Levels (GELs) for Metal Contaminants 9. Methods of Analysis for Food 10. Percentage labelling 11. Nutrition Information labelling 12. Date marking 13. Meat and meat products 14. Labelling Genetically Modified (GM) Food 15. Flavourings and flavouring enhancers 16. Representations about Food 17. Safe Food Australia

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Evaluation Report Series No. 1. Documents research on the awareness and knowledge of safe food handling practices and National Food Handling Benchmark Survey actual food handling practices by food businesses within Australia.

Published December 2001.

Evaluation Report Series No. 2 Qualitative research on labelling issues.

Survey Report: Food Labelling Issues: Qualitative Published December 2001. Research with Consumers

Evaluation Report Series No. 3 Qualitative research on labelling issues

Food Labelling Issues: Qualitative research with Published June 2002. stakeholders other than consumers

Evaluation Report Series No. 4 Quantitative research on labelling issues, Includes CD with PowerPoint presentation of results Consumer Food Labelling survey Printed June 2003.

Evaluation Report Series No. 5 A study conducted to gain qualitative information on food-type dietary supplement labelling from Food Labelling Issues: Qualitative consumer consumers to assist FSANZ in the future study related to food-type dietary supplement development and review of food labelling labelling standards, codes of practice and guidelines.

Published July 2003.

Evaluation Report Series No. 6 A study conducted to gain qualitative information on nutrient content claims on food labels from Food Labelling Issues: Qualitative consumer consumers to assist FSANZ in the future study related to nutrition content claims on food development and review of food labelling labels standards, codes of practice and guidelines.

Published July 2003.

Evaluation Report Series No. 7 Allergen Labelling Standard, an assessment of the impact on consumers. Food Labelling Issues: Quantitative consumer survey related to allergen labelling on food Published February 2004. products

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Evaluation Report Series No. 8 Food Additive Standards, an assessment of the impact on consumers. Quantitative research into the consumption of intense sweeteners in the Australian and New Published February 2004. Zealand Populations

Evaluation Report Series No. 9 Food Standards Australia New Zealand (FSANZ) has undertook a review (Proposal P274) of the Food Labelling Issues: Qualitative consumer minimum age labelling so that infant food study related to food labelling of infant foods labelling reflects the revised Australian guidelines, and also takes into account New Zealand policy.

Published February 2004.

Safe Food for all A2 Poster / brochure on the clearance processes in the food industry from producer to consumer. Includes contact details of organisations involved in Australia.

To be printed 2004.

FSANZ Brochure describing FSANZ and the work it does.

To be printed 2004.

Fact Sheets

• Lupin products and allergies • Fish mislabelling survey – commonly asked questions • Milk – part of a balanced diet • Lead contamination of Cornflour • Intolerance to food additives • Information about Tagatose for Individuals with Disorders in Fructose Metabolism • GM canola safety assessments • Dioxins in food: Questions and Answers • Semicarbazide used as a sealant in jar lids not a food safety risk • Nitrofurans in imported honey and prawns (Australia only) • Bottled wine labelled with a vintage date of 2002 or earlier • Mercury in fish – Further information

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• Consumers advised to limit consumption of Paterson’s Curse/ Salvation Jane honey • FSANZ finds imported prawns safe • FSANZ finds plastic drink bottles not a safety risk • Labelling genetically modified (GM) foods • Mercury in fish • Ensuring a safe Food System • Pesticides in Tea

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Appendix 9 - Categories of Documents Held

Administration

Documents relating to administration include personnel, finance, property and resource management records.

Agreements

FSANZ holds copies of the following agreements

• The Agreement between the Commonwealth of Australia, the States, the Northern Territory of Australia and the Australian Capital Territory in relation to the adoption of uniform food standards (2000). • The Agreement between the Commonwealth of Australia and New Zealand establishing a system for the development of joint food standards which was signed in 1995 and came into effect in 1996. (This document can be found on the Internet under the Australian Treaty Series 1996 Number 12. This link is available from the FSANZ website, www.foodstandards.gov.au together with Links to all relevant legislation).

Application formats and forms

We make available, free of charge, the following application formats and forms.

• Format for applying to amend the Australian Food Standards Code — general. • Format for applying to amend the Australian Food Standards Code — labelling provisions. • Format for applying to amend the Australian Food Standards Code — food produced using gene technology. • Format for applying to amend the Australian Food Standards Code — State, Territory and New Zealand Food Inspectorates. • Format for applying to amend the Australian Food Standards Code — Food Additives. • Guidelines for establishing the toxicological profile of food additives, food processing aids, contaminants and food packaging material.

Food recalls

A full list of the products involved and the reasons for each recall are given in an end-of-year food recall report.

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Briefs, submissions and reports

We prepare and hold copies of briefing papers, submissions and reports relevant to specific functions. Briefing papers and submissions include those prepared for ministers, ANZFRMC, FRSC, DISC and TAG and other committees and conferences. Reports include information reports made to Authority meetings.

Databases

We maintain a wide range of computer databases to support our information and processing needs, including the Australian Nutrient Databank, the AMBS and the Dietary Modelling (DIAMOND). All are held in our Canberra office.

Files

Both paper-based and computer-based records are maintained on the range of FSANZ activities. They primarily relate to the processing of applications or proposals in respect of a draft standard or a draft variation to a standard. While most of these records are held in our Canberra office, some are held in the Wellington (NZ) office.

Finance documents

We maintain a series of documents relating to FSANZ financial management. The series includes our chart of accounts, expenditure and revenue ledgers and appropriation ledger.

Freedom of information enquiries

Initial enquiries concerning access to documents under the Freedom of Information Act 1982 should be directed to the general Manager (Safety, Legal and Evaluation) on (02) 62271 2222

Mailing lists

We maintain, for our own use, mailing lists to disseminate information to key stakeholders, and interested individuals. Documents so distributed include FSANZ annual reports, Food Standards News, food standards, Food Surveillance Australia New Zealand, information circulars, information summaries, Explanatory Notes and Statement of Reasons.

Maps and plans

Maps and plans held are mainly working drawings, plans and specifications for our offices.

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Public register

We maintain a public register for all applications and proposals. All submissions and other information we receive in relation to an application or proposal, together with relevant FSANZ documents, are placed on our public register file for that application or proposal except for commercial-in-confidence information.

The public may inspect all such public register files at our offices in Canberra and Wellington (NZ) for which there is an administrative fee of Aus$22. The charge is waived for community and non-profit organisations.

Review and research

Documents relating to policy review, dietary surveys, labelling research and organisational and communications reviews are held in our Canberra office.

Media Releases

All media releases are available on request. Those issued in the current year are available on FSANZ’s website.

Publications

See Appendix 8 for a list of current publications.

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Appendix 10 – List of Consultants Used During 2003-2004

Consultant Nature of Amount Reason Selection Section Consultancy for Use2 Process Campbell's Qualitative analysis $10,750 1 Selective PP&FS Research & on Interpretative tender Consulting Guides Simon J Buckland Review of report: $1,000 1 Sole Provider MES Dioxins in Food Silliker Microtech Report for Monitoring $60,730 1 Publicly MES System for food advertised labels Queensland Health Fish Substitution $618 6 Sole Provider MES Survey Greg Seberry & Facilitation Service $2,640 6 Preferred PP&FS Associates - Team Building Provider with DOHA Ernst & Young Fraud Control Plan $15,576 1 Selective Corporate tender Database Mining IT Enhancements $17,958 1 Sole Provider Corporate Gaze Commercial Space Planning $1,208 1 Part of existing Corporate NZ contract Hansen Searson Search & Recruitment $15,897 1 Publicly Executive Ford Services for GM NZ Advertised PALM Consulting Facilitation of $4,469 1 Sole Provider Executive Group Planing Workshop Banscott Health FSANZ Strategic $73,091 5 Selective Executive Consulting Review Tender University of Technical Input into $1,310 1,4 Sole Provider RA-M Tasmania Listeria Consultative Meeting Taylor Nelson Sofres Labelling of Infant $40,644 1 Selective PHNS Foods Tender MP Consulting Nutrition, Health $22,652 4 Sole Provider LSI & Related Claims

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Roy Morgan Consumption of $46,509 1 Part of MES Research Intense Sweetners existing Report contract CSIRO Current Status of $11,000 1,2,4 Selective Product Transgenic Animals Tender Standards in Aust & NZ

Total for 03-04 $326,050

2 Reasons for Use 1. Need for specialised skills 2. Rapid access to latest technology and experience in its application 3. Limitations on Executive time 4. Lack of in-gouse resources 5. Need for independent study 6. Need for a change of agent or facilitator

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Appendix 11 - FSANZ Representation

International forums attended Codex Alimentarius Commission/WTO

Date Codex Committee Who attended Country Meeting 26-31 Oct 2003 Codex Committee Peter Liehne Calgary, Canada on Food Labelling - Ad Hoc Meeting 31 Oct 2003 WTO Sanitaryand Greg Roche Geneva, Switzerland Phytosanitary (SPS) 03-07 Nov 2003 26th Nutrition and Janine Lewis Bonn, Germany Food For Special Dietary Uses 17-21 Nov 2003 20th General Janine Lewis Paris, France Principles 01-05 Dec 2003 12th Food Import Steve Crossley, Brisbane, Australia and Export Scott Crerar Certification and Inspection Systems 16 - 20 Feb 2004 10th Meat and Amanda Hill, Auckland, New Poultry Hygiene Bob Boyd Zealand 22 - 26 Mar 2004 37th Food Paul Brent Rotterdam, Holland Additives and Contaminants 29 Mar – 36th Session Luba Tomaska Washington, USA 04 Apr 2004 Food Hygiene 19 - 24 Apr 2004 36th Pesticide Steve Crossley New Delhi, India Residues 10-14 May 2004 32nd Session Food Melanie Fisher, Montreal, Canada Labelling Bob Boyd 28 Jun – 27th Session Codex Marion Healy, Geneva, Switzerland 2 Jul 2004 Alimentarius Rob Knowles Commission

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Other Meetings

Date Meeting Who Attended Country 1-2 July 2003 5th International Judy Cunningham Washington, DC Food Database USA Conference 6-11 July 2003 XIX International Lynda Graf Melbourne, Australia Congress of Chris Branson Genetics Paul Brent 26 Aug 2003 Government and Greg Roche Darussalam, Brunei Stakeholders Meeting of Negra Brunei Darussalam to unndertake an evaluation of their Food Regulatory System 7 – 14 Aug 2003 International Deon Mahoney Louisiana, USA Association for Food Protection Annual Meeting and Workshop 11-15 Aug 2003 3rd Annual Paul Brent Bangkok, Thailand ASEAN-ILSI Training Workshop on Safety and Risk Assessment of Agriculture Related GMO’s 12-15 Oct 2003 Ministry of Science Rob Knowles Beijing, China Chinese Centre for Merrilyn O’Sullivan Disease Control - State Food and Drug Administration – The World Bank – Australian Embassy Beijing 20 - 22 Oct 2003 2nd Seminar & Michelle Fraser Kuala Lumpur, Workshop on Malaysia Harmonisation of Nutrition Labelling & Scientific Basis of Health Claims in ASEAN.

ANNUAL REPORT 2003-2004 APPENDIX 11 193

17 - 21 Nov 2003 FAO/WHO Expert Lisa Kelly Rome, Italy Consultation on Safety Assessment of Foods derived from GM animals, including Fish 18 - 22 Nov 2003 OECD INRA workshop Paul Brent Paris, France on risk assessment of products obtained from cloned livestock 15 - 17 Dec 2003 8th Session OECD Lisa Kelly Paris, France Task Force on Safety Chaired meeting of Novel Foods & Feeds 18 Dec 2003 ILSI Workshop On Lisa Kelly, Paris, France The Nutritional & Safety Assessment of Foods & Feeds made from Crops Nutritionally Improved through Biotechnology 23 Jan FAO/WHO Workshop Steve Crossley Geneva, Switzerland on the Provision of Scientific Advice to the FAO WHO and Codex 19 April 2004 Bilateral Discussions Marion Healy, Vancouver, Canada with Health Canada/ Graham Peachey Canadian Food Inspection Agency 19 - 22 Apr 2004 13th Quadrilateral Marion Healy, Vancouver, Canada Discussions On Graham Peachey Food Safety 5 – 7 May 2004 US FDA & Grocery Bob Boyd Washington, DC, Manufacturers of USA America 14 –23 May 2004 3rd WHO International Peter Wallner Paris, France Total Diet Study Training and Workshop 15 - 23 May 2004 Health Canada Judy Cunningham Ottawa, Canada – Health Claims Bob Boyd 18 May 2004 Joint Government/ Melanie Fisher Ottawa, Canada Food Safety Forum Bob Boyd

194 APPENDIX 11 FOOD STANDARDS AUSTRALIA NEW ZEALAND

24 - 27 May 2004 FAO/WHO Regional Melanie Fisher Seremban, Conference on Food Hikmat Hayder Malaysia Safety for Asia & the Pacific 8 - 17 June 2004 63rd Session Joint Peter Abbott Geneva, Switzerland (FAO/WHO) Expert Committee on Food Additives (JECFA) 2-25 June 2004 Chinese Food Graham Peachey Beijing, China Regulatory Agencies, Merrilyn O’Sullivan

Speaking Engagements

Date Event Presenters Title 2 July 2003 5th International Food Judy Cunningham On line nutrition Data Base Conference, labelling tool – the Washington, DC Australian experience Visiting PhD Student Jonathon Kite Nutrition related Symposium, University activities of FSANZ of Canberra 8 July 2003 Wellington Branch of Victoria Landells Nutrition related NZDA Vicky Scott activities of FSANZ Hugh Baber Janine Lewis 11 July 2003 Institute of Food Peter Abbott Australia/New Technologists annual Zealand meeting. Product Approval Pre-meeting education Process courses. Chicago, USA 14 July 2003 Toxicology Forum Peter Abbott Safety Assessment Meeting, of GM Foods in Aspen, USA Australia and New Zealand 17 July 2003 World Congress of Peter Abbott Australian New Food Science and Zealand Approach Technology (IUFoST), to Food Allergens Chicago, USA 28 July 2003 5th Annual Food Graham Peachey Keynote Address: Composition and Food Standards in a Labelling Standards Changed Conference Environment

ANNUAL REPORT 2003-2004 APPENDIX 11 195

Aug 2003 International Dairy Marion Healy Regulatory Federation Symposium Challenges – How /AIFST Conference, Dairy is Faring Melbourne Aug 2003 Australian-Taiwan Marion Healy Regulating Workshop on Food Genetically Modified Biotechnology, Sydney Food and Crops in Australia 24-27 Aug 2003 36th Annual AIFST Poster Presentation Regulation of food Convention “Food & Jim Gruber, additives. Leading the Way”, Mark Fitzroy & Regulation of Melbourne Dean McCullum porcessing aids in food. Sept 2003 Annual Meals on Margaret Curran Labelling Wheels Conference Standards 17-18 Sept 2003 Seafood Directions Deon Mahoney The Seafood 2003, Perth Primary Production and Processing Standard: What it means to you. 25 Sept 2003 University of Otago Vicky Scott Food labelling from a ‘non nutritionist’ perspective Oct 2003 Dairy Industry Marion Healy Regulatory Association of Australia Response to A2 Milk Conference (NSW Branch), Sydney Oct 2003 Invited Lectures at Marion Healy Regulating Food in James Cook Australia; Assessing University, Townsville the Safety of Genetically Modified Food 8-11 Oct 2003 8th ASEAN Food Rob Knowles Contemporary Conference, Vietnam Approaches to Food Regulation: Application in the Asia-Pacific Region 14 Oct 2003 Australian Institute of Hong Jin FSANZ Risk Food Science and Analysis Framework Technology (Vic - Campylobacteriosis Branch), Melbourne and the Development of a Production and Processing Standard for Poultry Meat.

196 APPENDIX 11 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Oct 2003 Bundesamt fur Greg Roche Australia & New Verbraucherschutz und Zealand Food Lebensmittelsicherheit Safety System BVL (Federal Office of Consumer protection & Food Safety), Berlin Oct 2003 Bundesinstitut fur Greg Roche Introduction to Risikobewertung FSANZ & Dairy (Bundesinstitut for Food Safety Risk Evaluation), Berlin 22 Oct 2003 MEAA 4th Annual Lydia Buchtmann Event Management Public Affairs in Public Affairs: Convention, Canberra Food Safety Week 27 Oct – Training Course in Risk Deon Mahoney, Training Program 7 Nov 2003 Assessment of Narelle Marro, addressing the Microbiological Hazards Hong Jin, microbiological in Food (Funded by Nola Tomaska risk analysis, with AusAid / APEC) emphasis in risk Ho Chi Minh City, assessment Vietman (hazard characterisation (hazard identification, exposure assessment and risk, characterisation) 12-13 Nov 2003 Annual Conference of Amanda Hill & FSANZ Risk Australian Veterinary Hong Jin Analysis Framework, Poultry Association, Melbourne Melbourne 17 Nov 2003 Fish Receivers Rob Solomon Progress on the Industry Consultative Seafood Primary Committee, Sydney Production and Processing Standard 27 Nov 2003 NSW Poultry Health Hong Jin & Food Regulation Liaison Group, Camden Duncan Craig and the Poultry Industry 1 Dec 2003 12th Session of Codex Peter Milne Opening Address Alimentarius Committee on Food Imports and Export Inspection and Certification, Brisbane

ANNUAL REPORT 2003-2004 APPENDIX 11 197

9 Dec 2003 Safety Assessment of Peter Abbott Overview of the Flavours – Indonesia Australia/New Roundtable, Jakarta, Zealand Flavour Indonesia Regulations 9 Dec 2003 3rd ASEAN Food Peter Abbott 1. Overview of the Safety Standards Australia/New Harmonisation Zealand Flavour Workshop, Regulation Jakarta, Indonesia. 2. Regulation of food contaminants in Australia/New Zealand 10 -11 Dec 2003 2nd Risk Assessment Hong Jin, Regulatory Systems for Health & Safety Glenn Stanley in Australia, Workshop Taipei, Principles of Taiwan Microbiological and Chemical Risk Assessment 10 - 11 Dec 2003 3rd ASEAN Food Peter Abbott JECFA Procedures Safety Standards in Relation to Harmonisation Contaminants. Workshop, Regulation of Food Jakarta, Indonesia Contaminants in Australia/New Zealand 12 Dec 2003 National Short Duncan CraigAssessing Courses in Microbial Food Environmental Health, Safety Risks Adelaide Jan 2004 World Spices Forum, Greg Roche Regulation of Hyderabad, India Chemicals in Asia and the Pacific Jan 2004 International Workshop Peter Abbott Food Regulation on Anthocyanins, and Functional Sydney Food in Australia/New Zealand 11 Feb 2004 Australian Science Symposium on Poultry Amanda Hill Meat, Sydney 19 Feb 2004 AFGC Forum on Food Rob Knowles Food Standards Allergens: Issues and Australia New Solutions for the Food Zealand’s Regulatory Product Manufacturer, approach to food Sydney allergens

198 APPENDIX 11 FOOD STANDARDS AUSTRALIA NEW ZEALAND

24 Feb 2004 Australian Food & Kelly Crouch Product Security Grocery Council, Workshop Sydney 23 – 27 Feb 2004 Capacity Building Lisa Kelly, FSANZ Food Training Workshop Lynda Graf, Regulation in the Safety Marion Healy, Concepts & Assessment Of Paul Brent Principles of Food Genetically Modified Safety Risk (GM) Food, Assessment Bangkok, Thailand Safety Assessment Of Genetically Modified (GM) Food Future Challenges for Safety Assessment of Novel Foods International Harmonisation Activities Mar 2004 4th ASEAN Paul Brent Conference on Food & Nutrition Safety Bali, Indonesia 10 March 2004 FSANZ Workshop on Jane Allen Functional Foods Bioactives ingredients in Food – safety and efficacy 10 March 2004 FSANZ Workshop on Janine Lewis Traditional Bioactives ingredients approach to in Food – safety and fortification efficacy, Canberra 10 March 2004 FSANZ Workshop Leanne Laajoki Novel foods and on Bioactives food ingredients ingredients in Food – safety and efficacy 10 March 2004 FSANZ Workshop on Michelle Fraser Efficacy of Bioactive ingredients ingredients in Food – safety and efficacy 25 March 2004 New Zealand Food Victoria Landells Developing the and Beverage Law Food Standards Conference Code

ANNUAL REPORT 2003-2004 APPENDIX 11 199

5 April 2004 University of Otago Vicky Scott Food labelling 7 April 2004 Nutrition and Dietetic Tracy Hambridge What Australians students, University of Eat Wollongong 8 April 2004 Dietetic Students, Victoria Landells Food Standards University of Otago Australia New Zealand 20 April 2004 Food Industries Craig Jamieson Association Queensland Inc, Queensland 20 April 2004 RIVM – The National Erika Turkstra Overview of the Institute of Public Australia/New Health & Environment, Zealand Novel Food Centre for Substances Regulations and Integral Risk Assessment, Bilthoven, The Netherlands 21-22 April 2004 5th Asia Pacific Poultry Amanda Hill & Risk Assessment Health Conference, Deon Mahoney and the Gold Coast Development of a Poultry Meat Primary production and Processing Standard 24 April 2004 Australasian Soft Graham Peachey Food Regulation Drink Association, Leura NSW 28 April 2004 Quarantine and Graham Peachey Food Imports and Exports Advisory Food Regulation Council, Canberra April 2004 Risk Assessment and Amanda Hill & Risk assessment the Development of Deon Mahoney and the Poultry Meat Primary development of a Production and Poultry Meat Processing Standards, Primary Production Gold Coast and Processing Standard May 2004 Invited Lectures at Marion Healy Practical University of Application of Queensland, Brisbane Risk Analysis May 2004 AVA Annual Marion Healy Raw Milk – Conference, Canberra Blessing or Curse?

200 APPENDIX 11 FOOD STANDARDS AUSTRALIA NEW ZEALAND

20 May 2004 Food Science and Victoria Landells Food Labelling Nutrition Students, Standards in New University of Otago Zealand 20-22 May 2004 Dieticians Association Jane Allen Scientific risk Australia 22nd National analysis of foods: Conference, Melbourne focus on fortification 20-22 May 2004 Dieticians Association Janis Baines Allergen labelling Australia 22nd National survey, posters on Conference, Melbourne consumer labelling survey and intense sweetener consumption survey 20-22 May 2004 Dieticians Association Sonia Bradley Consumer Australia 22nd National perceptions and the Conference, Melbourne use of nutrition content claims. 17 – 28 May 2004 Building Regulatory Deon Mahoney, Presentations on Frameworks – Sino- Laura Harrison, Food Regulatory Australia Food Safety Scott Crerar, Framework Technical Training Marion Healy, Nanjing, China Peter Abbott 26 May 2004 Workshop on Michelle Fraser Preliminary advice Functional Foods. on establishing Co facilitated between priorities for high FSANZ and the level claims for national Centre of FSANZ Excellence on pre-approval. Functional Foods (NCEFF). May 2004 FAO/WHO Regional Melanie Fisher Conference on Food Safety for Asia and the Pacific 7-8 June 2004 Association of Graham Peachey An Apple a Day Regulatory and keeps the Doctor Clinical Scientists away – Food Annual Scientific Medicinal Products Congress, Sydney

ANNUAL REPORT 2003-2004 APPENDIX 11 201

21 – 24 June 2004 NZIFST – DIANZ Dean Stockwell, Guidelines for Conference, “Great Bob Boyd, Application to Science! Great Food!” Dean McCullum, amend Food Hamilton, New Jim Gruber Standards Code, Zealand and Vicki Pow Health Claims, Industry & Research, Food Additives & Processing Aids 24 June 2004 NZFSA Consumers’ Elaine Attwood Outlining the Forum Australian system for consumer consultation.

202 APPENDIX 12 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Appendix 12 - Published Works

Hamilton, D., and Crossley, S., 2004, Pesticide Residues in Food and Drinking Water: Human Exposure and Risks, Wiley Scientific Book Publications.

Cunningham, J., Trevisan, L., and Milligan, G., 2004, Lessons learned from providing a free nutrition labelling tool for industry-the Australian experience, Journal Food Composition & Analysis, Volume 17,: 565-574.

P.Abbott, J.Baines, P.Fox, L.Graf, L.Kelly, G.Stanley, & L.Tomaska, 2003, Review of the regulations for contaminants and natural toxicants. Food Control 14: 383-390.

P.Brent, D.Bittisnich, S.Brooke-Taylor, N. Galway, L.Graf, M.Healy, & L.Kelly, 2003, Regulation of genetically modified foods in Australia and New Zealand. Food Control 14: 409-416.

S. Brooke-Taylor, J. Baines, J. Goodchap, J. Gruber, & T. Hambridge, 2003, Reforms to food additive regulation in Australia and New Zealand, Food Control 14 (6): 375-382.

J.Baines, S. Crerar & T.Johnson, 2003, Evaluating the effectiveness of the joint Australian New Zealand Food Standards Code,Food Control 14 (6): 439-446

M.Healy, S.Brooke-Taylor & P.Liehne (Australia), 2003, Reform of food regulation in Australia and New Zealand, Food Control 14 (6)): 356-365

J.Gruber, S.Brooke-Taylor, J Goodchap & D.McCullum (Australia) 2003, Food Control 14 (6): 367-373

S.K.Hasell (New Zealand) & M.A. Salter (Australia), 2003, Review of the microbiological standards of foods, Food Control 14 (6): 391-398

J.Lewis, L.Broomhead, P.Jupp & J.Reid (Australia), 2003, Nutrition considerations in the development and review of food standards, with particular emphasis on food composition, Food Control 14 (6)): 399-407

P.Brent, D.Bittisnich, S. Brooke-Taylor, N.Galway, L. Graf, M. Healy & L.Kelly (Australia), 2003, Regulation of genetically modified foods in Australia and New Zealand, Food Control 14 (6): 409-416

T.Rumble, A.Wallace, C.Deeps, K.McVay, M.Curran, J.Allen, J.Stafford & A. O’Sullivan (Australia), 2003, New food labelling initiatives in Australia and New Zealand, Food Control 14 (6)): 417-427

ANNUAL REPORT 2003-2004 APPENDIX 12 203

T.Martin, E.Dean, B.Hardy, T.Johnson, F. Jolly, F. Matthews, I.McKay, R.Souness & J. Williams (Australia), 2003, A new era for food safety regulation in Australia, Food Control 14 (6): 429-438

J.Baines, S.Crerar & T.Johnson (Australia), 2003, Evaluating the effictiveness of the joint Australia New Zealand Food Standards Code, Food Control 14 (6): 439-446

M.Healy (Australia), 2003, Regulatory Challenges – How Dairy is Faring, Australian Journal of Dairy Technology 58, 122-125

Allen, J.L., Healy, M., and Lewis, J.L., 2004, Scientific risk analysis of foods and food components: focus on fortification, Proceedings Dieticians Association Australia, 22nd National Conference, Melbourne 21-22 May 2004.

204 APPENDIX 13 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Appendix 13 - FSANZ Board Members Qualifications, Experience and Attendance, Audit Committee Members and Attendance

Food Standards Australia New Zealand

Board Attendance 2003-2004 Meetings Teleconferences

The Hon Rob Knowles (Chairman) 5/5 3/3

Mrs Elaine Attwood 5/5 3/3

Professor Ken Buckle 5/5 3/3

Dr John Craven 5/5 3/3

Professor Chris Hudson 5/5 3/3

Mr Graham Peachey 5/5 3/3

Mr Peter Milne 5/5 3/3

Professor Kerin O’Dea 5/5 1/3

Ms Hikihiki Pihema 5/5 1/3

Mr Owen Symmans 5/5 3/3

Professor Ray Winger 5/5 1/3

Dr Heather Yeatman 5/5 3/3

Observer:

Mr Craig Sahlin (Chair of DISC) 1/1 0/0

Ms Barbara Wilson (Chair of ISC) 2/3 0/3

ANNUAL REPORT 2003-2004 APPENDIX 13 205

FINANCE AND AUDIT COMMITTEE ATTENDANCE (2002 - 2003)

Mr Peter Milne chaired the Committee in 03-04. The other members were the Hon Rob Knowles, Professor Ray Winger and Professor Chris Hudson. Other members may sit in if they wish.

Mr Peter Milne Chair (Chair) (from January 2004) 3/3

Professor Chris Hudson (Chair) (until December 2003) 3/3

Professor Ray Winger 3/3

The Hon Rob Knowles 3/3

Food Standards Australia New Zealand Board expertise and experience (2003-04)

The Hon Rob Knowles (Chairman)

The Hon Rob Knowles [s.40(1)(a)], Chair of the Board, is a consultant /adviser in the health sector and is currently the Commissioner for Complaints for the Commonwealth Government's Aged Care Program. Mr Knowles has a very high level of expertise in the field of public administration, having been a senior Minister in the Victorian Government for seven years, and has extensive knowledge of food regulation through his experience as Minister for Health

Mrs Elaine Attwood

Mrs Elaine Attwood [s.40(1)(d)] has a strong background in the field of consumer advocacy where she has served voluntarily for over twenty-five years, initially in a personal capacity and later with a number of consumer organisations. These include peak consumer groups such as the Consumers' Federation of Australia, (formerly AFCO), Consumers' Health Forum and The National Council of Women of Australia at the national level with the Consumers' Association and The National Council of Women of South Australia and the Department of Human Services at state level. She is also an associate member of the Public Health Associations of Australia. Her particular consumer interests have centred around food, health and safety issues.

Professor Ken Buckle

BSc (Hons 1, Medal) and PhD [s.40(1)(f)] is a food technologist and holds the Chair of Food Science and Technology at The University of New South Wales in Sydney. He is a former Head of the Department of Food Science and Technology (1994-2000), Head of the School of Applied Bioscience (1998-2000), and Associate Dean (International Development) for the Faculties of Life Sciences and of Science (2000-03). His teaching and research interests

206 APPENDIX 13 FOOD STANDARDS AUSTRALIA NEW ZEALAND

cover food preservation and processing, food storage and stability, traditional food processing technologies and food safety. He is the author / co-author / editor of over 130 technical publications including 8 books and manuals. He is a Fellow of the International Academy of Food Science and Technology (of which he is the Immediate Past President), the Australian Academy of Technological Sciences and Engineering, and of the Australian Institute of Food Science and Technology (of which he was President 1995-97). He was a member of the Independent Expert Panel that assisted in the evaluation of the Codex international food standards system (2002-03) for FAO and WHO, and is the Chair of the Scientific Council of the International Union of Food Science and Technology (2003-06).

Dr John Craven

Dr John Craven BVSc (Hons) MVSc PhD MACVSc [s.40(1)(f)] is a veterinarian with post- graduate qualifications in microbiology and pathology. His research interests have primarily been in the areas of identifying the causes of neonatal diarrhoea in animals and in preventing spread of food poisoning organisms from animals to people. He has been Director of the central Victorian veterinary diagnostic and research laboratory and held other senior positions in the Victorian Department of Agriculture and Rural Affairs (now Department of Primary Industries). Dr Craven was, for seven years, a Portfolio Manager for the Dairy Research and Development Corporation and is currently Director of Terip Solutions Pty Ltd. He has considerable experience in working with rural communities to improve agricultural productivity and sustainability by development and subsequent adoption of technology.

Dr Laurence Eyres

Dr Eyres BSc (Hons) MBA PhD [s.40(1)(c) has expertise in food science and his present research and professional speciality is quality assurance and research and development of food products, particularly oils and fats. He has worked in industry for over 30 years and brings a food technology, industry and New Zealand perspective to the Board.

Professor Christopher Hudson

Professor Chris Hudson PhD MSc FAIFST FTSE [s.40(1)(g)] is a Director of Meat and Livestock Australia, and Food Science Australia. He is Chairman of the Advisory Board of the Australian Food Safety Centre of Excellence. Professor Hudson has worked in the food industry over a period of thirty years in Australia, New Zealand, USA and Asia. He is an Adjunct Professor at the University of Queensland, in the field of food science and technology, and a Professorial Fellow at the University of Wollongong. He is a member of the Advisory Board of the Key Centre for Polymer Colloids at the University of Sydney. Professor Hudson was President of the Australian Institute of Food Science and technology, 1999 - 2001.

ANNUAL REPORT 2003-2004 APPENDIX 13 207

Mr Peter Milne

Mr Peter Milne [s.40(1)(g)] has worked all his life in the Australia cattle industry and has managed Cracow Station in Central Queensland for many years. He has been active in rural industry organisations and involved in training, industrial relations, on-farm QA , R & D and marketing. He was Chairman of the Red Meat Advisory Council in 2001, on the Executive of the National Farmers Federation for four years and President of the Cattle Council of Australia until November 2001. He is a member of the National Institute of Accountants and a Fellow of The Taxation Institute of Australia.

Professor Kerin O'Dea

Professor Kerin O'Dea PhD BSc [s.40(1)(e)] took up a five-year appointment as Director of the Menzies School of Health Research in June 2000. Her previous appointments were at Monash University (Professor of Nutrition and Preventive Medicine) and Deakin University where she held senior academic and administrative positions (Professor of Human Nutrition, Dean of Faculty of Health and Behavioural Sciences, Pro Vice Chancellor-Research) between 1988 and 1998. Her research focus is on lifestyle-related chronic diseases (obesity, diabetes and vascular disease), Indigenous health, and public health nutrition. Her research spans the spectrum from basic sciences (biochemistry and physiology) through clinical research and population health. She is probably best known for her novel research on the marked health impact of temporary reversion to traditional hunter gatherer lifestyle on diabetes and associated conditions in Australian Aborigines.

Ms Hikihiki Pihema

Ms Hikihiki Pihema RD Dip H Sc [s.40(1)(ca)] is currently the Senior Dietitian at Gisborne Hospital, Tairawhiti District Health, Gisborne, New Zealand. She is a Maori dietitian with 25 years experience in a range of clinical, administration, management, community, public health, Maori health, education and policy settings within New Zealand. In 1994, Ms Pihema was awarded the New Zealand Dietetic Association' s (NZDA's) highest honour, the Award of Excellence in Nutrition Education for her involvement in the provision of nutrition education to Maori. Ms Pihema is also a past President of the NZDA and has assisted in the strengthening of collaborative links between the NZDA and the Dietitians' Association of Australia.

Mr Owen Symmans

Mr Symmans is currently Chief Executive Officer of the New Zealand Seafood Industry Council Ltd. He has held senior roles with Federated Farmers of New Zealand, New Zealand Dairy Board and Meat Industry Association of New Zealand. He also spent five years as Primary Industry Advisor in the Department of the Prime Minister and Cabinet.

208 APPENDIX 13 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Associate Professor Heather Yeatman

Dr Heather Yeatman DrPH (Wollongong) BSc GDipEd (Adel) GDip Nutrition and Dietetics (Flinders) MPH (Syd) is Associate Professor and Head of the Graduate School of Public Health at the University of Wollongong. She has worked in the field of public health for over 25 years and has close links with Australian consumer and public health groups. She is also a member of the Commonwealth Government’ s Complementary Medicines Evaluation Committee and the New South Wales Food Authority Interim Advisory Committee.

Graham Peachey

Graham Peachey [s.40(1)(b)] is the Chief Executive Officer of Food Standards Australia New Zealand. He has a strong record of achievement as a senior executive in several regulatory bodies in both the health and agriculture portfolios. He was formerly Executive Head of the Trans-Tasman Group of the Therapeutic Goods Administration with responsibility for the planning and negotiating arrangements with New Zealand Government authorities to establish a joint agency responsible for the regulation of therapeutic goods in Australia and New Zealand. Graham has also been Director of the Chemicals and Non-Prescription Medicines Branch of the Therapeutic Goods Administration where he introduced national reform measures to the complementary medicines sector and to the advertising arrangements for therapeutic goods in Australia. In 1993, Graham was appointed to the then National Food Authority where he took the lead in developing the Treaty between Australia and New Zealand establishing the common food standards system and a new binational food regulator, the Australia New Zealand Food Authority (ANZFA). He continued as a General Manager with ANZFA until 1998. Prior to this Graham held senior positions in the Commonwealth’s agricultural portfolio where he was one of the first three General Managers of the Australian Fisheries Management Authority. Graham has a Bachelor of Arts degree (ANU) and has undertaken further studies in economics and law.

ANNUAL REPORT 2003-2004 ACRONYMS 209

Acronyms and Abbreviations

AAT Administrative Appeals TribunalABS Australian Bureau of Statistics ACCC Australian Competition and Consumer Commission ADI Acceptable daily intake AFFA see Department of Agriculture, Fisheries and Forestry AFTA ASEAN Free Trade Area; AGAL Australian Government Analytical Laboratory ALGA Australian Local Government Association ANAO Australian National Audit Office ANZFA Australia New Zealand Food Authority ANZFA Act Australia New Zealand Food Authority Act 1991 ANZFAAC Australia New Zealand Food Authority Advisory Committee ANZFRMC Australia and New Zealand Food Regulation Ministerial Council ANZFSC Australia New Zealand Food Standards Council APEC Asia-Pacific Economic Cooperation (Forum) APVMA Australian Pesticides and Veterinary Medicines Authority AQIS Australian Quarantine and Inspection Service ASEAN Association of South-East Asian Nations ATDS Australian Total Diet Survey AusAID Australian Agency for International Development ATO Australian Taxation Office AWAs Australian Workplace Agreements BRS Bureau of Rural Sciences BSE Bovine Spongiform Encephalopathy CCPR Codex Committee on Pesticide Residues CEP Closer Economic Partnership CER Australia New Zealand Closer Economic Relations Agreement CJD Creutzfeld-Jacob Disease COAG Council of Australian Governments Codex Codex Alimentarius Commission and its Committees CPSY Community and Public Sector Union DAFF Department of Agriculture, Fisheries and Forestry DEH Department of Environment and Heritage DFAT Department of Foreign Affairs and Trade DHA docosahexaenoic acid DIAMOND Dietary Modelling of Nutritional Data DISC Food Standards Development and Implementation sub Committee DoHA Department of Health and Ageing ERLs Extraneous Residue Limits ERMA Environmental Risk Management Authority (NZ) ESR New Zealand Institute of Environmental Science and Research Limited EU European Union EC European Commission FANO Federation of Australian Nutrition Organisations FAO Food and Agriculture Organization FDA U.S. Food and Drug Administration FOI Freedom of Information

210 ACRONYMS FOOD STANDARDS AUSTRALIA NEW ZEALAND

FRSC Food Regulation Standing Committee FSA Food Science Australia FSANZ Food Standards Australia New Zealand FSANZ Act Food Standards Australia New Zealand Act 1991 FSC Australia New Zealand Food Standards Code FSIC Food Safety Information Council GELs Generally expected levels for metal contaminants GM Genetically Modified GMAC Genetic Manipulation Advisory Committee GMF Genetically Modified Food GMO Genetically Modified Organism HACCP hazard analysis critical control point HREOC Human Rights and Equal Opportunity Commission HSNO Hazardous Substances and New Organisms Act (NZ) IFAC Imported Food Advisory Committee IFIP Imported Food Inspection Program IGA Inter-Government Agreement IT Information Technology IWG Senior Food Officer Implementation Working Group LDP Leadership Development Program MAIF Marketing in Australia of Infant formula Agreement MEAA Media Entertainment and Arts Alliance MOU Memorandum of Understanding MRLs Maximum Residue Limits NZODA New Zealand Official development Assistance Program NZFSA New Zealand Food Safety Authority NICNAS National Industrial Chemicals Notification and Assessment Scheme NRA National Registration Authority for Agricultural and veterinary Chemicals NTD Neural Tube Defects NUTTAB Nutrient Composition Database OECD Organization for Economic Cooperation and Development OGTR Office of the Gene Technology Regulator OH&S Occupational Health and Safety PRP Project Review Panel RIS Regulatory Impact Statement SDC Standards Development Committee SFOs Senior Food Officers SIGNAL Strategic Intergovernmental Nutrition Alliance SOWG Senior Officials’ Working Group on Food Regulation SPS Agreement Agreement on the Application of Sanitary and mPhytosanitary Measures STAMEQ Directorate of Standards and Quality (Vietnam) TAG Technical Advisory Group TBT Agreement Agreement on Technical Barriers to Trade TGA Therapeutic Goods Administration THC Tetrahydrocannabinol TILF Trade and Investment Liberalisation and Facilitation USFDA United States Food and Drug Administration WHO World Health Organization WTO World Trade Organization

ANNUAL REPORT 2003-2004 INDEX 211

Index

Figures in bold indicate main entry

A1/A2 milk, 78 AAT, see Administrative Appeals Tribunal Abbott, Peter, 15 Aboriginal and Torres Strait Islander people, 85, 173, 179 Aboriginal communities, 116 Accountability, 90–104 achievements, 10 Acronyms and abbreviations, 209–210 acrylamide, 35, 56, 78 additives, 38, 40, 42, 51, 53, 171, 173, 182, 186 intolerance to, 184 Administrative Appeals Tribunal (AAT), 99,110 advice line, 60, 77 advisory groups and committees, 43, 64, 65, 71, 73, 74, 75, 95, 120 AFTA (Asian Free Trade Area), 59 Agreement on the Application of Sanitary and Phytosanitary Measures (SPS), 50 Agreement on Technical Barriers to Trade (TBT Agreement), 50 Agreements Australia–New Zealand, 186 Australia–Singapore, 70 Australia–USA, 70 Commonwealth of Australia–States, 186 Free Trade Agreements, 59, 70 agricultural and veterinary chemicals, 26, 70, 113, 114, 116, 117, 121 alcohol, 173 flavoured biscuits, 78 non-alcoholic beverages, 122, 174 allergenic substances, 121 allergies, 43, 56, 174, 184 alpha-amylase, 105, 113 animals, 26, 33, 52, 54, 55, 67, 107 cloned, 33, 52, 54 ANZFA, see Australia New Zealand Food Authority ANZFRMC, see Australia and New Zealand Food Regulation Ministerial Council APEC, see Asia-Pacific Economic Cooperation applications and proposals, 7, 14, 18, 19, 20, 35, 38, 45, 46, 47, 70, 78, 79, 97, 104, 105–107, 108, 109, 110, 117, 120, 121, 124, 125, 126, 127, 132, 184, 187, 188 assessment, 12–13, 22–32, 128–130 consultation policy, 73 description, 113 GM foods, 28, 118 novel foods, 28, 119 process, 29, 128–130 prepared, processed, gazetted, 21 Public Register, 73, 188 approval, pre-market, 28 APVMA, see Australian Pesticide and Veterinary Medicines Authority AQIS, see Australian Quarantine Inspection Service ASEAN, see Association of South East Asian Nations Asia-Pacific, 9, 10, 49, 53, 58, 70 Asia-Pacific Economic Cooperation (Forum), 58 Asian Free Trade Area (AFTA), 59 Aspartame/acesulphame, 105, 113 assets management, 102 Association of South East Asian Nations (ASEAN), 59 Asthma sufferers, 177

212 INDEX FOOD STANDARDS AUSTRALIA NEW ZEALAND

ATDS, see Australian Total Diet Survey Attwood, Elaine, 201, 204, 205 Audit Committee, 7, 204–205 Audits, 38, 100, 125 AusAID, 58, 59 AUSNUT, 42, 171 Australia and New Zealand Food Regulation Ministerial Council (ANZFRMC), 10, 22, 92, 108, 109, 125, 187 request for review, 27 Australia New Zealand Food Authority Act, 132 Australia New Zealand Food Authority (ANZFA), 77, 92, 171, 177, 178, 179, 182 Australia New Zealand Food Standards Code, 171, 178 applications and proposals, 12, 22–32, Chapter 3, 175, 179 evaluation, 177 review, 178 see also Food Standards Code Australia New Zealand Food Standards Council, 26 Australia–New Zealand free trade agreement, 186 Australia–New Zealand Treaty, 12, 33, 67, 94, 186, 208 Australia–Singapore free trade agreement, 70 Australia–USA free trade agreement, 70 Australian Agency for International Development, see AusAID Australian Chamber of Commerce, 62 Australian Competition and Consumer Commission (ACCC), 11, 39, 72 Australian Consumers’ Association (ACA), 64, 74, 124 Australian Department of, see Department of Australian Egg Corporation, 75 Australian Fish Names List, 39 Australian Food and Grocery Council (AFGC), 62, 110 Australian Food Safety Centre of Excellence, 45 Australian Food Standards Code, see Food Standards Code Australian Government Codex Policy Committee, 69 Australian Government Management Advisory Committee, 81, 83 Australian Local Government Association, 65 Australian National Audit Office (ANAO), 88, 91, 98 Australian National Nutritional Survey, 41 Australian Pesticide and Veterinary Medicines Authority (APVMA), 26, 29, 43, 69, 70, 113, 114, 116, 121 Australian Prawn Farmers Association, 34 Australian Public Service, 81, 86, 101 Australian Quarantine Inspection Service (AQIS), 33, 35, 36, 37, 40, 63, 69, 75, 93, 130 Australian Total Diet Survey (ATDS), 40, 52, 172 Australian Wine and Brandy Corporation, 116 Australian Workplace Agreements (AWAs), 87 avian influenza, 78

Baber, Hugh, 194 Bacillus cereus, 105, 114 bamboo shoots, 106, 116–117 barley, 54 barramundi, 39 beef and beef products, 36 see also BSE see also meat beer, 78 bilateral negotiations, 55, 59, 67, 169 bioactive ingredients, 33, 42, 44 biotechnology, 50, 51, 54, 96 Biotechnology Australia, 77 see also genetically modified foods biotoxin contamination, 38 Blair Report, 92 Board, see FSANZ Board

ANNUAL REPORT 2003-2004 INDEX 213

Borland, Professor Jeff, 42, 43 Bovine Spongiform Encephalopathy, see BSE Boyd, Dr Bob, 15, 43 briefs, 187 Branches, 4, 14, 19, 93 Brent, Paul, 15 bromate, 107 bromoxynil-tolerant canola, 181 cotton, 181 Brown, Kent, 15 breast milk, 56 Brunei, 59 BSE, 19, 36, 43, 54, 55, 56, 68, 69, 78 Buchtmann, Lydia, 7, 15 Buckle, Professor Ken, 204, 205 business planning, 99, 101 caffeine, 107, 179 calcium fortification, 27, 106, 117 Canada, 54, 55, 56, 115 see also Health Canada Canadian Food Inspection Agency, 35, 55 canola, 181, 184 cassava, 106, 116–117 CEP (Closer Economic Partnership), 59 CER (Closer Economic Relations), 59 Certified Agreement, 86, 87, 88 cessations, employee, 85 Chairman, 3, 11, 96, 204, 205 Charities and Community Organisers, Fact Sheets, 174 cheese, 31, 74, 78 Roquefort, 32, 69, 126 chemicals, 34, 35, 36, 41, 56, 113, 114, 115, 116, 117, 121 Chief Executive Officer, 15, 66, 88, 93, 96, 97, 101, 208 Chief Executive Officer’s Review, 7, 9–11 Chief Medical Adviser, 43 Chief Scientist, 9, 15, 33, 43, 93, 97, 98, 101 children, 29, 30, 35, 42, 50, 122, 124 chilli, 40 China, People’s Republic of, 10, 55, 56, 57, 59 Chinese Ministry of Science and Technology, 11, 55, 59 Chinese State Food and Drug Administration, 55 chloropropanols, 35, 53, 78, 181 Choice magazine, 64 claims, 18, 20, 27, 51, 54, 55, 63, 71, 78, 106, 117, 123, 172, 183 biomarker maintenance, 23 fortification, 42 neural tube defect, 114, 173 nutrition, heath and related, 11, 19, 22–23, 42, 43, 48, 111 COAG, see Council of Australian Governments codes of conduct, 12 Code of Practice, 22, 50, 128, 172 Codex, 45, 52, 53, 54, 55, 68, 69, 206 Alimentarius Commission (Codex), 10, 49, 50–52, 191 Australia, 51 Committee for General Principles, 51 Committee on Food Additives and Contaminants (CCFAC), 51, 53 Committee on Food Hygiene, 51, 75 Committee on Food Import and Export Inspection and Certification Systems, 51 Committee on Food Labelling, 51 Committee on Meat and Poultry Hygiene, 51

214 INDEX FOOD STANDARDS AUSTRALIA NEW ZEALAND

Committee on Pesticide Residues, 51 Committees, 50 Policy Committee, 69 Standards, 51 Cole, Dr Martin, 42 Cole, Professor, 43 collaboration, 11, 36, 37, 40, 54, 66, 89, 95 international, 10, 49, 55, 59 collage, 106, 117 commencements, employee, 85 Committee on Nutrition and Foods for Special Dietary Uses, 50 Committees, 95 Commonwealth Authorities and Companies (CAC) Act 1997, 3, 17, 96 Commonwealth Department, see Department Commonwealth Disability Strategy, 89 Communicable Diseases Network, 72 communication, 9, 10, 19, 33, 47, 61, 62, 77–79, 83, 85, 98, 100, 103, 104, 188 Manager, 7 Plan, 46 priorities, 78 processes, 77 skills, 97 strategies, 75, 77 tools, 77 Communication Section, 15, 77, 93 community, 25, 33, 61 and industry, 79 awareness, 76 consultation and involvement, 76, 132 development, 71 expectations, 91 forums, 72, 76–77, 96 indigenous, 179 needs, 76 organisations, 174, 179, 188 representatives, 77 scientific, 9 Community Involvement Policy and Protocol, 72, 73, 129, 172 Community Involvement Strategy, 172 Competition and Consumer Policy Division, 38 complaints, 175 handling, 95 Complementary Medicines, TGA Office of, 44 compliance register, statutory, 99 computing, see information technology consultants, 57, 73, 102, 189–190 consultation, 37, 52, 61, 64, 69, 71, 89, 98, 110, 168 Aboriginal and Torres Strait Islander Peoples, 173, 179 Maori involvement and, 67, 68 policy, 73 public, 13, 14, 23, 32, 46, 47, 73, 75, 128, 129, 130 with dairy industry, 32 with indigenous Australians, 89 with stakeholders, 9, 10, 19, 31, 62, 72, 76, 125, 126 consumer affairs, 22, 96 awareness, 11 enquiries, 77 food labelling survey, 183 input, 10, 25, 64 members, 31, 62 participation, 10

ANNUAL REPORT 2003-2004 INDEX 215

perception of risks, 74 protection, 25, 72 representatives, 63, 76 rights, 72, 96 views, 64 consumer groups and organisations, 30, 63, 64, 73, 76 Consumer Liaison Network, 64 consumers, 9, 12, 17, 19, 23, 24, 25, 26, 35, 39, 42, 47, 48, 50, 61, 64, 66, 77, 78, 91, 112, 117, 119, 122, 127, 128, 129, 131, 175, 183, 184, 185 wine, 115 see also stakeholders and partners Consumers’ Association, see Australian Consumers’ Association (ACA) Consumers’ Institute (NZ), 64 contact officer for additional information, 7 contaminants, 12, 38, 51, 52, 53, 172, 186 biotoxin, 38 chemical, 34, 36, 38 chloropropanol, 53 enterohaemorrhagic Eschericia coli (E.coli), 32, 38 glass, 38 lead, 184 Listeria, 34, 53, 178 metal, 182 microbiological, 40 norovirus, 36 red dye, 40 Salmonella, 38 see also WHO collaborating Centre for Food Contamination Monitoring see also FAO/WHO Joint Expert Committee on Food Additives (JECFA) contractors, 102 Cooling of Cooked Meat Expert Panel, 72 Coordinated Food Survey Plan, 38–39 Copper citrate, 105, 114 Corn, 105, 113, 114, 180, 181, 184 corporate governance, 90, 91, 95, 96, 98, 99, 100 Corporate Overview, 7, 12 Corporate Plan, 7, 9, 15, 77, 91, 101, 102, 172 Corporate Section, 15, 94 cost recovery, 104 cotton, 54, 118, 180, 181 Council of Australian Governments (COAG), 37, 47, 92, 94 country of origin labelling, 11, 19, 20, 23–24, 51, 112, 122, 173 Craven, Dr John, 204, 206 Crerar, Scott, 15, Crossley, Steve, 15 crustaceans, 53 CSIRO Health Sciences and Nutrition, 71 cyanogenic glycosides, 116 cyclamate, 48, 114, 127

DAFF, see Department of Agriculture, Fisheries and Forestry dairy, 31, 71 fats, 120 industry, 32, 71, 74 PPP standard, 74 products, 34, 173 Dairy Reference Group, 74 Dairy Research and Development Corporation, 206 Dairy Standards Development Committee, 31 database(s), 42, 103, 131, 171, 178, 187 Department of Agriculture, Fisheries and Forestry (DAFF), 44, 51, 63, 68 Department of Finance and Administration, 98, 99, 130

216 INDEX FOOD STANDARDS AUSTRALIA NEW ZEALAND

Department of Foreign Affairs and Trade (DFAT), 51, 59, 69–70 Department of Health and Ageing (DoHA), 33, 37, 43, 44, 54, 63, 65, 68, 69, 99 Portfolio outcome, 16 Department of Prime Minister and Cabinet, 37 Department of Treasury, 38 departments of health of States and Territories, see health departments departments of primary industry of the States and Territories, 69 DFAT, see Department of Foreign Affairs and Trade DHA (Docosahexaenoic acid), 119 Diacylglycerol oil, 119 DIAMOND (Dietary Modelling of Nutritional Data), 42, 187 Dietary Guidelines for Children and Adolescents (NHMRC), 29 dietary modelling, see modelling Dietary Modelling of Nutritional Data, see DIAMOND dietary supplements, 20, 27, 116, 123 dioxin(s), 19, 33–34, 35, 56, 63, 64, 78, 181, 184 disability, 16, 30, 85, 122 Disability Strategy, Commonwealth, 89 Distilled Spirits Industry Council of Australia Inc, 110 documents held, categories of, 186 domestic food review, 25 regulatory system, 50 Draft Assessment, 13, 14, 109, 110, 129 Report, 14, 31, 125, 126, 129 draft standards, 50, 111 D-Tagatose, 105, 110, 114 duty free labelling, 110

economic analysis, 97 Economic, Social Analysis & International Section, 15, 93 EEO (equal employment opportunity), 85 eggs, 174 electronic information, 2, 47, 48, 75, 77 electronic updates, 78 emergencies, 18, 32, 35, 51, 55, 63, 67, 79, 88 emerging issues, 19, 33, 43, 49, 64 78 employees, see staff enforcement, 66, 72, 98, 125, 168, 174 agencies, 65, 66, 120, 127, 174, 182 officers, 74 enterohaemorrhagic Eschericia coli (E. coli), 32, 38 Event MON863, 105, 114 Environment Australia, 44 environmental scanning, 101, 103 enzymes, 120 equivalence guidelines, 173 Ernst & Young, 101 Europe, 34, 49, 52, 57 European Food Safety Authority, 34, 56, 57 evaluation Codex, 54, 206 hazards, 41 health claim, 173 impact, 59, 109 reports, 131, 183–184 risk, 32, 46 safety, 112 scientific, 30, 31, 62, 70, 119, 177 technical, 177 workforce planning, 85 workplan, 48

ANNUAL REPORT 2003-2004 INDEX 217

Evaluation of food regulatory measures, 48 Evaluation Strategy, 48, 74, 132, 177 Executive, 93, 97, 99 see also Staff exports, 67 external scrutiny, 99 Eyres, Dr Laurence, 96, 206

Fact Sheets, 78, 173–174, 177 180, 184–185 FAO, see Food and Agriculture Organization FAO/WHO Expert Consultation on the Safety Assessment of Foods, 52 FAO/WHO Joint Expert Committee on Food Additives (JECFA), 35, 53 Federal Court, 110 feedback, 60, 76, 87, 95, 104 Feedback and Complaints brochure, 175 Fellows, see FSANZ Fellows female staff, see staff fermented meat, see Uncooked Comminuted Fermented Meat (UCFM) products Final Assessment Report, 13, 14, 110, 130 Finance & Secretariat section, 15, 94, 98 Finance, Audit and Risk Management Committee, 96–97, 100 financial performance, 17, 99 Financial Statements, 133–167 fish, 35, 36, 52, 64, 116, 119, 174 labelling survey, 63 mislabelling survey, 39, 78, 184 see also seafood Fisher, Melanie, 15, 98 Fladun, John, 15 Flavourings and flavouring enhancers, 182 flavoured biscuits, 78 flavoured drinks, 127 flofenicol, 121 folate, 22, 27, 105, 114, 173 food additives, see additives Food Additives, FAO/WHO Joint Expert Committee on (JECFA), 35, 52, 53 Food and Agriculture Organization, UN (FAO), 49, 52–53 food-borne illness, 24, 68 food business(es), 24, 39, 73, 112, 125, 126, 176, 180, 183 Food Business Notification System, National, 182 food composition, 41, 42, 171 food consumption, 41–42 food contaminants, see contaminants food dyes, red, 40 yellow, 78 food emergencies, 32–38, 51, 79 food handling, 131, 180, 183 Food Handling Benchmark Survey, National, 183 food industry, 11, 12, 19, 22, 34, 37, 47, 62, 68, 81, 91, 96, 112, 129, 172, 175, 184 United States, 23 Food Industry Recall Protocol, 175 food labelling, see labelling Food Microbiology Technical Committee, 72 food poisoning, 34, 78 food policy, 10, 44, 49, 68 food recall database, 131 management training, 59 system, 100, 180 food recalls, 17, 32, 35, 37–38, 65, 131, 175, 186 Food Regulation, 9, 173

218 INDEX FOOD STANDARDS AUSTRALIA NEW ZEALAND

Agreement, Intergovernmental, 12, 95 Ministerial Council, Australia and New Zealand (ANZFRMC), 10, 22, 92, 108, 109, 125, 187 Review (Blair Report), 92 Standing Committee (FRSC), 10, 30, 64, 65, 92 Food Safety, 53, 59, 72, 73, 75, 96, 124 and Inspection Service, US, 45, 56 auditor competencies, 75 Authority, European, 34, 56, 57 Authority, New Zealand (NZFSA), 43, 67 Centre of Excellence, Australian, 45, 71 Commission, Japanese, 56 Conference, National, 66, 78 email address, 75 Fact Sheets, 174 for Asia and the Pacific, WHO/FAO Regional Conference, 53 hazards, 30 in China, 55 Incident Management Protocol, National, 10, 33 incidents, 33, 35 initiatives, 125 legislation, 53 Management, 24–25, 31, 62, 74, 75, 112 Measures, 58, 173 Meeting, Quadrilateral, 54 obligations, 30 Programs, 19, 24, 25, 32, 55, 63, 74, 112, 113, 125, 126 publications, 174–176, 179, 180 regulation, 22, 125 requirements, 31 schemes, 31, 74 Standards, 9, 17, 24, 32, 62, 73, 74, 93, 98, 125–126, 131, 174, 175, 176 Strategy, National, 54 Technical Fact Sheets, 180 Food Safety & Services Branch, 9, 14, 15, 93, 98 Food Safety & Primary Production Section, 15, 94 Food Science Australia (FSA), 44, 71 food service establishments, 39 food standards, decision making, 40, 47, 130 technical, 49 Food Standards Australia New Zealand (FSANZ) Board, 14, 17, 21, 33, 43, 46, 63, 64, 68, 70, 74, 76, 92 95, 96, 97, 98, 99, 100, 101, 102, 103, 110, 129, 130, 204–208 establishment, 22, 92 financial management, 17, 96, 98, 100, 187 functions and powers, 168–170 membership, 204 new organisation structure, 92–94 objectives, 49, 129 representation, 191–201 Service Charter, 95, 179 structure, 9, 14–15, 87, 92–94, 97, 98 Food Standards Australia New Zealand Act 1991 (FSANZ Act), 12, 73, 104, 132 Section 6, 92, 168 Section 10, 111, 129 Section 12, 108 Section 18, 109, 111 Section 21, 111 Section 22, 111 Section 23, 111 Section 28, 111 Section 35, 109

ANNUAL REPORT 2003-2004 INDEX 219

Section 69, 108 Food Standards (Canberra) Branch, 9, 14, 15, 98 Food Standards (Wellington) Branch, 9, 14, 15, 98 Food Standards Code, 9, 12, 17, 22, 25, 26, 27, 28, 29, 32, 35, 67, 131, 132 applications and proposals, 12–14, 18–32, 53, 105–130, 186 compliance/enforcement, 65–66, 69 interpretation, 168 Ministerial Council, 92 variations to, 21, 111, 168, 169 food standards development, see standards development process Food Standards Gazette, 130 Food Standards News, 13, 39, 77, 129, 177, 187 food supply chain, 24, 124 Food Surveillance, 177, 187 Food Surveillance Network, 39, 66 Food Surveillance Newsletter, 39 food surveys, 38–39 food trade, 50, 59, 70 Foods for Special Medical Purposes (FSMP), 30, 122 foreign matter recalls, 38 forums community, 72, 76–77, 96 consultative, 60, 62 industry, 74 international, 7, 70, 191 national, 70 Science, 44, 70 stakeholder, 18, 60 formulated beverages, 29, 66, 122 fortification of food, 19, 20, 26–27, 42, 71, 78, 124 fraud control, 91, 100, 101, 102 Freedom of Information (FOI) enquiries, 187 Free Trade Agreements, 59, 70, 186 French Government (and regulatory agencies), 32, 57, 126 FSANZ, see Food Standards Australia New Zealand FSANZ Fellows, 41, 42–43 FSANZ Guidelines, 182 functions and powers, 168–170

Gardiner Foundation, 71 Gene Technology Regulator, Office of the, (OGTR), 44, 70 general managers, 15, 93, 96, 97, 98, 101, 187 genetically modified animals, 52, 55 crops, 54 food, 78, 177, 179 applications, 28, 118 labelling, 26, 185 safety assessment, 54, 58, 118 genetically modified organism (GMO), 70 German regulatory agencies, 57 Global Environmental Contamination Monitoring and Assessment Program (GEMS/Foods), 52 Glufosinate Ammonium, 105, 106, 113, 115, 118, 181 gluten, 27, 38, 106, 117 GM, see genetically modified GM foods and the consumer, 47, 177 governance, see corporate governance government partners, 18, 60, 64–72, 95 guidelines, 18, 22, 92, 111–112, 122, 128, 173, 176, 178, 182 harmonization, international, 54 Harrison, Laura, 15

220 INDEX FOOD STANDARDS AUSTRALIA NEW ZEALAND

Hazard Analysis Critical Control Point (HACCP), 24, 32 hazards, monitoring and evaluating (assessing and managing), 12, 38–40, 41, 47, 49, 53 Hazelton, Jenny, 15 health agencies, 66 Health and Ageing, see Department of Health and Food Safety, New Zealand Minister, 96 Health Canada, 11, 23, 55 Health Claims, see Claims health departments of states and territories, 36, 38, 76, 123 Healy, Dr Marion, 15, 98 herbicide tolerance, 28 herbs, non-culinary, 44, 126 Hexose oxidase, 105, 113 Hill, Dr David, 42, 43 honey, 19, 34, 36, 66, 78, 184, 185 Huckerby, Dr John, 42, 43 Hudson, Professor Chris, 204, 205, 206 human resource management plans and policies, 80

Implementation Sub Committee (ISC), 10, 39, 64, 65, 78 Imported Food Inspection Scheme, 35 Imported Food Control Act 1992, 37 Imported Foods Consultative Committee, 63 imported food, 12, 22, 29, 31, 33, 34, 35–36, 37, 38, 40, 63, 65, 66, 67, 68, 69, 78, 98, 118, 123, 125, 130, 169 India, 40 Indigenous communities, consultation with, 89, 173, 179 people (Aboriginal and Torres Strait Islanders), 85, 116 Industry, 62–63 Advice Line, see advice line Fact Sheets, 173 infant feeding guidelines, New Zealand, 29 foods, 27, 29, 50, 123 formula, 105, 106, 114, 117, 181 information circular, 130, 187 officer, 60, 77, 171 information technology (IT), 101 control environment, 101 website, 7, 14, 39, 42, 48, 73, 75, 77, 78, 89, 95, 96, 129, 130 171, 186, 188 ingredient labelling, see labelling Initial Assessment Report, 13, 25, 31, 125, 126 process, 128 insect resistance, 28 protected corn, 105, 113, 114, 180, 181 protected cotton, 118 protected potato, 180–181 intense sweetener consumption survey, 48, 127, 184 Intergovernmental Food Regulation Agreement 2000, 12, 95 internal audit, 91, 96, 97, 100, 102 scrutiny, 99 international activities, 58 agencies and organisations, 10, 11, 49, 50, 53, 79 agreements, 24, 50, 53, 59, 70, 115, 116, 122 forums, 7, 70, 191 networks, 10, 12, 49 visitors, 56–57 International Life Sciences Institute (ILSI), 57, 71 internet, see website

ANNUAL REPORT 2003-2004 INDEX 221

intolerance, 174, 184 iodine, 27, 40, 78, 120, 124 irradiated food, 174 issues, emerging, 33 public health, 32, 35, 37 strategic, 103

Japan, 36, 56, 57, 59, 69 jelly, intense sweeteners in, 105, 114 Joint FAO/WHO Expert Committee on Food Additives (JEFCA), 35, 52 juices, 27, 106, 117

Kahui Kounga Kai, 67–68 Kava, 106, 116 Key Result Areas (KRA), 7, 15, 91, 101, 102 Knowles, Hon Rob, 3, 11, 204, 205

Labelling, 121–122 allergen, 19, 48, 78, 122, 183 country of origin, 11, 19, 20, 23–24, 51, 112, 122, 173 errors, 38 foods for infants, 29, 114, 123 genetically modified (GM) food, 19, 26, 177 ingredient, 173, 182 mandatory, 27, 28, 121 mislabelling survey, 39 monitoring survey, 48 on premises, 28 recalls, 38 special medical purposes, 122 Labelling & Information Standards Section, 15, 93 L-amino acid, 117 lasalocid, 121 Leadership Development Program (LDP), 86 Lewis, Janine, 15 lip balm, 126 liqueurs, 127 Listeria, 34, 38, 53, 76, 178, 181 lollipops, 126 Lysophospholipase, 106, 115

McMeekin, Professor Tom, 42, 43 McNeil, Professor John, 42, 43 mad cow disease, see BSE Mahoney, Deon, 15 mailing lists, 187 male, see staff malt, 27, 106, 117 maltodextrin, 110, 115, 123 Management Group (MGM), 97 management reporting, 90, 95, 103 Mann, Professor Jim, 42 manufacturers, 23, 28, 29, 37, 38, 73, 171 Manufacturers Liaison Committee (RML), Retailers and, 63 Maori consultation, see consultation Maori Reference Group (MRG), 67–68, 89 Marks, Dr Geoff, 42, 43 margarines, 109 marine micro-algae (Ulkenia sp), 119 maximum residue limits (MRLs), 12, 19, 25–26, 29, 68, 70, 94, 105, 106, 107, 113, 114, 116, 117, 121 Meat and Livestock Australia, 72

222 INDEX FOOD STANDARDS AUSTRALIA NEW ZEALAND

Meat Industry Committee, 72 meat products, 182 formed, 27, 115 Meat Standards Committee, 74 media relations, 78 releases, 78, 188 medical advice, 41, 43 adviser, see Chief Medical Adviser meetings, 191–201 membership FSANZ Board, 204 Finance, Audit and Risk Management Committee, 205 Memorandum of Understanding (MOU), 11, 35, 55, 59, 67, 69, 70, 72 mercury in fish, 19, 35, 76, 78, 184, 185 microbiological health risks, 38 limits, 173 risk assessment, 32, 44, 51, 58 risk modelling experts, 44 milk and milk products, 31–32, 38, 56, 74, 78, 109, 116, 119, 126, 184 Millis, Emeritus Professor Nancy, 42 Milne, Peter, 204, 205, 207 minerals, see vitamins Ministerial Council, see Australian and New Zealand Food Regulation Ministerial Council Policy Guidelines, 18, 22, 92 responsibility, 16 Ministry of Agriculture and Fisheries (French), 32, 126 Malaysian Ministry of Health, 53 mission, 16 Modelling, Evaluation and Surveillance, 15, 94 modelling dietary, 35, 41, 42, 52, 109, 187 risk, 42, 44, 45 probabilistic, 51 monitoring, 18, 26, 36, 37, 48, 52, 65, 66, 80, 85, 99, 132, 168 and evaluating hazards (assessing and managing), 12, 38–40, 41, 47, 49, 53 see also surveillance Monitoring Policy and Protocol, National Surveillance and, 10 Monosodium Glutamate (MSG), 18 Morris, Professor Roger, 42, 43 Moughan, Professor Paul, 42 MOU, see Memorandum of Understanding MRLs, see maximum residue limits Murdoch Books, 171 Mushrooms, 36

National Audit Competency Steering Committee, 75 National Centre of Excellence in Functional Foods, 71 National Code of Kava Management, 116 National Food Authority, 94 National Food Business Notification System, 182 National Food Handling Benchmark Survey, 183 National Health and Medical Research Council (NH&MRC), 71, 96 Dietary Guidelines for Children and Adolescents, 29 National Industrial Chemicals Notification and Assessment Scheme (NICNAS), 44 National Occupational Health and Safety Commission, 44 National Public Health Partnership, 72 National Surveillance and Monitoring Policy and Protocol, 10 neural tube defect health claim, 114, 173 New South Wales Food Authority, 66, 74

ANNUAL REPORT 2003-2004 INDEX 223

New Zealand, partnership with, 94–95 New Zealand Gazette, 130 New Zealand Food Regulations, 13, 22 New Zealand Food Safety Authority (NZFSA), 43, 67 New Zealand Ministry of Health, 130 New Zealand Royal Commission on Genetic Modification, 179 New Zealand Stakeholder Forum, 18 New Zealand Winegrowers’ Association, 116 newspaper notices, 129 NHMRC, see National Health and Medical Research nicotine, 78, 126 nitrite, 40 nitrofurans, 19, 34 53, 66, 78, 184 non-English speaking background staff, 85 North America, 23, 49, 118 novel foods, 19, 20, 25, 28, 33, 54, 63, 78, 105, 109, 110, 112, 113, 114, 119, 174 Nutrient Claims in Food Labels and in Advertising (CoPoNC), Code of Practice, 22, 172 nutrient composition, see food composition Nutrient Panel Calculator (NPC), see AUSNUT nutrition, 122–124 Nutrition, Health and Related Claims, 22–23 nutrition information panels, 19, 42, 123, 178 NZFSA, see New Zealand Food Safety Authority oats, 27, 106, 117 Occupational Health and Safety (OH&S), 88, 89 National Occupational Health and Safety Commission, 44 octanoic acid, 120 O’Dea, Professor Kerin, 204, 207 OECD Task Force for the Safety of Novel Foods and Feeds, 54 OECD Working Group for the Harmonisation of Biotechnology, 54 Office of Chemical Safety (OCS), 43, 70 Office of Legal Counsel Section, 15, 93 Office of Complementary Medicines, TGA, 44 Office of the Gene Technology Regulator, (OGTR), 44, 70 Office of Regulation Review (ORR), 18, 47 Official Shopper’s Guide to Food Additives and Food Labels, 171, 182 OGTR, see Office of the Gene Technology Regulator olive oil, 78 omega-3 acids, 119 Omnibus amendments, 126 organisation structure, 14–15, 77, 87, 92–94, 97, 98 ORR, see Office of Regulation Review Outcomes and outputs structures, 16–17, 131–132 overseas visitors, see international oysters, 24, 25, 31, 36, 53, 66, 69, 112 OzFoodNet, 36, 68, 72

Pacific, see Asia-Pacific paprika, 40 Partnership Agreement, 67 Partners and Stakeholders, 60, 79 partnerships, 30, 59, 92 government, 18, 60, 64–72, 95 with States and Territories and with New Zealand, 94 Patterson’s Curse/Salvation Jane, 78, 185 Peachey, Graham, 11, 15, 97, 208 People’s Republic of China, see China performance agreement, 94 indicators, 17 measurement, 86, 102–103

224 INDEX FOOD STANDARDS AUSTRALIA NEW ZEALAND

planning, monitoring and reporting, 99 pesticides, 172, 185 pests, 107, 118 phospholipase, 120 phytoserols, 109, 119 Pihema, Hikihiki, 68, 204, 207 Piper methysticum, 116 pistachios, 26 planning processes, 90, 95, 101, 103 plant proteins, 106, 115 policy development, 10, 19, 22, 68 guidelines, Ministerial, 22–25 Polydextrose, 106, 116 Pontin, Claire, 15, 98 Post Market Operations Section, 15, 94 poultry, 11, 19, 27, 30, 31, 36, 45, 46, 48, 51, 62, 74, 115, 120, 121, 124 Poultry Meat Standards Development Committee, 63 powers, functions and, 168–170 prawns, 19, 34, 36, 53, 66, 78, 181, 184, 185 Primary Industry Standing Committee (PISC), 69 Primary Production and Processing (PPP) Standards, 22, 30–31, 48, 67, 74, 98, 124 Development Committees, 62 Primary Production and Processing Standard for Seafood, see seafood processes for assessing applications, 128–130 processing aids, 27, 29, 105, 106 113, 114, 115, 117, 120–121, 186 faults, 38 Product Safety Standards Section, 15, 93 Productivity Commission, 37 programs, 93 food safety, 19, 24, 25, 32, 55, 63, 74, 112, 113, 125, 126 professional development, 81 training, 10, 49, 55, 58, 59 projects finalised, 105 regional, 52, 58 proposals, see applications and proposals Public Affairs Program (former), 77 public health, 18, 24, 32, 34, 35, 37, 41, 63, 68, 76, 96, 116 and safety, 14, 23, 24, 28, 33, 34, 37, 45, 46, 47, 72, 76, 78, 112, 115, 117, 119, 129, 176 Nutrition Standards, 15, 93 professionals, 42, 72, 76 standards, 29 public register, 73, 188 public understanding of our roles and priorities, 92–95 publications, 171–185 FSANZ staff published works, 202–203 purchasing, 102

Quadrilateral Food Safety Meeting, 54 Quantitative Microbiological Risk Assessment, Workshop on, 44 Queensland Health, 189 Queensland, Safe Food, 74

raw milk cheese, see cheese recalls, see food recall Recommended Dietary Intakes (RDI), 71 red emperor, 39 regional projects, 52, 58 Regulatory Agency Guidelines for Cost Recovery, 104 regulatory

ANNUAL REPORT 2003-2004 INDEX 225

activity, 132 agencies, 9, 33, 43, 44, 47, 49, 54, 57 impact analysis, 14, 17, 19, 129, 131 impact statement, 18, 31, 47 measures, 18–59, 132 partnership, 92 system, 10, 11, 16, 40, 45, 50, 59, 65, 66, 67, 92, 94 representation, FSANZ, 191–201 requests to examine public register, 73 research, 12, 52, 55, 70, 71, 77, 168, 188 Retailers and Manufacturers Liaison Committee (RML), 63 reviews Domestic Food, 25 Enzyme Processing Aids, 120 external review of FSANZ, 93 Food Regulation Review (Blair Report), 92 Food Type Dietary Supplements, 123 Gluten Claim with specific reference to Oats and Malt, 27, 106, 117 Kava Standard, 106, 116 Labelling of Genetically Modified Food, 26 Minimum Age Labelling of Foods of Infants, 29, 123 Office of Regulation Review (ORR), 18, 47 Processing Aids, 120 Processing Requirements for Uncooked Comminuted Fermented Meat (UCFM) Products, 32 Trans Tasman Mutual Recognition Arrangement (TTMRA), 37 Scientific Review Panel, 68 see also Strategic Review Reynolds, Dr Chris, 42 RIS, see Regulatory Impact Statement risk analysis, 45, 46, 47, 50, 51, 53, 59, 97, 103, 129 scientific, 30, 41, 46 risk assessment, 9, 14, 33, 34, 41, 42, 44, 45, 49, 57, 58, 63, 69, 77, 78, 98, 100, 113, 119 microbiological, 32, 44, 51, 58 scientific, 9, 14, 17, 19, 30, 37, 40, 41, 43, 45, 58, 59, 70, 81, 93, 129, 131 Risk Assessment — Microbiology Section, 15, 41, 94 Risk Assessment — Public Health Nutrition Section, 15, 41, 94 Risk Assessment — Chemical Safety Section, 15, 41, 93 risk benefit analysis, 129 risk communication, 9, 14, 33, 59, 77, 78 risk list, 67 69 risk management, 9,14, 19, 34, 45, 46, 49, 51, 57, 59, 76, 77, 93, 98, 100, 109, 117, 119, 132 committee, 96–97, 100 risk profiling, 75 role and functions, 12 saccharin, 114, 127 Safe Food Australia, 179 Safe Food for all (poster), 184 safe food handling, see food handling Safe Food Queensland, 74 Sahlin, Craig, 204 Salmonella, 38, 40 Salvation Jane/Patterson’s Curse, 78, 185 Sanitary and Phytosanitary Measures Agreement, see SPS Agreement science communication Science Forum, 44, 70 Scientific Advisory Group, 43 scientific network, FSANZ, 43 Scientific Risk Analysis Framework (SRAF), 46 Scientific Risk Assessment and Evaluation Branch, 9, 14, 15, 41, 93 SDC, see Standards Development Committee seafood, 19, 30–31, 34, 35, 39, 62, 63

226 INDEX FOOD STANDARDS AUSTRALIA NEW ZEALAND

PPP (Primary Production & Processing) standard, 11, 25, 30, 74, 76, 78, 124 Seafood Standards Development Committee (SDC), 74 seasonings, 36 Secretariat, see Finance and Secretariat Section 10 objectives, 129 selenium, 117 semicarbazide, 34, 78, 184 Senior Executive, 97–98 Senior Food Officers, 65 Service Charter, 95, 179 Services to the Minister and Parliament, 132 sesame seed, 36, 40 Shopper’s Guide to Food Additives and Food Labels, Official, 171, 182 SIGNAL, see Strategic Intergovernmental Nutrition Alliance Singapore, 59, 70 Smart Foods Centre, University of Wollongong, 71 sodium, 27, 114, 123 sodium chlorite, acidified, 27, 106, 115 sodium selenate, 117 soft drinks, 107 soy, 38, 53 soybean, 106, 115, 180 South Australian Research and Development Institute (SARDI), 75 South Pacific communities, 116 speaking engagements, 194–201 Special Expert Committee Antimicrobial Resistance (EAGAR), 71 Transmissible Spongiform Encephalopathies (SECTSE), 71 spirits, 105, 110, 114 sports food, 122 SPS Agreement, 50, 53, 58 Staff (Our People), 80–89 agreement making, 87 academic qualifications, 83–84 assistance measures, 89 Australian Workplace Agreements (AWAs), 87 Certified Agreement, 87 Commonwealth Disability Strategy, 89 Consultative Committee, 88 Employee Assistance Program (EAP), 89 employee commencements and cessations, 85 female (women), 82, 83, 85 flexible working patterns, 89 graduate recruitment, 84 Leadership Development Program (LDP), 86 learning and development, 86 male (men), 82, 83, 85 Management Group (MGM), 97 mature aged workers, 86 non-English speaking background, 85 numbers and profile, 81–83 Occupational Health and Safety, 88 organisational arrangements, 87 performance agreements, 15, 101, 103 bonuses, 98 enhancement scheme, 86, 88, 102, 103, 104 management, 86 professional development programs, 81 representation, 191–201 Senior Executive, 97–98 senior management, 97

ANNUAL REPORT 2003-2004 INDEX 227

skilled workforce, 81–86 surveys, 87–88 travel arrangements, 100 workforce planning, 84–85 Stakeholder Liaison Section, 15 Stakeholders, 42, 60–79 concerns, 25, 26, 50, 91, 112 consultation, 9, 10, 11, 13, 14, 16, 19, 30, 31, 33, 41, 42, 48, 49, 73, 75, 88, 90, 92, 95, 100, 125, 128, 129 Contacts database, 103, 187 forums, 18, 60 opportunities for stakeholder participation, 72–77 research with, 175, 183 Standard Development Advisory Committee (SDAC), 25, 64 Standard Development Committee (SDC), 31, 62, 63, 67, 73, 74, 75 standards development process, 10, 22, 24, 45,46, 132 Standards Management Officer, 128, 130 Standards Management System (SMS), 47, 100 standards setting process, 13, 45, 72, 74, 76 Standing Committee, see Food Regulation Standing Committee (FRSC) statutory objectives, 129, 132 obligations, 90, 95, 103 Stockwell, Dean, 15, 98 Strategic Directions Report, 103 Strategic Intergovernmental Nutrition Alliance (SIGNAL), 72 Strategic Review, 14, 45, 61, 73, 77, 81, 86, 88, 90, 92, 93, 95, 100 Strategic Science Unit, 15, 41, 93 Strengthening the evidence base, 41–44 structure organisation, 14–15, 77, 87, 92–94, 97, 98 outcomes and outputs, 16–17, 131–132 submissions, 13, 14, 37, 47, 64, 72, 79, 129, 130, 169, 187, 188 Sudan Colouring Survey, 40 sugar beet, 118, 181 sulphites, 116, 177 surveillance, 12, 32, 35, 39, 54, 59, 65, 66, 67, 68, 85, 168 see also monitoring Surveillance and Monitoring Policy and Protocol, National, 10 sweeteners, 48, 105, 113, 114, 127, 184 Switzerland, 31 Sydney Beijing Olympic Secretariat, 55 Symmans, Owen, 204, 207 systems and processes, 103

TAG, see Technical Advisory Group Taiwan, 59 TBT Agreement (WTO Agreement on Technical Barriers to Trade), 50, 58 Technical Advisory Group (TAG), 64, 65–66, 187 Barriers to Trade see TBT Agreement Fact Sheets, 180 Report Series, 180 updates, 78 temperature control, 174, 176, 180 tendering, 10, 102 TGA Office of Complementary Medicines, 44 Thailand, 59 Therapeutic Goods Administration (TGA), 43, 44, 70 tobacco, 126 Tomaska, Dr Luba, 15 Torres Strait Islander and Aboriginal people, 85, 173, 179 total diet survey, see Australian Total Diet Survey

228 INDEX FOOD STANDARDS AUSTRALIA NEW ZEALAND

Trade Practices Act 1974, 72, 169 training, 9, 10, 49, 52, 55, 58–59, 70, 81 staff, 81, 84, 86, 91, 102 Trans Tasman Mutual Recognition Arrangement (TTMRA), 29, 37, 67 transgenic animals, see cloned animals travel arrangements, 100 Treaty Australia–New Zealand, 12, 33, 67, 94, 186, 208 of Waitangi, 67, 178 Trehalose, 105, 113

Ulkenia, 119 Uncooked Comminuted Fermented Meat (UCFM) products, 25, 32, 74, 105, 112, 113, 125 United Kingdom, 40 United States (USA), 23, 36, 54, 55, 56, 59, 115 Food and Drug Administration, 35 University of Tasmania, 71 USA–Australia Free Trade Agreement, 70 User Guides, 78, 171, 182

veterinary science, 96 Victorian Department of Primary Industries, 71 vision, 16, 104 visitors, international, 56–57 vitamins and minerals, 26, 29, 78, 122 vulnerable populations, 125

Walter Turnbull, 100 Warren, Julie, 15 water, packaged or bottled, 78, 107, 126 websites, see information technology wheat, 28, 78, 115, 118 WHO, see World Health Organization WHO collaborating Centre for Food Contamination Monitoring, 52 WHO/FAO Regional Conference on Food Safety for Asia and the Pacific, 53 wholegrain, 127 Wilson, Barbara, 204 wine, 78, 105, 106, 114, 115, 116, 117, 173, 184 Winemakers’ Federation of Australia, 115, 116 Winger, Professor Ray, 96, 204, 205 women, 85 pregnant, 35, 178 see also staff work plan, 20 work practices, 61, 81 Workforce Planning Strategy, 81, 86 workshops, 38, 44, 45, 51, 52, 66, 70, 71, 72 World Health Organization (WHO), 10, 49, 52–53, 56 World Trade Organization (WTO), 49, 50, 53, 58, 191 World Wine Trading Group Agreement on Mutual Acceptance of Oenological Practices (MAA), 116 Worsley, Professor Tony, 42 Worth, Hon Trish, 16, 168 WTO Agreements, 50

Yeatman, Dr Heather, 204, 208 Yoghurt, 109, 119