Annual Report 2008 - 2009 - 2008 Report Annual FOOD STANDARDS Australia New Zealand Annual Report 2008-2009

Australia 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 4 978 5630 Fax: +61 2 6271 2278 Fax: +64 4 473 9855 [email protected] [email protected] www.foodstandards.gov.au www.foodstandards.govt.nz Food Standards Australia New Zealand FOOD STANDARDS Australia New Zealand

Annual Report 2008-2009 © Food Standards Australia New Zealand 2009 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 7186, 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.

Food Standards Australia New Zealand Australia 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 2008-2009

Letter of Transmittal

The Hon Mark Butler, MP Parliamentary Secretary for Health Parliament House Canberra ACT 2600

Annual Report of Food Standards Australia New Zealand for the year ended 30 June 2009

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

Philippa Smith AM Food Standards Australia New Zealand September 2009

LETTER OF TRANSMITTAL i FOOD STANDARDS AUSTRALIA NEW ZEALAND

ii LETTER OF TRANSMITTAL ANNUAL REPORT 2008-2009

Contents

Letter of Transmittal i

Guide to the Report 1 Additional information 2

Compliance index 3

Chief Executive Ofﬁcer’s Review 5 Agency developments 7 Regulatory highlights 8

Corporate Overview 10

Highlights 2008-09 10

FSANZ – roles and responsibilities 10

Structure and processes 12

Summary of ﬁnancial performance 16

Priorities and Performance 2008-09 18

Outcomes and outputs 18

Performance measures 19

Our Regulatory Measures 22

Objectives 22

Performance 22

Highlights 22

Overview 23 Applications and Proposals gazetted 1 July 2008-30 June 2009 25

CONTENTS iii FOOD STANDARDS AUSTRALIA NEW ZEALAND

Food standards development 25 Ministerial Council Policy Guidelines 25 Ministerial Policy Guidelines notiﬁed to FSANZ in 2008-09 26 Standards Development Work Plan 26 Ministerial Council Reviews 28 Additional work requested by the Ministerial Council 30 FSANZ reviews of food standards 30 Foods and food ingredients requiring pre-market approval 31 Fortiﬁed foods 34 Food labelling 36 Food standards for the primary industries 38 Public health and food safety standards 41

Improving our standards development outcomes 41

Public health issues 43 Emerging issues 46 Food incidents and food recalls 47

Monitoring and evaluating hazards 50

Strengthening our evidence base 51 Science evidence base 52 Accessing external expertise 53 Consumer and social sciences 54 Regulatory analysis 56 Evaluating our food regulatory measures 57 International networks 59 Student projects 61

Our Stakeholders 64

Objectives 64

Performance 64

Highlights 64

iv CONTENTS ANNUAL REPORT 2008-2009

Overview 65

Community involvement 67

Stakeholders and regulatory partners 71 Partnerships with other national agencies 73 Relationships in the Asia-Paciﬁc Region 75

Communication 76 Media and information services 76 Website and new media 78 Education and information campaigns 79

Our People and Organisational Capability 82

Objectives 82

Performance 82

Highlights 82

Overview 83 Staff Forum 84

Organisational capability and capacity 85 Attraction, development and retention of a skilled workforce 86

Encouraging a rewarding environment 91 Conditions of employment 91 Rewards and recognition 93

Organisational structure 94

Our Accountability 98

Objectives 98

Performance 98

Highlights 98

Overview 99

CONTENTS v FOOD STANDARDS AUSTRALIA NEW ZEALAND

Our roles and priorities 100 Stakeholders and regulatory partners 101

Corporate governance arrangements 103 Government and Parliament 103 Senate Estimates 104 FSANZ Board 105 Finance, Audit and Risk Management Committee 105 Business planning and management 106 Corporate planning 109

Appendices 111

Appendix 1 – Finalised projects 1 July 2008 to 30 June 2009 111

Appendix 2 – Applications received and Proposals prepared 116

Appendix 3 – FSANZ processes for assessing Applications 126

Appendix 4. External FSANZ committee members 132

Appendix 5 - Financial Statements 143

Appendix 6 – Functions and powers 174

Appendix 7 – Current publications 177

Appendix 8 – Categories of documents held 191

Appendix 9 – Consultants and contractors 194

Appendix 10: FSANZ representation 198

Appendix 11 – FSANZ Board members, attendance, qualiﬁcations and experience 205

Acronyms and Abbreviations 211

Index 214

vi CONTENTS ANNUAL REPORT 2008-2009

Guide to the Report

In preparing this report, we have followed the requirements laid down in the Commonwealth Authorities and Companies Act 1997 and in Section 152 of the Food Standards Australia New Zealand Act 1991.

The Chief Executive Ofﬁcer’s Review provides a perspective on the past year and an outlook for the year ahead.

The Corporate Overview provides a snapshot of 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.

Under Priorities and Performance, we summarise the year’s activities against the key strategic directions and performance measures identiﬁed in the 2008-09 FSANZ Budget Statement.

The main text of the report details outputs and outcomes in 2008-09 under the four key result areas of our Corporate Plan: Our Regulatory Measures, Our Stakeholders, Our People and Organisational Capability, and Our Accountability.

Our Regulatory Measures describes the outputs associated with the development of new, or variations to existing, food standards. It also provides details of other activities that support regulatory measures that apply to the sale of food in Australia and New Zealand.

Our Stakeholders documents our community consultation and communication processes, including our engagement with stakeholders.

Our People and Organisational Capability reports on the ability of the agency to meet stakeholder expectations and on initiatives for fostering and encouraging a rewarding work environment.

Our Accountability refers to our corporate governance arrangements and initiatives.

Appendices to the report contain detailed information on the processing of Applications and Proposals to amend the Food Standards Code, consistent with the reporting requirements of the FSANZ Act (Appendix 1 and 2); the process for assessing Applications and Proposals (Appendix 3); external FSANZ committee members (Appendix 4); our audited ﬁnancial statements (Appendix 5); FSANZ’s functions and powers (Appendix 6); current publications (Appendix 7); categories of documents held by the agency (Appendix 8); a list of the

GUIDE TO THE REPORT 1 FOOD STANDARDS AUSTRALIA NEW ZEALAND

consultants used this year (Appendix 9); FSANZ representation, including contributions to international forums and speaking engagements (Appendix 10); and a record of FSANZ Board members’ qualiﬁcations, experience and attendance at Board meetings and Finance, Audit and Risk Management Committee meetings (Appendix 11).

Additional information

You can obtain information on the projects and activities described in this report from the Communication Manager, Lydia Buchtmann, on +61 2 6271 2620 or lydia.buchtmann@ foodstandards.gov.au. For information on the FSANZ Annual Report 2007-08, contact the project manager and editor, Dr Michael Dack, on +61 2 6271 2239 or michael.dack@ foodstandards.gov.au. An electronic version of this report and other FSANZ publications can be accessed from the FSANZ website at www.foodstandards.gov.au.

2 GUIDE TO THE REPORT ANNUAL REPORT 2008-2009

Compliance index

The checklist below, prepared by the Institute of Public Administration Australia, summarises FSANZ’s compliance with essential reporting requirements in this annual report:

Topic Requirement Comment met

Preliminaries

Director’s sign-off Yes Letter of Transmittal

Subsidiaries included n/a

Operations

Legislation/objectives/functions Yes Corporate Overview; Our roles and priorities (p100); Appendix 3 & 6

Name of Minister in ﬁnancial year Yes Corporate Overview

Organisational structure and Yes Corporate Overview; Organisational structure (p14) locations

Review of Operations and Future Prospects

Performance against targets in Yes Priorities and Performance; Standards Corporate Plan Development Work Plan (p26); Appendix 1&2

Risks, opportunities and strategies Yes Our Stakeholders (Overview); Community involvement (p67); Our People and Organisational Capability (Overview)

Signiﬁcant changes in ﬁnancial year Yes Our Regulatory Measures

Financial results Yes Corporate Overview; Appendix 5

Developments since end of Yes Throughout this annual report ﬁnancial year

Reviews

Judicial decisions and Nil administrative tribunals

Reports: Auditor-General; Yes Australian National Audit Ofﬁce (Appendix 5) Parliamentary Committee; Ombudsman

Ministerial directions Yes Ministerial Council Reviews (p28); Work requested by the Ministerial Council (p30)

GUIDE TO THE REPORT 3 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Topic Requirement Comment met

Government policies Yes Reporting (Performance measures, p19); Regulation practice (Our Regulatory Measures – Overview); COAG alcohol strategies (p37); National Nanotechnology Strategy (p46); APEC Food Safety Forum (p75)

Corporate Governance

Directors: names/meetings/ Yes Appendix 11 attendances

Corporate governance practices Yes Corporate governance arrangements (p103)

Board committees (including Audit) Yes Finance, Audit and Risk Management Committee and attendance (p105); Appendix 11

Indemnities and insurances Yes Occupational Health and Safety (p91)

Financial Statements Yes Appendix 5

Miscellaneous

Other matters in legislation Yes Reporting requirements of FSANZ Act and CAC Act (Guide to the Report; Appendix 9)

Implementing Disability Strategy Yes Commonwealth Disability Strategy (p92)

4 GUIDE TO THE REPORT ANNUAL REPORT 2008-2009

Chief Executive Ofﬁcer’s Review

The effects of the current global economic downturn have been many and varied, touching individuals and organisations across the country.

In common with other government agencies, Food Standards Australia New Zealand (FSANZ) has had to adjust to the tough economic times. Prioritisation of projects has assumed a greater importance. The attraction and retention of skilled staff has become increasingly vital. The ability to meet rising stakeholder expectations has continued to be a major goal.

Being asked to do more with less is not an uncommon challenge for us and we have a strong track record of adapting our processes and practices to align with the resources at hand. This will be an ongoing challenge for FSANZ because there will be no let-up in industry’s desire to be innovative and efﬁcient, and in consumers’ expectations for a safe food supply.

There are two aspects to our work: outputs and outcomes. We can measure our outputs in terms of numbers of food standards ﬁnalised or food emergencies handled. Outcomes relate to the effect of the outputs on the problems of the day. They can be regarded as measures of ‘quality’ – for example, their impact on public health and safety, or on consumers’ ability to make wise buying decisions.

To achieve quality outcomes, FSANZ cannot afford to take short cuts that compromise the quality of its risk assessments and decision making. This focus on quality, in the face of limited resources, became harder to achieve in the past year but will continue to be the agency’s overriding work principle.

Our commitment to quality outcomes has meant that we must continually examine, in a careful and critical way, the various contributory factors to the quality of our performance. These include scientiﬁc excellence (staff and knowledge), comprehensive evidence bases, efﬁcient and effective internal practices and an understanding of the external environment in which we are operating.

By way of an example, we are working closely with the Ofﬁce of Best Practice Regulation to ensure that we not only put in place minimum effective regulation, but also, through a thorough understanding of the underlying problem that we may be trying to address, to focus our food standards more accurately . We need to ﬁnd an appropriate balance to regulation that does not impact adversely on the economy or quality of life of citizens.

CHIEF EXECUTIVE OFFICER’S REVIEW 5 FOOD STANDARDS AUSTRALIA NEW ZEALAND

We continue to participate in the work of the Codex Alimentarius Commission and its committees and maintain bilateral relationships with many important national food regulators around the world to fulﬁl our international obligations. We also provide a coordinating role for State and Territory jurisdictions in the management of national food emergencies.

This latter role was exercised during the melamine-in-food incident in 2008, where government regulators in Australia and New Zealand, within an international context of activity, successfully prevented a risk to consumer safety and potential loss of consumer conﬁdence in imported foods.

The event not only placed a considerable demand on FSANZ’s resources over a number of months, but also on the resources of our regulatory partners in the jurisdictions and other Australian Government agencies.

Unexpected events of this type can be expected to occur from time to time. They divert staff from scheduled activities and sometimes incur direct ﬁnancial costs. But, by achieving the outcome of maintaining public conﬁdence in the safety of food, these expenditures represent money well spent.

FSANZ must continue to fulﬁl all of its statutory obligations, and more, despite the consequences of the global economic downturn.

Citizens and industry can rely on FSANZ to place the protection of public health and safety as its prime objective – everything else is secondary. Our conservative approach to this means that every food or food ingredient approved by FSANZ for sale in Australia and New Zealand will continue to be subjected to appropriate safety evaluations. Where there is doubt, a food will not be approved.

Food businesses have never been as innovative as they are now. Industry should have every conﬁdence in our ability to assess applications to amend the Food Standards Code in a timely, objective and expert manner.

This is how FSANZ has always operated. This is how we intend to conduct ourselves in 2009-10 and beyond.

6 CHIEF EXECUTIVE OFFICER’S REVIEW ANNUAL REPORT 2008-2009

Agency developments

As implied above, FSANZ’s Board and its senior management team have worked hard to respond to these challenging times in an equitable and proactive way.

We have been able to maintain our scientiﬁc expertise in key areas, as well as our capabilities in the social sciences, economic analysis, legal drafting, communication and administrative areas, despite the need to reduce stafﬁng levels to live within our allocated resources. This has been achieved by not renewing a number of temporary positions and critically evaluating permanent positions when vacancies arise with targeted recruitment or internal staff movements to ensure key skills are maintained in critical areas.

The Executive team, announced in last year’s report, has settled into position and is showing positive results from a fresh collegiate approach to work in the agency. Two new projects, overseen directly by Executive members, are the development of a Stakeholder Engagement Strategy for FSANZ and, more recently, with the assistance of two Board members, of a Reputation Management Strategy linked into existing planning tools, such as the Corporate Plan.

These initiatives are a signal that FSANZ is placing an even greater emphasis on seeking the views and opinions of stakeholder groups, including our regulatory partners. Differences in approaches between FSANZ and its partners can dramatically slow down the standards setting process, thereby leading to a less than optimal service to the community. By understanding more fully the positions of jurisdictions, we hope that a whole-of-government consensus can be reached earlier in the process.

One area where it has been necessary to maintain expenditure is our information and communication technology systems. Like most organisations, FSANZ is dependent on its ICT hardware and support to a signiﬁcant degree.

In early 2009, we rolled out new servers and computers in Canberra and Wellington, and upgraded our key applications software to Microsoft Ofﬁce 2007. We expect such improvements to the ICT system to bring productivity gains in the preparation of documents and in online literature searching capabilities.

CHIEF EXECUTIVE OFFICER’S REVIEW 7 FOOD STANDARDS AUSTRALIA NEW ZEALAND

We also continued to carry out our monitoring responsibilities, publishing results for the National Food Handling Survey, the Ongoing Food Label Monitoring Survey in Australia and New Zealand and the Consumer Attitudes Survey. These surveys provide essential feedback on the effectiveness of FSANZ’s regulatory work and are, in part, a measure of the quality of our outcomes.

Regulatory highlights

FSANZ’s achievements in 2008-09 are covered in other sections of this report. These achievements illustrate the successful implementation of new assessment procedures to amend the Australia New Zealand Food Standards Code ﬂowing from the amended FSANZ Act in 2007.

As usual, the year tended to be dominated by a small number of high-proﬁle projects, requiring extensive consultation with stakeholders and policy guidance from the Ministerial Council.

A case in point is the proposed food standard for nutrition and health claims, which the Ministerial Council sent back to FSANZ in June 2008 for review. The Council subsequently decided to defer a decision on the results of FSANZ’s review until March 2010 to allow the completion of an independent ministerial review of labelling law and policy. In response to the review request, we have proposed substantial changes to the layout of the draft standard and amendments to the approach used for the regulation of general level health claims. Because of the signiﬁcance of the proposed changes, we released an additional consultation paper in March 2009 to seek comment on our approach to addressing these two issues.

We continued to progress a range of activities to assist in the implementation of mandatory fortification requirements for folic acid and iodine, which come into effect in September – October 2009. While outside the scope of FSANZ’s usual role, we assisted the Implementation Sub Committee (ISC) to develop a Compliance and Enforcement Model for Mandatory Fortification. The purpose of the model is to outline industry’s compliance requirements and to develop an agreed national approach for enforcing mandatory fortification requirements.

During the year, we commissioned the National Drug Research Institute at Curtin University to review the available evidence on the effectiveness of advisory statements on labels of packaged alcohol. This analysis was requested by the Ministerial Council for FSANZ to

8 CHIEF EXECUTIVE OFFICER’S REVIEW ANNUAL REPORT 2008-2009

evaluate this policy option to curb high risk drinking. We provided the Council with the conclusions of the commissioned report in May.

Work on food safety standards for the primary industries continued on a broad front, with projects at various stages of completion for the poultry meat, seed sprout, egg, raw milk and meat sectors. Using the development of a standard for eggs and egg products as a pilot, FSANZ and ISC have been coordinating their activities to ensure that standard development and implementation planning proceed simultaneously.

As mentioned earlier, we devoted signiﬁcant resources to a food emergency involving the melamine adulteration of infant formula and other dairy products in China in late 2008. This involved conducting a series of risk assessments and coordinating a national testing program for imported products. As a result, eleven products were voluntarily removed from sale by Australian importers or the manufacturer, as a cautionary measure.

These tips of the regulatory iceberg illustrate the scope and depth of FSANZ’s contribution to Australia’s and New Zealand’s food regulatory system.

FSANZ suffers to some extent from the small agency syndrome: limited career opportunities for staff. However, our retention rate is good and our levels of staff satisfaction are high. The volume and quality of work progressed during the year is due in no small part to this commitment by staff, for which I thank every person.

I am also grateful to the Board and its Chair, Philippa Smith, for its continued support and guidance in 2008-09. The tone and culture of an organisation is set at the top – the Board – and Board members have set a high bar for us.

Four members of the Board came to the end of their terms of appointment on 30 June 2009: Mrs Hikihiki Pihema (2 terms), Dr John Craven (2 terms), Mr Peter Milne (2 terms) and Dr Pamela Williams (1 term). All contributed signiﬁcantly to Board outcomes; all established productive working relationships with staff. I thank them for their valuable contribution to food regulation.

STEVE MCCUTCHEON

Chief Executive Ofﬁcer

CHIEF EXECUTIVE OFFICER’S REVIEW 9 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Corporate Overview

Highlights 2008-09

Gazetted 18 amendments to the Australia New Zealand Food Standards Code arising from Applications and 9 from Proposals, including mandatory fortiﬁcation of food with iodine, new levels for cadmium in peanuts and food derived from three genetically modiﬁed commodities.

Collaborated with the Ofﬁce of Best Practice Regulation to better identify the underlying problem behind each Application and Proposal and facilitate approval of proposed standards.

Completed a chemical and microbiological risk assessment for eggs, and received majority submitter support for a proposed approach for assessing raw (unpasteurised) milk products, such as raw milk cheese.

Coordinated the response of Australian food regulators to a food incident involving dairy-based products adulterated with melamine.

As ‘sponsor’ of a program under the Coordinated Food Survey Plan of the Implementation Sub-Committee, coordinated 6 surveys on the Plan, added 2 new surveys and administered 2 on-going surveys with jurisdictional agencies.

Reviewed the use of food colours in Australia and New Zealand in relation to children’s behaviour and reported safe levels.

Upgraded FSANZ’s dietary modelling software DIAMOND, incorporating information from Australian and New Zealand surveys about children’s nutrition and physical activity.

Provided the Ministerial Council with an assessment of the effectiveness of health advisory labelling statements on alcohol products.

FSANZ – roles and responsibilities

Food Standards Australia New Zealand (FSANZ) is a statutory authority established by the Australian Government under the Food Standards Australia New Zealand Act 1991. Our goal is to achieve ‘a safe food supply and well-informed consumers’.

The Australian Government minister, with oversight for FSANZ and for chairing the Ministerial Council, is the Parliamentary Secretary for Health, the Hon. Mark Butler, MP. Senator the Hon. Jan McLucas was Parliamentary Secretary until 9 June 2009.

FSANZ is responsible for developing food standards (regulations) for Australia and New Zealand, as well as a number of other activities speciﬁc to Australia only. We work within the provisions of the FSANZ Act, in particular three main objectives for our activities: the

10 CORPORATE OVERVIEW ANNUAL REPORT 2008-2009

protection of public health and safety; the provision of adequate information for consumers; and the prevention of misleading or deceptive conduct.

In carrying out our work, we also have regard to the need for food standards to be based on risk analysis using the best available science, and the desirability of encouraging an innovative and competitive food industry.

We receive policy advice and guidelines from the Australia and New Zealand Food Regulation Ministerial Council, which has oversight of food standards put forward by FSANZ. We also work within broader government policies, including those of the Council of Australian Governments, such as the requirement to apply the minimum regulation necessary to meet our objectives. In this regard, we liaise with the Ofﬁce of Best Practice Regulation to ensure that our regulatory impact statements justify any costs associated with new or amended food standards.

Food standards approved by the FSANZ Board and endorsed by the Ministerial Council are gazetted (published) and appear in the Australia New Zealand Food Standards Code. The standards cover the composition, labelling and handling of food. Food businesses in Australia, and to a large extent New Zealand, must comply with the requirements of the Code, which have the force of law.

Policy guidelines that we receive through the Ministerial Council are generated by the Food Regulation Standing Committee, the latter comprising representatives of State and Territory governments and the Australian and New Zealand Governments. These governments are responsible for the broader food regulatory system, within which FSANZ plays a key role:

Standard setting FSANZ

Policy Enforcement Ministerial Council States/Territories/ States/Territories/Aust/NZ NZFSA/AQIS (Health/agriculture portfolios) Implementation Sub-Committee FSANZ Act Local Government

CORPORATE OVERVIEW 11 FOOD STANDARDS AUSTRALIA NEW ZEALAND

The other key element of the food regulatory system is the enforcement of food standards. This role is probably the most visible part of the system to the public. Each jurisdiction in Australia and New Zealand is responsible for ensuring industry compliance with the national food standards or for taking necessary action in the event of food emergencies.

Historically, each jurisdiction has made its own arrangements to enforce compliance with the Code. More recently, the Implementation Sub-Committee has taken steps towards a more national approach to enforcement. FSANZ has responded to this approach by coordinating its standard-development activities more closely with those of the sub-committee.

This has been necessary because FSANZ generally produces ‘outcomes-based’ food standards, rather than prescriptive standards. Such standards do not readily provide enforcement agencies with targets against which to measure compliance. We are continuing to work with our regulatory colleagues to provide standards that are capable of appropriate enforcement.

New Zealand has its own arrangements for addressing hygiene and food handling issues, including food safety regulations for the primary industries. FSANZ develops standards in these areas for Australia, as well as coordinating national surveillance activities and a national food recall scheme. Structure and processes

FSANZ maintains ofﬁces in Canberra and Wellington, with staff drawn from a wide range of disciplines. When necessary, we augment this expertise by commissioning consultancies and by drawing on the skills and knowledge of our stakeholders and regulatory partners.

Scientific expertise: microbiology, food, technology, toxicology, gene technology, nutrition, dietary modelling, social sciences.

Other expertise: legal drafting, economic analysis, communication, stakeholder, management, regulatory practices, training, international affairs, administration. Canberra Office 120 staff

Wellington Office 15 staff

12 CORPORATE OVERVIEW ANNUAL REPORT 2008-2009

Figure 1 depicts the organisational structure for the agency. We use an established risk analysis process to develop food standards, represented by the three central columns in the chart – that is, two risk management Branches (Canberra and Wellington) and a risk assessment Branch, each under a General Manager. Our Chief Scientist ensures the quality of our scientiﬁc outputs, while a ﬁfth General Manager has oversight of legal aspects of our work and provides high-level regulatory advice.

The purpose of risk analysis is to identify any potential risks to introducing new food standards or amending existing ones. For example, certain foods or food technologies cannot be introduced into the marketplace unless FSANZ has evaluated their safety and their possible impact on health, especially the health of vulnerable populations.

Once the risks are understood, risk managers – in consultation with consumers, regulatory partners, public health professionals and industry – develop management options for controlling or minimising those risks. These options can range from rejecting an Application to change the Code, to full approval. Speciﬁc labelling statements are required to ensure consumers know what is in a food product and its possible effect on human health.

Our Chief Executive Ofﬁcer reports directly to the FSANZ Board, comprising twelve people from Australia and New Zealand. The Board sets the strategic directions for the agency and is responsible for approving or amending recommendations to change the Australia New Zealand Food Standards Code put forward by staff. In turn, the Ministerial Council can request reviews of the Board decisions.

Anyone can apply to FSANZ to amend the Food Standards Code. FSANZ processes for assessing Applications appear in Appendix 3 and in the Application Handbook.

CORPORATE OVERVIEW 13 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Figure 1. FSANZ organisation chart as at 30 June 2009

Chief Executive Officer Steve McCutcheon

Corporate Executive Executive Assistant to Chief Assistant Executive Officer Kerry Messner Treza Jensen A/g

Risk Assessment Food Standards Food Standards Legal and Chief Scientist General Manager (Canberra) (Wellington) Regulatory Affairs Paul Brent Andrew General Manager General Manager General Manager Bartholomaeus Melanie Fisher Dean Stockwell John Fladun

Executive Assistant Executive Assistant Executive Assistant Executive Assistant Executive Assistant Lucinda Stewart Shelley Corkery Kim Roper Maureen Wempe Debra Fletcher A/g

Food Safety Amanda Hill Labelling and Scientific Strategy, Information Office of Legal International Standards Counsel and Surveilance Risk Assessment Jane Allen Cain Sibley Leanne Laajoki Public Health – Chemical Nutrition Utz Mueller Standards Product Safety Jenny Hazelton Standards Leigh Henderson Standards Chief Public Health Management Consumer & Nutrition Advisor Risk Assessment Secretariats – Microbiology Social Science Dorothy Mackerras Cathie Humphries Duncan Craig A/g Trevor Webb Communication Lydia Buchtmann

Regulatory Risk Assessment Analysis Planning & – Public Health Capability Nutrition (Vacant) Jennifer Schneider Janine Lewis

Chief Finance Officer Food Composition, Evaluation & Audrey Gormley Modelling Code Inquiry Unit Janis Baines Peter Keegan Operations Tony Singer

Special Projects Chief Information Kent Brown Officer John Astridge

14 CORPORATE OVERVIEW ANNUAL REPORT 2008-2009

Evidence-based food standards

The Australian Government has highlighted the need for regulation to be evidence based. The need for such an approach is identiﬁed in the FSANZ Act. Objective regulation can only be developed when the underlying facts and assumptions are transparent, and when regulatory decisions are made solely on this evidence base. Where the evidence is equivocal or unable to suggest a risk management approach, FSANZ will acknowledge that position.

Before FSANZ can consider changes to the Food Standards Code, we must gather as much information as possible about the nature of the risk and the likely impact of new or amended food standards on the community. This body of evidence – known as the evidence base – needs to contain the best available information at the time of an assessment.

We obtain much of the scientiﬁc information from the company requesting an amendment to the Code. The Application Handbook provides details of the data we require for particular situations. If a company is unable to supply the data, we can reject an Application at an early stage. The onus is on the applicant to provide the evidence that their proposed food or food ingredient is safe.

Specialist staff at FSANZ verify the company’s evidence with information obtained from their own scientiﬁc sources, including that obtained from overseas national regulators. FSANZ analyses raw scientiﬁc data and other information, and reaches conclusions which inform regulatory decisions. We sometimes generate our own databases and data systems to assist decision making – for example, DIAMOND for dietary modelling data and NUTTAB for statistics on nutrients in foods.

The evidence base may contain social sciences information, such as studies into consumer attitudes and behaviour, which we commission. It also includes cost-beneﬁt analyses in the form of regulation impact statements.

We base our scientiﬁc risk assessments on the best available evidence and do not usually commission laboratory studies. Such studies are generally unnecessary for the majority of the agency’s work. Where they are required, we commission analytical work to inform the regulatory process.

At various stages of standards development, we release reports for public comment that summarise our evidence base. This is to ensure that all issues have been addressed and our evidence base is as accurate and as comprehensive as possible.

CORPORATE OVERVIEW 15 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Reporting our performance

FSANZ’s formal reporting mechanism is tied to the agency Outputs and Outcomes contained in the Portfolio Budget Statements 2008-09. Our agency Outcome is ‘a safe food supply and well-informed consumers’. The Outputs of all our activities have that Outcome as an objective.

This annual report lists performance targets for main groups of activities, along with quantitative or qualitative measures of success in meeting those targets (see Priorities and Performance 2008-09). As indicated below, FSANZ will report against a new Program in 2009-10 instead of the Outputs and Outcomes structure.

While this fulﬁls our reporting obligations under the Commonwealth Authorities and Companies Act, we also brief the Parliamentary Secretary for Health and the New Zealand Minister for Food Safety on speciﬁc issues during the year, and the FSANZ Chair provides a report of activities and issues to the Australia and New Zealand Food Regulation Ministerial Council at its biannual meetings.

In addition, as far as is practicable, we publish our regulatory intentions and supporting reasons on our website, and work closely with our regulatory partners to achieve the best outcomes for all stakeholders in the regulatory process.

Ultimately, however, our performance can be judged by the agency Outcome of ‘a safe food supply and well-informed consumers’. In achieving this Outcome, FSANZ is but one element of a food regulatory system. Our agency Outcome is dependent on the policy and enforcement arms of the system, as well as our own endeavours.

Public conﬁdence in food remained high in 2008-09. We interpret this successful Outcome as being due, in no small part, to our performance within an integrated regulatory system.

Summary of ﬁnancial performance

In 2008-09, we received $17.185 million appropriation funding from the Australian Government and a further $0.012 million capital injection. As part of the bilateral partnership agreement with New Zealand, the New Zealand Government contributed a further $1.545 million towards the cost of joint activities we undertake for both countries. We also received $0.290 million from the Department of Health and Ageing to fund nanotechnology activities and limited revenues for fee-for-service activities and royalties on publications. In managing FSANZ’s ﬁnances, the Board, through its Finance, Audit and Risk Management Committee, works to a four-year ﬁnancial plan.

16 CORPORATE OVERVIEW ANNUAL REPORT 2008-2009

Financial outcomes

During the year, operating revenue – including revenue from the Australian and New Zealand Governments – was $20.630 million and operating expenses were $20.772 million, resulting in an operating deﬁcit of $0.142 million.

Four-year ﬁnancial plan

The four-year plan has a number of assumptions relating to future income, changes in expenditure and the accrual of liabilities. We have assumed revenue from the Australian Government is known from the Portfolio Budget Statements 2009-10. The New Zealand Government has made a proportional contribution.

The four-year plan for 2009-10, and the forward years, assumes that FSANZ will operate a balanced budget over that period. We expect inevitable changes to both revenue and the level of expenditure as new priorities emerge and workloads change. The Finance and Audit Risk Management Committee and the Board regularly review the four-year plan to ensure our future ﬁnancial position remains sound.

Certiﬁcate of Compliance

The 2008-09 Certiﬁcate of Compliance was sent to the Department of Finance and Deregulation before October 15th, as required.

CORPORATE OVERVIEW 17 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Priorities and Performance 2008-09

We have summarised our activities against the performance information for FSANZ contained in the Portfolio Budget Statements 2008-2009: Health and Ageing Portfolio. More detailed accounts of projects and services appear later in this report (see page references).

Outcomes and outputs

FSANZ’s reporting outcomes are linked with those of the Department of Health and Ageing, in particular, the Department’s Outcome 1 – Population Health. Our reporting structure can be summarised as:

Output Group 1 – Regulatory Activity 1.1 Effective and appropriate food standards and regulatory measures underpinned by rigorous evidence-based risk assessments. 1.2 Informed stakeholders who engage in, and contribute to, the standards setting process. 1.3 Enhanced organisational capability and capacity to support the timeliness and rigour FSANZ Outcome of FSANZ’s standards setting process. A safe food supply and 1.4 Improved, relevant and compliant better well-informed consumers practice corporate governance arrangements in place, reflected in the FSANZ Corporate Governance Strategy.

Output Group 2 – Services to the Minister and Parliament 2.1 Timely, accurate and relevant ministerial and parliamentary briefings measured by Parliamentary Secretary satisfaction.

Group 1 Outputs are reﬂected in the four Key Result Areas of the FSANZ Corporate Plan 2006-2009: Our Regulatory Measures, Our Stakeholders, Our People and Organisational Capability, and Our Accountability. It is under these headings that we have described the work of the agency in this annual report.

18 PRIORITIES AND PERFORMANCE 2008-09 ANNUAL REPORT 2008-2009

Performance measures

The Portfolio Budget Statements 2008-09 set out reference points or targets associated with FSANZ’s performance in achieving Group 1 and Group 2 outputs. Activities associated with these targets are adjusted from year to year to address prevailing strategic directions and work of high priority.

Performance reference point Activities contributing to meeting targets Page(s) or target

Output 1.1 All standards to be • 100% with science-based assessments. 30 — 62 developed within designated • 100% with regulatory impact statements 30 — 62 timeframes and supported by evidence-based risk assessments.

Output 1.2 High level of • Commitment by stakeholders and regulatory 67 — 74 engagement by, and satisfaction of, partners to FSANZ’s system of scientiﬁc and stakeholders with the performance advisory committees of FSANZ. • Level of consultation on speciﬁc standards 30 — 62

Output 1.3 All Applications • Applications ﬁnalised during 2008-09 met 25 managed within statutory statutory timeframes, from start of processing Appendix 1 timeframes. Application to approval by the Board

Output 1.4 Total compliance with • Introduced reporting against Institute of Public 3 statutory and other external reporting Administration Australia compliance index requirements. • Complied with requirements of FSANZ Act and 1, 17 CAC Act

Output 2.1 Satisfaction of • Parliamentary Secretary expressed ‘satisﬁed’ with 104 Parliamentary Secretary with quality level and quality of advice provided. and timeliness of advice provided.

It should be noted that 2008-09 is the ﬁnal year in which FSANZ will report its performance against outputs. From 2009-10, all General Government Sector entities will report on a Program basis.

In summary, FSANZ will no longer report against Output Group 1 (Regulatory Activity) and Output Group 2 (Services to the Minister and Parliament), rather against Program 1.1: Food Regulatory Activity and Services to the Minister and Parliament.

PRIORITIES AND PERFORMANCE 2008-09 19 FOOD STANDARDS AUSTRALIA NEW ZEALAND

FSANZ will report on the ‘deliverables’ that contribute to the Program and on the ‘key performance indicators’ that measure the impact of the Program. Our reporting will address the ‘major activities’ that support the Program, identiﬁed for 2009-10 as:

Effective evidence-based food standards

Collaborating effectively with regulatory partners

Consumers and other stakeholders

Governance arrangements

20 PRIORITIES AND PERFORMANCE 2008-09 Our Regulatory Measures Our Regulatory Measures FOOD STANDARDS AUSTRALIA NEW ZEALAND

Our Regulatory Measures

Objectives

• Continue to work with our government partners to develop food standards through the bi-national regulatory arrangements.

• Use best regulatory practice in the delivery of food regulatory outcomes.

• Anticipate and work proactively to address new food regulatory challenges.

Performance

• Number of Applications and Proposals ﬁnalised within statutory timeframes and consistent with Ministerial policy guidelines.

• Timeliness of our management of food emergencies and public health issues arising from food.

• Ability to maintain the integrity and currency of the agency’s scientiﬁc evidence base and to augment this evidence base with consumer research and regulatory analysis.

Highlights

• 18 Applications and 9 Proposals gazetted (published).

• Amendments to the Food Standards Code included mandatory fortiﬁcation of food with iodine, new levels for cadmium in peanuts and hydrocyanic acid in ready-to- eat cassava chips, and approval for food derived from three genetically modiﬁed commodities.

• Collaborated with the Ofﬁce of Best Practice Regulation to identify more effectively the underlying problem behind each Application and Proposal.

• Reviewed the use of food colours in Australian and New Zealand foods in relation to children’s behaviour and reported safe levels.

• Provided the Ministerial Council with an assessment of the effectiveness of health advisory labelling on alcohol products.

• Coordinated the response of Australian food regulators to a food incident involving dairy-based products adulterated with melamine.

22 OUR REGULATORY MEASURES ANNUAL REPORT 2008-2009

• Completed a chemical and microbiological risk assessment for eggs, and received submitter support for a proposed approach for assessing raw (unpasteurised) milk products, such as cheese.

Overview

FSANZ develops regulatory measures in the form of food standards, which appear in the Australia New Zealand Food Standards Code. This Code has existed in its present form since December 2000. The food standards contain requirements for the content, labelling and handling of food for sale in Australia and New Zealand – requirements that apply to imported foods as well as to domestically produced products.

Australia New Zealand Food Standards Code

Chapter 1. Chapter 2. Chapter 3. Chapter 4. General Food Food Product Food Safety Primary Production Standards Standards Standards and Processing (Australia only) Standards (Australia only)

Food standards normally address market failure or a potential market failure. A market failure could be the emergence of new knowledge about the adverse effects of a contaminant or chemical residue on human health or the consumer not being provided with the information required to make wise buying decisions. Potential market failure could include the addition of substances to foods for which there is no history of safe use, or the introduction of new food production technologies.

FSANZ has to ensure that the regulatory burden on the food industry is no greater than that considered necessary for effective public health and safety and is commensurate with the risk. This is minimum effective regulation.

The ultimate minimum regulation, of course, is no regulation. However, food is unlike other traded commodities. People have to consume food to exist – they cannot opt out.

OUR REGULATORY MEASURES 23 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Government therefore has assumed a responsibility, through the provisions of the Code, for ensuring that food products do not compromise public health and safety.

This leaves FSANZ with the task of determining what is meant by ‘minimum’ and what is meant by ‘effective’. Both are tied to the underlying problem being addressed by a new or amended food standard.

For example, we received an Application to require pregnancy advisory statements on alcohol products. Was the underlying problem one of lack of information in the marketplace about the adverse effects of alcohol or the potential effects of alcohol on the foetus? We decided that ‘minimum’ and ‘effective’ should be applied to the latter. Thus, we are focusing on the likely effectiveness of a labelling measure to reduce foetal alcohol syndrome, rather than on increasing the level of awareness of foetal alcohol syndrome in the community as an end in itself.

During the year, we paid greater attention to identifying the problems being addressed by Applications and Proposals in an attempt to target our outcomes more accurately.

We collaborated with the Ofﬁce of Best Practice Regulation on a number of major projects – e.g. food safety standards for the primary industries – to ensure that we could justify the costs to the community of our regulatory measures. These costs are borne by industry and government enforcement agencies. We have to demonstrate that beneﬁts outweigh the costs.

FSANZ has always had regard to cost-beneﬁt and cost-effectiveness analyses through the production of regulatory impact statements. We extended that work in 2008-09 by integrating regulatory impact analysis more thoroughly into our decision making, earlier in the process, as a means of achieving relevant outcomes.

While the above considerations impose a discipline on our regulatory decision making, and contribute valuable information to the evidence base, the quality of our food standards depends largely on the robustness of FSANZ’s regulatory science. Science provides the cornerstone of standards development in FSANZ

Our risk assessors use an internationally recommended process (Codex) to evaluate the safety of foods. They determine whether a food poses a threat to human health, the likelihood of a consumer being adversely affected and the severity of any food-borne illness. A risk assessment could examine the consequences of a lack of information being provided to consumers – especially vulnerable groups – about a food product. It could also assess the potential beneﬁts of a mandatory fortiﬁcation measure.

Risk managers develop regulatory options based on the scientiﬁc risk assessments, within the context of minimum effective regulation and relevant policy guidelines. This requires a

24 OUR REGULATORY MEASURES ANNUAL REPORT 2008-2009

thorough understanding of the problem being addressed, the scientiﬁc evidence of risk and the current relevant regulatory environment, in Australia, New Zealand and overseas.

The resulting food standards are the minimum measures necessary to maintain public safety – measures that need to be reviewed from time to time.

A case in point is the existing prohibition in the Food Standards Code of the sale of food products made from milk that has not been heat treated (i.e. unpasteurised milk). FSANZ is in the process of examining whether it is possible to produce safe ‘raw milk’ products (e.g. cheese) without the mandatory requirement that the milk should have been heat treated. In other words, we are looking at whether it is feasible to pull back from the current prohibition and case-by-case approval process.

Applications and Proposals gazetted 1 July 2008-30 June 2009

We gazetted 18 variations to food standards arising from Applications (17 in 2007-08) and 9 variations to standards arising from Proposals (7 in 2007-08). Please consult Appendix 1 for more detail.

Food standards development

Detailed information on Applications and Proposals processed in 2008-09 is contained in Appendices 1 and 2. Information on FSANZ’s process for assessing Applications and Proposals can be found at Appendix 3.

Ministerial Council Policy Guidelines

The Australian Government, States, Territories and the New Zealand Government are represented by their Health or Food Ministers (as Lead Ministers) on the Australia and New Zealand Food Regulation Ministerial Council. Other Ministers from relevant portfolios such as agriculture, industry, or consumer affairs also participate on the Ministerial Council to ensure a whole-of-Government approach to food regulation.

The Ministerial Council is responsible for the development of food regulatory policy for domestic and imported foods and the development of policy guidelines for setting food standards for domestic and imported foods. In developing or reviewing food regulatory measures and variations to food regulatory measures, FSANZ must have regard to any written policy guidelines formulated by the Ministerial Council and notiﬁed to FSANZ for these purposes.

OUR REGULATORY MEASURES 25 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Ministerial Policy Guidelines notiﬁed to FSANZ in 2008-09

No Guidelines were notiﬁed to FSANZ in 2008-09.

Standards Development Work Plan

New assessment procedures for Applications and Proposals took effect on 1 October 2007, with the requirements outlined in Part 3 of the Application Handbook.

We continue to assess Applications received, or Proposals prepared, before 1 October 2007 under the procedures in place at that time. Tables 1 and 2 reﬂect the two types of procedures.

While the number of Applications and Proposals dealt with decreased compared to last year, our workload continued to be characterised by increased demands and complexities. Table 1 shows the number of Applications, Proposals and Potential Proposals on the Work Plan (received or prepared prior to 1 October 2007) as at 30 June 2009, in all Work Plan Groups. Table 2 shows the number of Applications and Proposals received or prepared from 1 October 2007 onwards on the Work Plan as at 30 June 2009.

Table 1: Applications and Proposals on the Work Plan (received or prepared before 1 October 2007)

As at 30 June 2006 30 June 2007 30 June 2008 30 June 2009

Group 1 19 16 9 8

Group 2 30 34 19 9

Group 3 13 14 8 1

Under review 4121

Total 66 65 38 19

With the Ministerial Council or awaiting notiﬁcation to 7 6 10 3 the Ministerial Council Estimated waiting time 12 months 12 months 12 months 12 months Group 2

Group 1 is for Applications or Proposals raising health and safety issues being progressed as a priority or identiﬁed by jurisdictions as warranting priority.

Group 2 is for unpaid Applications or Proposals placed on a 3-year rolling Work Plan scheduled for commencement in order of receipt.

Group 3 is for paid applications, on which work commences on receipt of an Initial Assessment fee.

26 OUR REGULATORY MEASURES ANNUAL REPORT 2008-2009

Table 2: Applications and Proposals on the Work Plan (received or prepared from 1 October 2007 onwards)*

As at 30 June 2008 30 June 2009

General Procedure 8 (4 paid) 15 (8 paid)

Minor Procedure 0 0

Major Procedure 1 (1 paid) 5 (2 paid)

Urgent Applications or Proposals 1 0

Under review 0 0

Total 10 20

With the Ministerial Council or awaiting notiﬁcation to the 12 Ministerial Council

Estimated waiting time for unpaid 9 months Applications 12 months 24 months for labelling applications

*This does not include potential Applications and Proposals for which an Administrative Assessment has commenced, but not yet completed, as these have not yet been placed on the Work Plan.

General Procedure – This Procedure applies to all Applications or Proposals, unless they are being considered under either the Minor or Major Procedures or are considered ‘urgent’ under Division 4 of the FSANZ Act.

Minor Procedure – This Procedure applies to Applications or Proposals for the variation of a food regulatory measure that, if made, would not directly or indirectly impose, vary or remove an obligation on any person; or create, vary or remove a right of any person; or otherwise alter the legal effect of the measure.

Major Procedure – This Procedure applies to Applications or Proposals that involves such scientiﬁc or technical complexity that it is necessary to adopt this Procedure in considering it; or involves such a signiﬁcant change to the scope of the food regulatory measure that it is necessary to adopt this Procedure in considering it.

Urgent Applications or Proposals – These Applications and Proposals are considered urgent under Division 4 of the FSANZ Act. Under these provisions, FSANZ is required to assess the variation to the Code within 12 months of the date of effect of the gazetted variation. FSANZ may then either re-afﬁrm its original decision or prepare a proposal for a further variation or replacement variation.

OUR REGULATORY MEASURES 27 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Table 3: Total Applications received and accepted onto the Work Plan and Proposals prepared

2005-06 2006-07 2007-08 2008-09

Applications 20 24 16 14

Proposals 2 1 9 4

Total 22 25 25 18

Table 4: Applications and Proposals ﬁnalised

2005-06 2006-07 2007-08 2008-09

Final Assessments made by 26 19 29 10 the FSANZ Board

Approvals made by the n/a n/a 2 8 FSANZ Board

Applications withdrawn or rejected* or removed from 35916 the Work Plan Proposals abandoned

Total completed 29 24 40 34

Applications or Proposals 26 25 24 25 gazetted

*This includes Applications rejected at Administrative Assessment.

Tables 3 and 4 demonstrate, respectively, the trends in projects being accepted onto the Work Plan since 2005 and Board decisions over the same time period. Further information on the above can be obtained from Appendix 2.

Ministerial Council Reviews

The number of 1st Reviews requested by the Ministerial Council continues to ﬂuctuate, but there was a large percentage increase in 2008-09 over previous years.

28 OUR REGULATORY MEASURES ANNUAL REPORT 2008-2009

Table 5: Notiﬁcation outcomes

2005-06 2006-07 2007-08* 2008-09

Final Assessment 27 19 22 10 decisions notiﬁed

Approval decisions n/a n/a 1 8 notiﬁed

Requests for 1st Review 7 (27%) 3 (16%) 6 (26%) 8 (44%)

1st Review decisions 11 5 4 7 notiﬁed

Requests for 2nd Review 3 (27%) 0 1 (25%) 0

*The ﬁgures in this column may differ from those provided in the 2007-08 Annual Report as Review requests for matters notiﬁed in 2007-08 may have been received by FSANZ after the deadline for publication.

Under the 2008 Inter-Governmental Food Regulation Agreement, Ministers can only request reviews of FSANZ decisions based on one or more of the following criteria:

(i) it is not consistent with existing policy guidelines set by the Ministerial Council; or

(ii) it is not consistent with the objectives of the legislation which establishes FSANZ; or

(iii) it does not protect public health and safety; or

(iv) it does not promote consistency between domestic and international food standards where these are at variance; or

(v) it does not provide adequate information to enable informed choice; or

(vi) it is difﬁcult to enforce or comply with in both practical or resource terms; or

(vii) it places an unreasonable cost burden on industry or consumers.

We received eight Review requests during the year. Three requests for a 1st Review were for genetically modiﬁed commodities based on criterion (iii). The Ministerial Council also requested 1st Reviews of an Application increasing the maximum level of cadmium in peanuts and an Application relating to lutein being added to infant formula. Both of these review requests were based on criteria (ii), (iii) and (vii). A further 1st Review request on an Application proposing to add calcium to chewing gum was based on criteria (i), (ii), (v) and (vi).

OUR REGULATORY MEASURES 29 FOOD STANDARDS AUSTRALIA NEW ZEALAND

In addition, a review was requested on a Proposal which sought to permit and regulate the composition of added inulin / fructo-oligosaccharides and galacto-oligosaccharides to food based on criteria (i), (ii), (iv) and (vi). Finally, a 1st Review request on a Proposal relating to hydrocyanic acid in ready-to-eat cassava chips was based on criteria (vi) and (vii).

Additional work requested by the Ministerial Council

The Ministerial Council notiﬁed FSANZ of the following matters on 16 December 2008:

1. FSANZ to provide an assessment of the Southampton Study (UK) of food colours and children’s behaviour to Ministerial Council members.

2. FSANZ to provide further information regarding the risk assessment of Application A588 – Voluntary Addition of Fluoride to Packaged Water to the Ministerial Council.

3. FSANZ to assess the difference between consumption data used to prepare its 2007 report on trans fatty acids in the Australian and New Zealand food supply and new data generated by the National Children’s Nutrition and Physical Activity Survey Program and advise the Ministerial Council as to whether this would change the conclusions of the 2007 Report.

FSANZ reviews of food standards

To maintain the currency of provisions in the Australia New Zealand Food Standards Code, FSANZ reviews food standards on a regular basis, as resources become available. We have identiﬁed a number of standards warranting a review – for example, a general labelling review — but have delayed implementation because of the demands of routine standards-setting activities on our resources. This resource constraint has also led to timelines for reviews already in progress being extended.

Review of food additives – benzoates and sulphites

The 21st Australian Total Diet Study in 2005 raised questions about the consumption of the food preservatives benzoates and sulphites in the population, especially by young children. We have since held discussions with industries about the dietary exposure of children to three categories of food – drinks, dried fruit and raw meat sausages.

In 2008-09, we established that industry has signiﬁcantly reduced the use of these preservatives in drinks and dried fruit since 2003. Discussions are continuing with manufacturers of raw meat sausages to identify industry use of preservatives in raw meat

30 OUR REGULATORY MEASURES ANNUAL REPORT 2008-2009

sausages. We will then incorporate the 2007 Australian Children’s Nutrition and Physical Activity Survey data into our dietary modelling.

Information from this work will allow us to decide whether children’s eating habits have changed in the last decade and whether they are consuming too high a level of these preservatives. We should be in a position to recommend changes to the Code, if any, by late 2009.

Review of hydrocyanic acid in ready-to-eat cassava chips

We established that a maximum level of 10 mg/kg for total hydrocyanic acid in ready-to-eat cassava chips was necessary to adequately protect public health and safety. Changes to the Food Standards Code giving effect to this requirement were gazetted during the year.

Review of food allergens

Food allergy is an adverse reaction to food involving the immune system. Approximately 1-2% of adults and 5-8% of children have food allergy. The clinical symptoms of food allergies range from mild to severe and life-threatening reactions. The majority of food allergies are caused by egg, milk, ﬁsh, crustacea, peanuts, soybeans, tree nuts and sesame seeds, and their products. The only way for the allergic individual to avoid a reaction is to not eat the food that causes the allergic reaction.

Since 2002, Australia and New Zealand have speciﬁc requirements for the declaration of food allergens to consumers on the food label, for packaged products; or at the request of consumers for food sold unpackaged.

FSANZ is in the process of reviewing the allergen regulations, as requested by the Ministerial Council. The review will ensure the regulatory requirements reflect the current scientific knowledge in this field. We are consulting with allergy experts to establish the evidence required to progress the review. As part of the review, we are assessing the significance of lupin as an emerging food allergen. Lupin — a legume related to pea, peanut and soy — has been recently recognised in Europe as a cause of allergic reactions and anaphylaxis.

Foods and food ingredients requiring pre-market approval

To protect consumers from unsafe food, FSANZ carries out safety assessments on certain categories of food and food ingredients before they are approved for sale in Australia and New Zealand. We take a conservative approach to these and other safety assessments. We will not approve a food for sale if there are any doubts about its safety.

OUR REGULATORY MEASURES 31 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Novel foods

Through the Advisory Committee on Novel Foods, FSANZ and its jurisdictional partners provide advice to industry on whether a substance requires pre-approval before its use in Australian and New Zealand foods. We publish the decisions of this advisory committee on our website.

We are examining a request from two manufacturers for the exclusive use of a chemically deﬁned mixture of conjugated linoleic acid triglycerides derived from food-grade safﬂower oil as novel foods. If the permissions are granted, manufacturers intend to add the mixtures to a range of foods to assist consumers to manage their weight.

We also commenced assessments of three Applications associated with the use of phytosterols in food. The use of phytosterols is already approved for certain products, including table spreads, to assist in lowering cholesterol absorption.

Manufacturers are seeking approval for the use of phytosterols derived from vegetable oils as a novel food ingredient in fruit juice and fruit juice drinks with a minimum 25% juice and tall-oil phytosterol esters in reduced-fat cheeses. Another manufacturer is also requesting a consolidation of the current permissions for phytosterols and their esters within the Code to reﬂect equivalence of safety and efﬁcacy of the various forms of phytosterols.

In order to assess the merits of these Applications, FSANZ will analyse data on the cholesterol- lowering effects, nutritional effects and safety of phytosterols when added to the respective food vehicles.

We are particularly interested in the cumulative consumption of phytosterols (including current permissions for tall oil phytosterols and phytosterol esters), especially among children, if they are permitted in a broader range of foods. Another area of concern is the potential for altered patterns of consumption of the food vehicle (juice, juice drink and low-fat cheese) by consumers to affect public health.

Genetically modiﬁed foods

In 2000, we approved our first genetically modified (GM) food, a herbicide-tolerant soybean. Since then, we have approved a total of 38 GM foods from a variety of crops – cotton, corn, canola, sugar beet, potato, lucerne and rice – as well as soybean. We approved six GM foods during the year, two of which are currently the subject of review by the Ministerial Council. A further five applications are currently under assessment.

32 OUR REGULATORY MEASURES ANNUAL REPORT 2008-2009

The majority of GM food Applications have been concerned with plant commodities possessing ‘ﬁrst generation’ traits, such as herbicide tolerance and insect protection. We anticipate receiving Applications for commodities possessing ‘second generation’ traits, such as altered compositional content.

As foreshadowed in last year’s report, we arranged for an external peer review of FSANZ’s GM food safety assessment procedures. The purpose of this review was to benchmark our performance in GM food safety assessment against international best practice and to identify areas for enhancement of our scientiﬁc capability in this area. The review was undertaken by Dr William Yan from Health Canada.

Dr Yan concluded that the current process used by FSANZ to assess GM food is scientiﬁcally rigorous and consistent with international principles on GM food safety assessment. His report noted the expertise and skills of staff in assessing foods derived from gene technology and FSANZ’s lead role in international considerations of GM food safety.

FSANZ has accepted Dr Yan’s recommendations for maintaining its competence and international standing in GM matters and is implementing his suggested improvements to practices.

Processing aids

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. In 2008-09, we gazetted amendments to the Code for two asparaginase enzymes from different sources, which have been developed to reduce acrylamide formation in processed foods. We also approved two other enzymes, phospholipase A2 and cellulase.

Food additives

A food additive is a substance that performs a technological function in the ﬁnal food. In 2008-09 we approved the use of steviol glycosides as an intense sweetener and are currently considering the use of ethyl lauroyl arginate as an anti-microbial food additive.

Maximum residue limits (MRLs)

Maximum residue limits in the Code restrict the level of agricultural and veterinary chemical residues in food, while maintaining the effective control of pests and diseases in plants and animals. Regulatory authorities assess the residues associated with proposed MRLs and only permit residues that do not present public health or safety concerns.

OUR REGULATORY MEASURES 33 FOOD STANDARDS AUSTRALIA NEW ZEALAND

During the year, we assessed three Applications and two Proposals to change MRL values and gazetted subsequent amendments to the Code.

Contaminants in the food supply

In 2008-09, we increased the maximum permissible level for cadmium in peanuts. Peanuts are a minor contributor to overall dietary exposure to cadmium for Australian and New Zealand consumers. Following an extensive risk assessment, we concluded that the increase to the maximum level is safe for consumers. It will alleviate any shortfall between domestic and imported supplies of peanuts and still ensure that adequate measures are in place to keep cadmium in the food supply to as low as reasonably achievable.

Fortiﬁed foods

Mandatory fortiﬁcation with folic acid and with iodine

In July 2008, FSANZ approved extending the New Zealand-only standard for mandatory iodine fortiﬁcation to become a joint standard for both Australia and New Zealand. During this year, therefore, we undertook activities to support the effective implementation of the new requirements for industry, as well as those for the mandatory fortiﬁcation with folic acid.

Folic acid is being added to bread-making ﬂour in Australia and, at the time of preparing this report, to bread in New Zealand to further reduce the incidence of neural tube defect (NTD) affected pregnancies. At the same time, salt added to bread during bread-making is being replaced with iodised salt in Australia and New Zealand to address the re-emergence of iodine deﬁciency in the population.

In Australia, approximately 300-350 pregnancies are affected by a NTD, like spina biﬁda, each year. We estimate that folic acid fortiﬁcation will result in the number of NTD-affected pregnancies per year being reduced by 14-49 in Australia.

Iodine deﬁciency has recently re-emerged as a public health concern, with 43% of Australians aged two years and older estimated to be consuming inadequate amounts of iodine. We anticipate that mandatory iodine fortiﬁcation will reduce inadequate iodine intakes to less than 5% in Australia, with similar results expected in New Zealand.

In Australia, the mandatory requirements for folic acid fortification came into effect in September 2009 and for iodine in October 2009. For New Zealand, iodine mandatory fortification became law in September 2009. The New Zealand Government has deferred manditory folic acid fortification until 2012.

34 OUR REGULATORY MEASURES ANNUAL REPORT 2008-2009

In the lead up to the commencement dates, we have been involved in a number of key activities to help ensure the effective implementation of the new regulations. For example, we have developed User Guides, in consultation with government and industry representatives, to help manufacturers, retailers and food enforcement ofﬁcers interpret and apply the new requirements in Australia.

To assist in informing the general public, we prepared advice to specific population groups which will assist other organisations to develop their own communication and education materials for mandatory fortification. We developed a series of published articles in special interest group newsletters to ensure targeted messages are being provided to specific population groups. Our website also contains information suitable for consumers, health professionals and industry to assist in answering questions and explaining issues relating to mandatory fortification.

The Australian Institute of Health and Welfare has the overall coordinating role for monitoring activities for mandatory fortiﬁcation. We are assisting this monitoring program by tracking key changes in the food supply and by monitoring food consumption patterns and consumer attitudes towards fortiﬁed foods.

Voluntary fortiﬁcation with calcium and with ﬂuoride

FSANZ completed assessments of two Applications seeking permission to add speciﬁc vitamins and minerals to new food categories.

The ﬁrst related to the addition of calcium to chewing gum (containing no more than 0.2% residual sugars). The manufacturer sought permission for this fortiﬁed product to provide consumer choice and as an additional dietary source of calcium, given many Australians and New Zealanders do not consume enough calcium to meet their nutritional needs.

We approved the addition of calcium to chewing gum (containing no more than 0.2% residual sugars – commonly referred to as ‘sugar-free’ chewing gum) on the basis that it did not raise any safety concerns, had the potential to assist in addressing inadequate calcium intakes of consumers who chew gum, and may also provide short-term dental beneﬁts. We recommended that no health claims should be allowed.

The Food Regulation Ministerial Council asked us to review our decision to approve this Application, which we did, without change, but with the recommendation that the Ministerial Council may wish to review the policy guidelines relating to the fortiﬁcation of food. Ministers did not seek a further review in relation to this Application.

OUR REGULATORY MEASURES 35 FOOD STANDARDS AUSTRALIA NEW ZEALAND

The second Application for voluntary fortification involves the addition of fluoride to packaged (bottled) water. The applicant wished to provide a fluoridated bottled water so that people without access to fluoridated water or who preferred to drink fluoridated water would have this choice available to them, while those who preferred unfluoridated bottled water would still have access to unfluoridated products.

Water ﬂuoridation is a contentious issue for some sub-sectors of the community. For this reason, we undertook a comprehensive and robust risk assessment which found that there are no public health and safety concerns for ﬂuoridated packaged water. We also worked closely with government agencies, water experts and dental professionals in Australia and New Zealand who supported our conclusions.

We assessed this Application on the basis of ‘nutritional equivalence’ because fluoridated packaged water is a substitute beverage for fluoridated tap water in terms of its appearance, use and nutritional profile.

On the basis of this assessment, FSANZ approved the voluntary fortification of packaged water with fluoride. This decision enables bottlers to offer fluoridated packaged water to consumers as an alternative to fluoridated tap water or as a source of fluoride for those who do not have access to fluoridated tap water. To provide for informed consumer choice, packaged water with added fluoride will be required to be labelled to clearly indicate that a product ‘contains added fluoride’.

Food labelling

We develop and amend labelling standards within the context of our statutory objectives. Increasingly, we are asked to assess Applications which seek to provide consumers with information on food labels for reasons of personal choice, rather than addressing particular public health or safety issues.

Applications about labelling for vegetarians, for food produced using gene technology by method of production, and for animal-derived products that refer to their methods of production and rearing, are examples of such matters that we considered this year. All required careful consideration. However, none of these Applications were successful since they were outside the scope of FSANZ’s mandate for standards development.

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Nutrition and health claims

In response to the Ministerial Council’s request received in June 2008, we have proceeded with the analysis of issues raised for a First Review of the draft standard for nutrition, health and related claims.

However, the Ministerial Council has since requested that a decision on our review response be deferred so that it can be considered concurrently with the outcomes of an independent ministerial review of labelling law and policy being conducted in 2009.

We released a paper for consultation which addressed proposed changes to the draft health claims standard arising from the Ministerial Council’s review request. These changes relate to the approach used for the regulation of general level health claims and the text and structure of the draft food standard. We are continuing with the preparation of our response to the review request during the rest of 2009.

Health advisory labels on packaged alcohol

FSANZ is currently undertaking two pieces of work aimed at assessing the suitability and effectiveness of health advisory statements on alcoholic beverage containers.

The ﬁrst project is an Application to require health advisory statements on the labels of packaged alcoholic beverages advising of the risks of consuming alcohol when planning to become pregnant and during pregnancy. The second was a request from the Ministerial Council for us to consider mandatory health advisory statements on packaged alcohol in relation to high-risk drinking.

In response, we commissioned the National Drug Research Institute at Curtin University to conduct two reviews on the effectiveness of labelling, the ﬁrst with a focus on high-risk drinking and the second on pregnancy.

We presented the Ministerial Council with the review report on the effectiveness of labelling in relation to high-risk drinking in May 2009. The Ministerial Council intends to forward this report to the Ministerial Council on Drug Strategy for consolidated consideration by the Council of Australian Governments of broader measures aimed at reducing alcohol-related harm.

In relation to the Application seeking health advisory statements about pregnancy, we are currently analysing the regulatory options, taking into account all relevant evidence and information provided by the commissioned review. FSANZ is cognisant of a number of other activities and initiatives underway in Australia and New Zealand which aim to reduce alcohol- related harm to the foetus.

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Exemption of allergen declaration for isinglass

The Beer, Wine and Spirits Council of New Zealand applied for an exemption from the requirement to declare isinglass on the label, when present in beer and wine as a result of its use as a clarifying agent. Isinglass is a processing aid commonly derived from dried swim bladders of certain tropical and subtropical ﬁsh.

We concluded that consumption of isinglass-ﬁned beer and wine was not likely to present a risk of allergic reactions in ﬁsh-allergic consumers. Following approval by the Ministerial Council, the draft variation of the Code was gazetted in May 2009, thereby giving effect to the exemption.

Food standards for the primary industries

FSANZ has the responsibility for the development of food safety standards for the primary industries to be included in the Australia New Zealand Food Standards Code. The objective is to ensure that food safety is addressed through nationally consistent measures across the entire food chain. We are progressively addressing all primary industry sectors.

These standards – known as primary production and processing standards – apply in Australia only. New Zealand has its own arrangements for primary production.

Following a number of consultations with State and Territory regulators about the implementation of these standards, FSANZ and its jurisdictional partners have developed an integrated model for the development of food standards and consistent implementation. The model envisages a food standard being presented to the Australia and New Zealand Food Regulation Ministerial Council for consideration along with the associated implementation plan and regulatory impact statement.

The model was endorsed by the Food Regulation Standing Committee (FRSC) in August 2008. FRSC agreed that the model would be limited to primary production and processing standards and that the standard for eggs and egg products would provide a pilot.

Eggs and egg products

FSANZ has completed a chemical and microbiological risk assessment which conﬁrmed that use of cracked or dirty eggs and unpasteurised pulp poses the greatest food safety risk to consumers. Outbreaks of food-borne illness attributed to eggs indicate that current measures in the Code to limit the sale of cracked and dirty eggs and to require pasteurisation of all pulp are inadequate.

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The draft standard addresses these issues and enables the Egg Implementation Plan Working Group to progress their work. This group has developed a succinct Compliance Plan which will enable the egg industry to understand how they can meet the minimum requirements for compliance with the new egg standard, and how the jurisdictions will implement the standard.

We intend to release the draft standard for public consultation in September 2009 and anticipate that the standard will be completed by mid-2010.

Poultry meat

FSANZ is continuing to work with the chicken industry and the jurisdictions to resolve remaining issues around this project. We anticipate that the standard will be ﬁnalised in late 2009.

We completed a nationwide baseline survey to determine the extent of Salmonella and Campylobacter contamination on poultry and poultry meat. The survey, coordinated by FSANZ with the participation of ﬁve States and the Department of Health and Ageing, started in mid-2006. The data generated from this survey will assist us to evaluate the effectiveness of risk mitigation control measures proposed for the poultry meat standard.

We presented the results of the survey to the Implementation Sub-Committee in July 2009.

Raw milk products

FSANZ is reviewing requirements in the Code for raw (unpasteurised) milk products, including raw goat and cow milk and some raw milk cheeses. The Code currently requires milk and milk products to be made from heat-treated (pasteurised) milk. This is regarded as an important public health measure to destroy bacterial pathogens that may be present in raw milk.

We are examining whether these restrictions are still required – and to what degree – to protect public health and safety.

In August 2008, FSANZ released a Discussion Paper for public consultation which outlined our approach to look at the range of products collectively rather than individual cheeses or product. This ‘category approach’ is based on intrinsic properties of products and the processing they receive to prevent survival or growth of pathogens that may have been present in raw milk, in the ﬁnal product.

We received more than 900 submissions in response to the Discussion Paper. The majority of submitters supported the review because they want greater access to raw milk products. Of the submitters who commented on the ‘category approach’, the majority supported it as a sound and systematic way of assessing raw milk products. However, the pasteurised dairy

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industry, in supporting the approach, urged caution in permitting raw milk products because of the potential of a food safety problem to damage the reputation of the dairy industry as a whole.

Our microbiological risk assessments on raw milk cheeses, raw goat’s milk and raw cow’s milk will be included in a report planned for public release and comment later in 2009. We expect to ﬁnalise the project in 2011.

Seed sprouts

Food-borne illnesses caused by seed sprouts (alfalfa) contaminated by Salmonella Oranienburg occurred in Western Australia, Victoria and Tasmania in 2005-2006. Australian and New Zealand sprout producers subsequently formed an association and developed draft guidelines for the safe production of seed sprouts. There are, however, currently no national and enforceable regulatory food safety measures for the production of seed sprouts.

During the year, we began an assessment of food safety in the seed sprouts industry (e.g. mung beans, alfalfa, mustard seed, onion, radish, soy bean) as the ﬁrst step towards the development of a primary production and processing standard for plants and plant products. Future work will focus on other plant products. With the assistance of a Standard Development Committee, we developed an assessment report for public comment, which was approved by the FSANZ Board for release in July 2009.

Meat and meat products

Currently, meat safety is managed through a number of meat safety systems implemented by industry and through differing State and Territory regulatory systems for the processing stage. We propose to consolidate existing measures into a single set of national requirements to support the production of safe meat products.

We intend to include meat and meat products from farmed cattle, pigs, sheep and goats using extensive and intensive farming, and harvested goats and rendered products for human consumption. We will address meat and meat products from farmed minor meat species, ratite meat and wild-game animals at a later stage.

A Standard Development Committee with representatives from major meat industry associations, government and consumers is assisting us to identify the scope of, and options for, any regulatory measures. Our analysis of hazards and current control measures to date indicates that the current regulatory (State and Territory) and non-regulatory (industry schemes) measures provide for a safe meat supply.

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We expect to release an assessment report for a ﬁrst round of public consultations in September 2009, with a standard for the major meat species being completed by December 2010.

Public health and food safety standards

Catering standard

We continued to implement policy guidelines from the Ministerial Council to apply food safety programs to the catering sector. However, in May 2009, the Ministerial Council made an in- principle decision to review the policy guideline in relation to the food service sector (excluding existing requirements applying to food service to vulnerable populations). This has resulted in the work being placed on hold pending a ﬁnal decision by the Ministerial Council on the proposed policy guideline review.

Improving our standards development outcomes

The cornerstone of FSANZ’s standards development process is the generation of an evidence base to support decision making. In turn, the quality of this evidence base depends heavily on our regulatory science. Improvements in regulatory science capability, therefore, have the potential to contribute signiﬁcantly to agency outcomes aimed at meeting stakeholder expectations.

Our scientiﬁc capability

We developed a Science Strategy 2006-09 to assist us to enhance our scientific capabilities to meet future food regulatory challenges. The strategy focused on specific components of our scientific work, including our scientific expertise, external engagement of stakeholders, enhancing our evidence base, tools used in our assessments, responding to emerging scientific issues, systems to measure performance and transparency and risk communication.

In November 2008, we undertook an evaluation to determine the effectiveness of the strategy in meeting its objectives. The evaluation targeted both external and internal stakeholders of the strategy.

Feedback from external stakeholders showed that most were satisfied with FSANZ current scientific expertise/skill-base, credibility, transparency and the relevance of evidence used in risk assessments. Stakeholders also appeared satisfied with our use of the peer review process, our development of the evidence base and the skills of our scientific workforce.

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The outcomes of this evaluation are being utilised in the development of a Science Strategy 2010-15, which we commenced during the year.

The Science Strategy has close links to all Application, Proposal and review work conducted by the agency, as well as most of our non-standards work. We intend to consult with external stakeholders during the development of the new strategy and expect to ﬁnalise it in September 2009.

Readability of FSANZ’s scientiﬁc reports

When FSANZ considers changes to the Food Standards Code, we must base food standards on risk analysis, using the best available scientiﬁc evidence.

FSANZ scientists with a diverse range of expertise across key disciplines including toxicology, genetics, social science, nutrition, public health, microbiology, and food science perform this task. They review and critically evaluate literature relevant to our work, carry out complex mathematical modelling and, in some cases, commission external individuals or groups to do speciﬁc research.

Historically, we publish the scientific reports as individual reports for each discipline – for example, assessment reports on food safety, nutrition, dietary exposure and food technology. This results in a degree of duplication, a lot of reading and, potentially, some difficulty for the reader in seeing how all this work fits together to inform the decisions we make.

In 2008-09, we explored ways to better communicate the extensive scientific studies that inform so much of what we do. As a result, we decided to conduct a trial of integrating the diverse scientific work relevant to a project into one report to show more readily how the whole of the scientific analysis fits together.

The approach should mean readers will have less to read, while ﬁnding it easier to understand, and hence to comment on, when we ask for public submissions.

In-house professional development

The Science Strategy has identified considerable expertise within FSANZ in a range of scientific disciplines. We have therefore made use of this capability to assist the professional development of scientific staff.

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For example, FSANZ’s Chief Public Health Nutrition Advisor, a nutritional epidemiologist, has previously taught in the Master of Public Health degrees at the Universities of Sydney and Queensland and at the Charles Darwin University. She developed and conducted a series of epidemiology lectures and associated practical exercises for staff during the year.

To date, the series has covered introductory topics in study design and common calculations reported in epidemiological studies, illustrating epidemiological principles with practical application to FSANZ work. Scientists from the New Zealand Food Safety Authority have also attended the lectures. We plan to continue this series on epidemiology.

Public health issues

Food additives and children’s behaviour

Recently, consumer groups have raised concerns that food colours may cause learning and behavioural difﬁculties in some children. However, research undertaken in the last three decades on the effect of food additives on children’s behaviour has been unable to establish a causal relationship between these adverse outcomes and particular additives.

In September 2007, a study commissioned by the United Kingdom Food Standards Agency (UKFSA) (the Southampton Study) found possible effects on children’s behaviour from consuming mixtures of six artiﬁcial food colours and a preservative.

An expert panel at the European Food Safety Authority reviewed this study and concluded that, while it provides limited evidence of small effects on children’s behaviour, these effects were not consistent and that the study did not give cause to amend current safety limits for these food additives. The UKFSA is encouraging the food industry to voluntarily withdraw use of these colours by the end of 2009.

FSANZ has also reviewed the study and has concluded that there are no public health and safety concerns necessitating a change to our current regulatory approach to these colours.

This survey should provide signiﬁcant reassurances that there is no public health and safety risk from the consumption of foods containing added colours as part of a balanced diet. We will continue to monitor developments in relation to potential adverse effects associated with food additives.

Given community concerns, we will continue our dialogue with the food industry about their planned use of such colours and possible alternatives. Replacement with some ‘natural’ colours will also require an assessment of safety.

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Bisphenol A

Bisphenol A (BPA) is a chemical found in polycarbonate plastic items or containers, such as drink bottles, that may come into contact with foodstuffs. The European Food Safety Authority (EFSA) and United States Food and Drug Administration (USFDA) have determined that intakes of BPA for the most vulnerable segments of the population were well within safe levels.

However, a recent study has shown statistically signiﬁcant correlations between Bisphenol A levels in urine and the incidence of diabetes, cardiovascular disease, and elevated liver enzyme levels. In addition, in October 2008, a USFDA Advisory Committee recommended that the agency reconsider its recent risk assessment of BPA, especially in relation to the safety of polycarbonate infant feeding bottles. The Canadian Government has adopted a precautionary approach and prohibited the importation, sale and advertising of polycarbonate baby bottles.

In 2008-09, we assessed the risk from exposure to BPA and concluded that levels of exposure are very low and do not pose a signiﬁcant risk to public health. If new evidence were to emerge to the contrary, we would take appropriate measures to protect the community.

Caffeine in pregnancy

Caffeine occurs naturally in a range of foods, such as coffee, tea and chocolate. The Food Standards Code does not prescribe limits for naturally occurring caffeine in these foods.

The amount of caffeine in food varies. As a guide, tea contains 40 mg/cup, instant coffee 60 mg/cup, cola soft drinks 40 mg/can (375 mL), ﬁltered coffee 140 mg/cup and chocolate 10 mg/50g bar of milk chocolate.

Caffeine is also added to some soft drinks and beverages such as formulated caffeinated beverages, more commonly known as ‘energy drinks’. The Code currently permits the addition of caffeine to ‘kola-type’ soft drinks and formulated caffeinated beverages up to speciﬁc maximum limits.

A recent study published in the British Medical Journal has raised concerns over the consumption of caffeine during pregnancy at levels greater than 200 mg/day. These concerns relate to the possibility of babies with lower birth weights, increased risk of some health conditions in later life and, at higher maternal consumption levels, an increased risk of miscarriage.

This has led UKFSA to advise pregnant women to limit consumption of caffeine to 200 mg/day – about two mugs of instant coffee a day – a reduction from their earlier advice of 300 mg/day.

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FSANZ, the Department of Health and Ageing, the New Zealand Ministry of Health and the New Zealand Food Safety Authority formed a working group during the year to examine this new research with a view to developing key messages on caffeine consumption that could be provided to women planning pregnancy.

Trans fatty acids

In 2006, FSANZ found that the contribution of trans fatty acids (TFA) to the total energy intake of Australians and New Zealanders was below the goal of 1% proposed by the World Health Organization and comparable to, or lower than, levels reported in other developed countries. As a result, FSANZ and partner agencies decided that regulatory intervention for the management of TFA was not required, but that the situation should be reviewed in 2009.

We are now reconsidering the status of TFA in our food supply as we review changes in TFA intakes in the Australian and New Zealand populations over the last two years and consider recent information in the scientiﬁc literature regarding the link between dietary intake of TFA and adverse health outcomes.

In conjunction with the Department of Health and Ageing, we are also assessing the outcomes of voluntary industry initiatives to reduce TFA in the Australian and New Zealand food supplies. We intend to provide a report of this review to the Ministerial Council in late 2009.

Food-medicine interface

Foods and medicines (therapeutic goods) are regulated separately in Australia. FSANZ is part of an Australian inter-agency group, including representatives from the Therapeutic Goods Administration and the Australian Quarantine and Inspection Service, which has met for the past decade on an ‘as needs’ basis to discuss the appropriate status of products that are difﬁcult to categorise as a food or therapeutic good in Australia.

This group did not meet in the last ﬁnancial year due to the ongoing development of a trans- Tasman approach to considering the appropriate regulatory status of products at the food- medicine interface in both Australia and New Zealand.

We are a member of the Implementation Sub Committee working group (including representatives from the New Zealand Food Safety Authority and other Australian government agencies) that is developing this trans-Tasman approach.

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Emerging issues

Nanotechnology

In 2008, with funding provided by the Australian Government through the National Nanotechnology Strategy, FSANZ appointed a project manager to lead work aimed at examining whether our current risk assessment processes and regulatory arrangements are adequate for ensuring the safety of foods potentially using nanotechnology.

We continued to actively monitor developments and gather information from all relevant sources including scientiﬁc literature, research institutions, Australian and New Zealand Government agencies, industry, non-government organisations, and our regulatory partner agencies around the world.

We have made preparations for the possibility of receiving an application from industry seeking the approval of a new food involving nanotechnology, despite not yet being approached by industry. In December, we registered amendments to the FSANZ Application Handbook to mandate the requirements for appropriate particle-related data to intending applicants. All Applications for food additives, processing aids, novel foods, nutritive substances and contaminants must now include information about particle size, size distribution and morphology where the substance is particulate in nature and will remain so in the ﬁnal food.

In early 2009, FSANZ engaged a toxicologist speciﬁcally to review the scientiﬁc literature, investigate toxicological risk assessment of nanometre-scale particulates in food and recommend any adjustments to our risk assessment practices for potential nanotechnology- related applications.

The issues associated with nanotechnology are faced by most nations with developed food regulatory systems. Accordingly, we attended, and chaired, a FAO/WHO expert meeting on ‘Food safety implications of nanotechnology applications to food and agriculture’ which was held in Rome in June. We also participated in the work of the Australian Government Health Safety and Environment Working Group and that of the New Zealand Government regulator’s nanotechnology working group.

We have advised the food and food packaging industries about the regulatory requirements for the use of nanotechnology in food.

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Food incidents and food recalls

The National Food Incident Response Protocol outlines arrangements for consistent and collaborative responses across jurisdictions to food incidents that involve a potential or actual problem with a food sold within two or more Australian States or Territories. The current Protocol was endorsed by the Australia and New Zealand Food Regulation Ministerial Council in October 2008.

Under the Protocol, FSANZ provides the central notification point. If an incident escalates, specific roles and responsibilities (e.g. lead agency, risk assessor, risk communicator) are assigned to the appropriate officers and agencies. A complex food contamination issue may require the commissioning and peer review of a risk assessment, the development of national communication messages, consideration of risk management options and consultation with affected members of the food industry.

Once a food incident has been resolved, it is formally stood down and a debrief is conducted among government agencies involved to discuss what worked well, and what could be improved in future.

Since late 2006, 14 incidents have been coordinated under the Protocol, with three incidents occurring in 2008-09 (melamine in dairy products from China, contaminated pork from Ireland and Hepatitis A linked to the consumption of semi-dried tomatoes). The Protocol is reviewed after each incident, and is currently being revised to clarify more fully the roles of government agencies and to provide improved guidance in relation to the development of risk assessments during the response to food incidents.

Melamine survey

The adulteration of milk and milk products in China with melamine emerged as a signiﬁcant health and safety issue for the Chinese population in 2008. This incident prompted investigation both in Australia and overseas of products manufactured in China or containing ingredients sourced from China.

In Australia, the issue was managed under the National Food Incident Response Protocol. Australian food regulators agreed that a national survey of melamine in foods available in Australia should be undertaken and coordinated through the Food Surveillance Network of jurisdictions and agencies, with funding contributed by the Australian Government.

A two-tiered approach was adopted for the survey, with high priority foods (dairy-based and dairy-containing foods) to be sampled and analysed immediately and the second tier including

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lower-priority foods (mixed foods containing soy, gluten or egg ingredients). The samples for both tiers were collected for analysis by the State and Territory food regulatory agencies.

Analysis of the ﬁrst tier revealed eight products out of a total of 153 testing positive for melamine, with seven products (one of which was manufactured in Malaysia) having levels above the 2.5 mg/kg referral level established for dairy-based foods and foods containing dairy-based ingredients. These ﬁndings prompted the withdrawal of these products from sale by Australian importers and wholesalers to reduce the risks to public health and safety. For the second tier, an analysis of 124 samples did not reveal any detections of melamine.

Case study: national approach to melamine adulteration of dairy products from China

In early September 2008, Australian government authorities became aware of the possible adulteration of dairy-based infant formula from China, leading to kidney stone illnesses and deaths in infants. FSANZ activated the National Food Incident Response Protocol on 12 September to inform jurisdictions of these international events and to begin national coordination of the incident.

Other dairy products and foods containing dairy ingredients from China were subsequently implicated in the melamine adulteration incident. At this time, the national Food Surveillance Network became involved in discussing options for testing food in Australia.

We coordinated national teleconferences with jurisdictional agencies between 24 September and 12 November to share information on test results and to decide risk management options and communication messages. We also consulted widely with our international counterparts. During this period, eight products were withdrawn, based on test results, and one product recalled. Two additional products were also withdrawn by industry as a precaution.

On 12 November 2008, Australian food regulators agreed that the melamine incident should proceed to the ‘stand down’ phase, with ongoing monitoring and testing of food products as required. A national debrief was conducted on 24 February 2009 to discuss issues arising from the melamine incident and identify improvements for future incidents.

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Food recalls

FSANZ also coordinates food recalls across all Australian States and Territories. In 2008, we completed a review of our food recall coordination process and revised the government and industry recall protocols as a result.

Table 6. Annual food-recall statistics 2008-09.

2003- 04 2004- 05 2005- 06 2006- 07 2007-08 2008-09 Reason for recall

Labelling errors 34 27 24 15 12 16 (e.g. undeclared allergens)

Micro-contamination 26 13 18 21 17 21 (e.g. Listeria)

Inclusion of foreign 8 1711141713 matter (e.g. glass)

Processing faults 435312(e.g. insufﬁcient thermal processing)

Chemical contamination 3nil4341 (e.g. from lubricant)

Other (e.g. unapproved 2 5 2 1 nil 1 additive)

nil nil nil nil nil nil Product deterioration

nil 1 2 1 1 nil Biotoxin contamination

77 66 66 58 52 54 Total

Table 6 shows a stabilisation of food recall numbers in the past few years. We ascribe much of the decrease in labelling errors to food manufacturers becoming familiar with the provisions in the Food Standards Code.

It is important to record that the vast majority of the recalls were initiated by food manufacturers, who liaised very effectively with FSANZ and State and Territory agencies by providing product information and quickly removing products from supermarket shelves.

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Monitoring and evaluating hazards

FSANZ’s surveillance capability provides an essential scientiﬁc foundation that is critical for sound risk assessment and subsequent risk management. Information obtained from surveillance activities is fundamental in identifying chemical, microbiological or other hazards in foods which may present a risk to health or safety.

Surveillance activities can also provide important information on nutrients, food composition and consumption information that can be used to assess nutritional status and inform nutrition-related risk assessments and risk management strategies. FSANZ coordinates national surveillance activities and external jurisdictional networks, such as the Food Surveillance Network.

We are also the sponsor for Component 1 of the Implementation Sub-Committee’s Coordinated Food Survey Plan, ‘Surveillance and Monitoring’. In 2008-09, we completed and published the 22nd Australian Total Diet Study and a report on food handling practices and microbiological quality of sushi in Australia.

23rd and 24th Australian Total Diet Study

The Australian Total Diet Study (ATDS) provides a comprehensive assessment of the Australian population’s dietary exposure to a range of food chemicals. While the ATDS traditionally monitors pesticide residues in the food supply, the scope of recent studies has been broadened to examine other chemicals found in food, including additives and nutrients.

The 23rd ATDS is the first study to return to the more traditional focus on residues of agricultural and veterinary medicines and metal contaminants since the 20th ATDS. Mycotoxins and fluoride have also been included. We have completed the sampling and analysis phases of the 23rd ATDS and expect to publish a final report in 2010.

We have started planning for the 24th ATDS, with sampling and analysis phases expected to commence in 2010-11. The priority substances for this study are currently being considered, taking into consideration likely food regulatory priorities, and we are developing a list of potential substances of interest in consultation with the States and Territories.

Survey of added colours in food available in Australia

To determine an accurate estimate of dietary exposure of the population to food colours in 2006, FSANZ commissioned an analytical survey of 651 samples of foods and beverages to quantify actual levels of all permitted synthetic colours and two natural colours.

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The survey was speciﬁcally designed to target a wide range of foods and beverages which contained added colours approved in the Food Standards Code, as well as a small number of products which claimed to contain ‘no added colours’ or ‘no artiﬁcial colour.’

We found that concentrations of added colours in foods were very low and, in almost all foods tested, were signiﬁcantly below the maximum permitted level in the Code. We also found that, in most cases, the colours detected in the foods by the analyses had been included in the ingredients list on the food labels by manufacturers. The survey revealed that dietary exposure to all synthetic and natural colours analysed for all population sub-groups were below the respective acceptable daily intake for average and high consumers.

Overall, the survey provided signiﬁcant reassurance that, compared to internationally accepted reference health standards, the current dietary exposures to added colours in food and beverages do not pose a public health and safety concern for Australians.

We published the full report ‘Survey of added colours in food available in Australia; study of concentrations in foods including dietary exposure assessment and risk characterisation’ on our website in December 2008.

Strengthening our evidence base

We ﬁnalised ‘The Analysis of Food-Related Health Risks’, a document which outlines the way we undertake our scientiﬁc work. The document provides information on the risk analysis process used by FSANZ to identify, assess and manage food-related health risks within a structured framework. It also provides a broad overview of our approach to assessing food- related health risks.

In 2008, legislative changes were made to the FSANZ Act requiring all Applications to amend the Code to include sufﬁcient information and data for us to conduct an assessment. To support these changes, FSANZ developed the Application Handbook, which speciﬁed all information and data requirements to amend various aspects of the Code. We recognised that guidance on how we use the data collected in the Application Handbook to undertake analysis would be useful for those submitting the information.

During the year, we completed ﬁve guidance documents intended to underpin the Application Handbook. These guidance documents cover Food Additives; Processing Aids; Contaminants and Natural Toxicants; Novel Foods; and Estimating Dietary Exposure to Food Chemicals for Food Regulatory Purposes. These guidance documents build on existing guidance documents relating to genetically modiﬁed food safety assessments, determining equivalence, energy factors and microbiological risk assessments.

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Science evidence base

Food composition program review

We invited Dr Isabel Castanheira from the Instituto Nacional de Saude in Portugal to review our food composition program. Dr Castanheira is an expert in the area of food chemistry and quality management systems. She evaluated our processes for assessing data quality, accepting and rejecting data, compiling and publishing nutrient databases and documenting procedures in relation to international best practice.

Dr Castanheira commented favourably on FSANZ’s capability, including the expertise of staff, and made recommendations for enhancing our food composition systems. The review ﬁndings were considered by the external Advisory Group on Food Composition during the year. Implementation of the recommendations will continue into 2009-10.

National Children’s Nutrition and Physical Activity Survey (Kids Eat Kids Play)

FSANZ published a survey-speciﬁc nutrient database called AUSNUT 2007 for estimating nutrient intakes from food, beverages and dietary supplements consumed as part of the 2007 Australian National Children’s Nutrition and Physical Activity Survey. AUSNUT 2007 is a valuable resource for public health professionals, academia and consumers, as well as an important input to FSANZ’s standards-development activities (available free of charge on our website).

Sodium and iodine analysis

FSANZ commissioned sodium and iodine analysis on 277 processed and ‘quick service restaurant’ food products collected as part of the New South Wales Food Authority’s trans fatty acid survey. Additional samples collected in Western Australia as part of the same survey were also analysed for sodium.

The results will be used to provide baseline data for monitoring the implementation of mandatory iodine fortiﬁcation and to track changes in sodium content of these foods over time. They will also feed into future releases of the FSANZ reference database NUTTAB and survey databases used to estimate nutrient intakes as part of National Nutrition Surveys.

Dietary exposure assessments

We upgraded our dietary modelling software, DIAMOND, during the year, incorporating information from the 2002 New Zealand Children’s Nutrition Survey and the 2007 Australian Children’s Nutrition and Physical Activity Survey. This enhancement of DIAMOND will provide more recent information on children’s consumption patterns for use in our risk assessment work.

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Dr Philippe Verger, from the National Institute for Agricultural Research in France, assisted us to enhance our dietary exposure assessment capabilities by developing speciﬁc areas, such as probabilistic modelling, the interpretation of analytical data and dealing with uncertainty in risk assessments. FSANZ’s Dietary Modelling Stakeholder Advisory Group also provided input into development activities undertaken in the area of dietary exposure assessments and the FSANZ dietary modelling computer program, DIAMOND.

We provided access to the DIAMOND computer program to the New Zealand Food Safety Authority in their ofﬁce to allow them to use the New Zealand national nutrition survey data for their purposes. This was made possible through the development by FSANZ of a secure web- link for DIAMOND.

Accessing external expertise

FSANZ Fellows

We established the FSANZ Fellows program in 2000 to build a network of respected and distinguished experts in areas relevant to food regulation. The Fellows provide a wealth of knowledge and independent advice to the agency across a wide range of scientiﬁc and professional ﬁelds including nutrition, economics, project management, social sciences, food science and data evaluation.

During the year, FSANZ appointed three new Fellows and reappointed two Fellows for a three- year period (Table 7).

Table 7. FSANZ Fellows in 2008-09

Fellow Expertise Organisation

Continuing Fellows

Professor Julie Byles Clinical Epidemiology University of Newcastle

Professor John Cary Social Science Victoria University

Professor Lyn Cobiac Nutrition & Dietetics Flinders University

Professor Mike Gidley Food Structure / Nutritive Value University of Queensland

Professor Graham Giles Cancer Epidemiology Cancer Council / University of Melbourne

Dr John Huckerby Project management of Power Project Limited technically-based projects

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Fellow Expertise Organisation

Professor Peter Langridge Genomics University of Adelaide

Dr Rob Loblay Immunologist Royal Prince Alfred Hospital / University of Sydney

Professor Brian Priestly Health Risk Assessment Monash University

Professor Richard Shepherd Consumer Behaviour University of Surrey, Guildford, UK

Professor Murray Skeaff Nutrition University of Otago, NZ

Professor Anthony Smith Complementary Medicines Newcastle Mater Hospital / University of Newcastle

Professor Mark Tamplin Microbiology & Food Safety University of Tasmania

Reappointed Fellows

Professor Ken Buckle Food Science, Processing & University of New South Wales Microbiology

Professor John McNeil Epidemiology & Cardiovascular Monash University Health

New Fellows

Professor Nigel French Molecular Epidemiology & Risk Massey University, NZ Research

Dr Stephen Goodall Health Economist University of Technology Sydney

Professor Seppo Salminen Intestinal Microbiota and Health, University of Turku, Finland Probiotics and Prebiotics & Health Claims

FSANZ Fellows participated in a number of our projects, including nanotechnology, development of the FSANZ 2009-2013 Evaluation Strategy, redevelopment of FSANZ’s DIAMOND and ANDB programs, and student projects.

A number of FSANZ Fellows also provided presentations to Science Network Forum Workshops, the FSANZ Board and staff relating to their area of expertise or current research. Fellows also contributed to a range of FSANZ projects and papers by providing technical, scientiﬁc and clinical advice.

Consumer and social sciences

FSANZ continued to build its capability in consumer and social sciences. A designated unit provides specialised advice on consumer and social science issues to a range of major

54 OUR REGULATORY MEASURES ANNUAL REPORT 2008-2009

standard-development projects. This advice is derived from commissioned studies into consumer behaviour and/or from critical analysis of available information.

A major activity in 2008-09 involved examining consumers’ use of nutrition content claims. This work was necessary for FSANZ’s response to the Ministerial Council’s request for review of the draft standard on nutrition, health and related claims. The study took the form of an online survey investigating a range of nutrition content claims about various micronutrients across four different food products.

We commissioned two studies to assist the development of food safety standards for the primary industries. One study explored the motivations, risk perceptions and food safety behaviours of individuals who consume unpasteurised milk. The ﬁndings from this will feed into the approach for risk assessment of raw milk products.

The other study used an online consumption diary to collect quantitative data on egg consumption and information on how Australian households handle and store eggs. Results will allow FSANZ to estimate the proportion of eggs which are consumed raw and lightly cooked in Australia. We are using the ﬁndings to inform the risk assessment and risk management strategy for the primary production and processing standard for eggs and egg products.

Case study: consumer attitudes and behaviour in response to nutrition claims

In 2008, FSANZ conducted consumer research into the impacts of nutrition content claims (e.g. ‘97% fat free’, ‘good source of ﬁbre’, ‘reduced sugar’), particularly consumers’ perceptions of nutritiousness and purchasing intent. This study contributed to the evidence base for our development of a new nutrition and health claims regime for Australia and New Zealand.

We commissioned an experimental quantitative study and a qualitative in-store observation and interview study to address this issue. The quantitative study used realistic mock-packages of a breakfast cereal and a sweet biscuit to isolate the effect of nutrition content claims on consumer responses. Respondents were asked to evaluate the products in terms of healthiness and to report their likelihood of purchasing the products. The qualitative investigated which label elements were used by consumers in making food purchase decisions.

We found that the presence of a nutrition content claim on the products tested did not signiﬁcantly increase the probability of a consumer buying the product. Results also showed that nutrition content claims did not enhance consumers’ attitudes about the nutritional quality of a product, regardless of their education, income or indigenous status.

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The Social Science Expert Advisory Group (SSEAG), established last year, continued to provide expert advice and input into our work. SSEAG provides advice on the design and methodological approach of speciﬁc social science and consumer research studies, approaches to statistical analysis, and peer review of ﬁnal reports to ensure high quality and robustness of evidence used in the development of standards.

Since its establishment, advice from SSEAG has beneﬁtted the study design, methodology and statistical analyses for the recent nutrition content claims research; the sampling and research materials in the qualitative research into consumer attitudes towards and awareness of food fortiﬁcation; and the application of social science methods and techniques.

FSANZ continued to chair the Quadrilateral Social Research Coordination Group, which comprises ofﬁcers responsible for the application of social sciences research relating to food regulation in each of the four Quadrilateral member nations (Australia, New Zealand, Canada, United States).

The Group held its 1st Technical Workshop for the use of social sciences in food regulation in October 2008. Approximately thirty social and consumer scientists and policy ofﬁcers attended the workshop from the relevant Quadrilateral countries’ organisations. Some 32 papers across six topic areas were presented, detailing recent consumer and social sciences research, and discussion of the implications of the research for Quadrilateral countries.

Outcomes from the workshop have led to new collaborative options work between the Quadrilateral countries regarding consumer and social sciences, new sources of data and information of particular relevance to FSANZ, and enhanced use of consumer and social sciences evidence for food regulation.

Regulatory analysis

Regulatory analysis includes economic analysis and the preparation of regulatory impact statements for standards-development projects. It is important that any regulatory interventions are appropriate to the regulatory problem and that the cost of regulation developed by FSANZ does not outweigh the beneﬁts to the community. Costs and beneﬁts are normally expressed in monetary terms or, if this is not practical or appropriate, in qualitative terms.

As some of the issues we deal with are complex and difﬁcult to attach monetary values to, we have increased our efforts to broaden our expertise in and use of a range of economic analytical techniques. We appointed a new FSANZ Fellow, Dr Stephen Goodall, who has

56 OUR REGULATORY MEASURES ANNUAL REPORT 2008-2009

expertise in public health economics and the use of cost-effectiveness analysis in a public health context.

We submit our regulatory impact statements for major projects for assessment by the Ofﬁce of Best Practice Regulation (OBPR) and to the New Zealand Ministry of Economic Development. OBPR is now part of the Australian Government’s ﬁnance and deregulation portfolio. This new emphasis on deregulation is consistent with efforts throughout OECD countries to minimise regulation and to justify it.

FSANZ now operates in an environment that demands increased scrutiny of any additional financial burden to consumers and business as a consequence of complying with new regulations. We must therefore not only demonstrate the food-safety benefits of new standards, but also draw attention to the overall net economic benefits to society. By employing health economic measures such as Quality Adjusted Life Days, it is possible to assess the extent to which new regulations can reduce the burden of disease.

These results are monetised to enable stakeholders to make the comparison between the beneﬁts and the costs.

During the year, discussions with OBPR highlighted the importance of FSANZ accurately deﬁning the problem that each project seeks to address, thereby improving the relevance and appropriateness of the regulatory solution.

This has become particularly relevant to the development of primary production and processing standards for several industries, where some states or industries already have standards and regulations, and where industries already conform to international requirements to ensure their export markets. In such cases, FSANZ must be especially mindful of the beneﬁts that any new regulation would bestow.

Evaluating our food regulatory measures

FSANZ’s evaluation activities identify and assess the impact of key changes to food regulations on our stakeholders. To ensure that we undertake this work in a strategic and systematic way, we continually update the agency’s evaluation strategy. We are currently developing Evaluation Strategy 2009-2013.

For this period, we will require a more integrated approach with the jurisdictions and other food regulatory partners than at present. We participated in the strategic planning processes of the Food Regulation Standing Committee and the Implementation Sub-Committee in 2008-09 to help us identify our responsibilities for evaluation within the whole food regulatory system.

OUR REGULATORY MEASURES 57 FOOD STANDARDS AUSTRALIA NEW ZEALAND

This should enable us to develop appropriate mechanisms to collaborate on food regulatory evaluation and review activities with other partners.

We completed phase 2 of our ongoing food label monitoring survey, which looked at the consistency of information provided on food labels in 2005 and 2006, against that required by the Food Standards Code since December 2002. The study revealed no particular areas of concern. We published two reports on phase 2 of the monitoring survey in 2008.

We published a ﬁnal report on the 2007 National Food Handling Survey – a national survey of food business knowledge, attitudes and practices related to safe food handling. Outcomes showed that there have been many positive changes in key food handling knowledge and practices since 2001, when current food handling requirements were included in the Code. We are working with our regulatory partners to design education initiatives and enforcement strategies and activities that improve the food industry’s knowledge and performance in safe food handling.

In 2008, we commenced a quantitative consumer survey on food allergen labelling. This follow-up survey largely replicated a benchmark survey that we conducted in early 2003, examining the knowledge and awareness of allergen labelling provisions by those at risk of allergic reactions to foods, and their current behaviours in food selection. We expect to complete the survey in late-2009.

In collaboration with relevant Australian, State and New Zealand Government agencies, FSANZ continued to develop programs for monitoring the impact of mandatory fortification permissions for folic acid and iodine, which come into effect in September 2009. We contributed to the two major reports prepared by the Australian Institute of Health and Welfare on mandatory fortification monitoring for the Department of Health and Ageing. These documents established appropriate monitoring indicators, identified critical data gaps in the current sources of baseline data for folic acid and iodine and recommended approaches to filling the identified data gaps.

We also collaborated with the National Measurement Institute to develop a program that ensures the food industry and enforcers of mandatory folic acid fortiﬁcation requirements in the Code use analytical methods that make results comparable across jurisdictions.

FSANZ continued to develop approaches for its own monitoring of mandatory and voluntary fortification to track key indicators of changes to the food supply, consumer food consumption patterns and attitudes and behaviour towards fortified food products. We commenced a qualitative consumer study to assess the level of public awareness of fortified foods, which should be completed by October 2009.

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International networks

Codex Alimentarius Commission

The Codex Alimentarius is a collection of international standards, recommended codes of practice and guidelines related to food or the operation and management of food production processes. The Codex Alimentarius Commission, based in Rome, has a mandate to protect the health of consumers and ensure fair practices in the international food trade.

Australia provides experts from a number of government agencies to attend meetings of Codex committees and working groups. FSANZ plays an active role on many of the Codex committees. We attempt to ensure that international standards are based on sound scientiﬁc principles.

FSANZ led the Australian delegation to the 41st Session of the Codex Committee on Food Additives (CCFA) meeting in Shanghai, China. The main work of CCFA was the development of the General Standard for Food Additives, an area where we were most active. CCFA also endorsed a number of food additive provisions for Codex standards developed by commodity committees and a regional coordinating committee and developed a priority list of food additives for evaluation by the joint Expert Committee on Food Additives (JECFA).

We led the Australian delegation to the 40th Session of the Codex Committee on Food Hygiene (CCFH) meeting in Guatemala City. Australia has an active role in ensuring that input and views on food hygiene matters are understood and that decisions of the Committee align as much as possible with Australia’s domestic food policy. The Australian delegation focused on achieving agreed outcomes for the work on infant formula and a clear direction for the progression of the Proposed Draft Guidelines for the Control of Campylobacter and Salmonella spp. in chicken meat.

We also led the Australian delegation to the 30th Codex Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU) meeting in Cape Town. This committee is responsible for establishing international codes and standards for foods for special dietary uses and nutritional aspects of all foods. With a major contribution from FSANZ, the Nutritional Risk Analysis Principles document progressed to step eight for adoption by the Commission later in 2009.

FSANZ participated as a member of the Australian delegation to the 37th Session of the Codex Committee on Food Labelling (CCFL) in Calgary, Canada. We were instrumental in the development of a paper considering the implications for mandatory nutrition labelling, which was well received and is being considered for publication as part of the CCFL report in 2010.

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The 17th Session of the Codex Committee on Food Import and Export Inspection and Certiﬁcation Systems (CCFICS) met in Cebu, Philippines, where Australia is the host Government. While FSANZ was not represented at this meeting, the work of the Committee is particularly relevant to FSANZ’s role in the Imported Food Inspection Scheme. Issues of interest to Australia and FSANZ included guidance on national food control systems and on- site audits and inspections. CCFICS agreed to start work on national food control systems, following the proposal put forward from the Australian delegation.

FSANZ is the alternate delegation leader to the Codex Committee on Contaminants in Food (CCCF) and led the working group on the presence of cyanogenic glycosides in food. FSANZ staff contributed to the work of other Codex committees, including the Codex Alimentarius Commission, Codex Committee on General Principles (CCGP) and Codex Committee on Pesticide Residues (CCPR).

World Health Organization (WHO)/Food and Agricultural Organization (FAO)

This year, we continued to support WHO/FAO deliberations participating in a number of meetings and expert consultations and through the submission of data. Senior scientiﬁc staff members attended a meeting of the FAO/WHO Joint Expert Committee on Food Additives (JECFA). At this meeting, participants reviewed the available safety data and, where appropriate, established reference health standards for additives and contaminants and for a small number of food macrocomponents.

In December, FSANZ was invited to present expert evidence at the WHO Expert Consultation to Review the Toxicological Aspects of Melamine and Cyanuric Acid. The aim of this consultation was to provide guidance in response to the incident involving melamine- adulterated dairy products – primarily infant formula – in China.

We also supported the planning of a Joint FAO/WHO Expert Meeting on the Application of Nanotechnologies in the Food and Agricultural Sectors.

Quadrilateral Group

The Food Safety Quadrilateral Group meets annually to discuss issues relating to food safety. The group comprises senior ofﬁcials from Australia, Canada, New Zealand and the United States. This year Australia hosted the meeting, which was held in Sydney.

This year’s meeting had a focus on high level strategic discussions relating to environmental scanning, emerging issues and proposed new work. Issues discussed at this meeting included the potential impact of the global ﬁnancial downturn on food safety; food safety incident

60 OUR REGULATORY MEASURES ANNUAL REPORT 2008-2009

management; laboratory capacity/accreditation; maximum residue limits for agricultural and veterinary chemicals; and raw milk.

We also continued to participate in ongoing Quadrilateral Working Groups, including leading the work on social science and consumer behaviour research and actively participating in the produce safety and chemicals working groups.

International Food Chemical Safety Liaison Group

FSANZ played a key role in the formation of the International Food Chemical Safety Liaison Group in 2006. The group was formed to provide a platform for food regulators in different countries to exchange information on chemical risk assessment work, emerging issues and food surveillance.

The original group has now expanded to include representatives from Health Canada, the Canadian Food Inspection Agency, the European Food Safety Authority, the European Commission, the United States Food and Drug Administration, the Japan Food Safety Commission, the United Kingdom Food Standards Agency, the New Zealand Food Safety Authority, the French Food Safety Agency and FSANZ.

The group was especially active in 2008-09, primarily in response to the detection of melamine in dairy products originating from China. The liaison group demonstrated international leadership by developing a consistent threshold or reference level for risk management purposes and making this information publicly available almost simultaneously.

A member of the World Health Organization participated in teleconferences organised by the group to discuss the melamine incident, thereby giving ‘ofﬁcial’ recognition to the value of the group as a forum for rapid information exchange.

Student projects

FSANZ established a program in 2003 to encourage students at the undergraduate and postgraduate level to undertake a project of relevance to the agency or food regulation. In addition, the program aims to promote linkages and collaboration with academia, and raise the awareness of FSANZ and its work in the minds of academics and students.

In 2008-09, students at two Australian universities took up four projects. Each student provided us with a detailed report of their research, as well as presenting their research results to FSANZ staff at a seminar. The project titles and participating universities are listed in Table 8.

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Table 8. FSANZ student projects for 2008-09

Project title University

Analysis of long chain omega-3 levels in common dietary supplements University of the Sunshine Coast

Temperature of foods between retail sale and domestic refrigerator University of New South Wales

Lupin products in supermarket foods – potential for allergenic reactions University of New South Wales

Survey of university students regarding beliefs about high-risk Listeria foods University of New South Wales

62 OUR REGULATORY MEASURES Our Stakeholders FOOD STANDARDS AUSTRALIA NEW ZEALAND

Our Stakeholders

Objectives

• Strengthen the levels of engagement and productive working relationships with our external interest groups and government partners.

Performance

• Level and nature of stakeholder feedback, both formal and informal, provided through surveys, the media and participation in advisory committees.

• Level of awareness in the community of FSANZ’s roles and responsibilities.

• Extent and effectiveness of collaboration with our regulatory partners.

Highlights

• Completed a comprehensive review of stakeholder relations, with the assistance of other government agencies.

• Identiﬁed the importance of ‘reputation’ to the agency, and the link with communication and stakeholder engagement strategies and with our scientiﬁc capability.

• Utilised our international networks to assist with major projects, such as the melamine food incident and fortiﬁcation of ﬂour with folic acid.

• Continued our capacity building initiatives in the Asia-Paciﬁc region and actively implemented our role as Co-Chair of the APEC Food Safety Cooperation Forum

• Strengthened our scientiﬁc capacity by establishing a Scientiﬁc Advisory Group for Epidemiology.

• As ‘sponsor’ of a program under the Coordinated Food Survey Plan of the Implementation Sub-Committee, coordinated six surveys on the Plan, added two new surveys and administered two on-going surveys with jurisdictional agencies.

64 OUR STAKEHOLDERS ANNUAL REPORT 2008-2009

Overview

FSANZ does not operate in isolation. In common with other government enterprises, we have a range of stakeholders with an interest in the services we provide. These stakeholders have expectations about the scope and delivery of those services.

As shown in Table 9, stakeholder expectations depend on the stakeholder group to which a person belongs, but they are not exclusive to a particular group, nor are the expectations in the table necessarily complete. However, they serve to illustrate the challenge of providing services to diverse groups in the community and ensuring that expectations are founded on accurate information.

Because FSANZ has a relatively high proﬁle within the food regulatory system, some people believe that we have roles and responsibilities beyond our remit. This was conﬁrmed by our survey of stakeholder perceptions, reported in last year’s annual report. If expectations are based on inaccurate perceptions, it is unlikely that they will be met.

The onus is clearly on the agency to ensure that information in the community about its role in the food regulatory system is easily accessible and in a form that is appropriate to each stakeholder group. Over the years, we have developed our communication capacity to convey such corporate messages in our publications and online communication channels.

It has also become clear that we will only fully meet stakeholder expectations when we understand the perceptions of stakeholders and the drivers of those perceptions.

Of course, every organisation wants to be highly regarded. However, for a government regulator, reputation goes to the heart of public conﬁdence in its sphere of regulatory activity – in FSANZ’s case, food. Without the trust and conﬁdence of its stakeholders, FSANZ would be unable to discharge its responsibilities effectively.

During the year, we undertook a comprehensive analysis of our stakeholder relations, enlisting the assistance of other Australian Government agencies and the United Kingdom Food Standards Agency.

The FSANZ Board has identiﬁed ‘Reputation’ as one of our corporate risk areas and it is in this planning context that we intend to develop an overarching strategy for the agency that will inﬂuence much of its work.

Reputation is not about public relations spin. It is about the effectiveness and efﬁciency of our processes, the empathetic way in which we interact with our stakeholders, our skilful use of scientiﬁc and other information to build evidence bases, the care that we show our staff, and our ability to work in partnership with others.

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In early 2009-10, our Executive and Board will identify the elements of reputation that are relevant to FSANZ – for example, trust, professionalism and authority – and determine whether we fall short in any element, based on the feedback from in-depth interviews with a small number of key inﬂuencers among our stakeholders.

This gap analysis will form the basis of a FSANZ reputation strategy which, in turn, will provide a framework for our future interactions with stakeholders.

Table 9. FSANZ services and responsibilities, by stakeholder group.

Stakeholder groups What stakeholders can expect from FSANZ

Consumers • Protection against unsafe food. • Professional and timely responses to emerging food issues. • Appropriate opportunities to comment on regulatory proposals.

Public health professionals • Consistency of food standards with existing government public health guidelines.

Media • Authoritative source of information on food matters.

Food industry • Progressive and evidence-based regulatory environment in which to do business. • Minimum regulatory burden on industry. • Certainty of process to amend food standards. • High levels of regulatory competence in food matters.

Regulatory partners • Production of food standards that can be readily enforced. • Source of expert advice on scientiﬁc risk. • National coordination of food surveillance and food recall systems and support in the control of imported food. • Monitoring and evaluation of effectiveness of food standards.

Food Ministers • Implementation of food policy. • Compliance with the FSANZ Act and other relevant legislation.

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According to the Australian Public Service Commissioner, damage to reputation through a high-proﬁle failure in an organisation ‘can fundamentally destabilise agency culture and the ability to achieve business objectives’ (see APSC website).

Reputation is one of FSANZ’s most valuable assets. It is therefore prudent for us to apply asset management principles, even though reputation is an intangible asset. The best management of risks to reputation is sound enterprise-wide risk management and governance, where all insiders are involved and outsiders’ interests are taken into account.

Our aim is to develop efﬁcient communication and long-term solid relationships with all our stakeholders.

Community involvement

There are many ways in which the community – especially consumers – can make a contribution to FSANZ’s standards-setting processes, ranging from one-way communication from the agency to various forms of participation (Figure 2).

Figure 2. Ladder of citizen participation in food regulation.

By law, FSANZ makes regulatory decisions 6 Joint decision making after community engagement

5 Partnerships Discussions with peak consumer bodies in shaping decisions

Consumer representation 4 Participation on advisory committees

Consumer research into attitudes 3 Consumer research and behaviour

Formal process of seeking views 2 Consultation Increasing community participation and comments (submissions)

Media, education campaigns, website, 1 Information sharing email lists, information service

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The question facing FSANZ is: what is an appropriate level of community participation for individual elements of the process?

For example, the critical analysis of raw scientific data requires a scientific knowledge and understanding of scientific methodologies that most lay people do not possess.

Our job is to conduct an impartial, objective assessment of the available information and to present conclusions in an easy-to-read format. It is unlikely, therefore, that citizen participation would go beyond ‘ consultation’ for the greater population, although some well-informed consumers may be involved on regulatory advisory committees.

On the other hand, consumers are the ultimate beneﬁciaries of our work. The views and opinions of individuals and interest groups within the community on food matters is a component of the evidence base used for making regulatory decisions.

Clearly, FSANZ cannot respond favourably to every view expressed by every individual. Or take action where the scientiﬁc evidence shows that no beneﬁt to the community would arise from that action.

But we sometimes elevate our community engagement to level 5 on the participation ladder for projects that have a major public health objective and actively seek the views of consumer groups and health non-government organisations. These consultations have the potential to shape our decisions.

We are prevented by the FSANZ Act to share or devolve the responsibility of making regulatory decisions to any other organisation or individual. As a national regulator established by the Australian Government, the task of making recommendations to amend the Australia New Zealand Food Standards Code rests solely with us.

Within that constraint, however, we seek every opportunity to involve the community in our work. We are looking for ways to make that interaction a rewarding experience for individuals and the agency.

Advisory and liaison committees

Level 4/5 participation in standards development by the community includes membership of FSANZ advisory committees. These committees usually comprise a broad membership from consumers, government and the food industry.

68 OUR STAKEHOLDERS ANNUAL REPORT 2008-2009

Table 10. FSANZ advisory and liaison committees for 2008-09.

Number of Advisory Committee meetings

Advisory Group for Catering Operations 0

Advisory Group for Dietary Exposure Assessment 2

Advisory Group for Food Composition 2

Consumer Liaison Committee 3

Jurisdictional Forum 4

Nga Kaitohutohu Kounga Kai 2

Retailers and Manufacturers Liaison Committee 3

Science Network Forum 6

Scientiﬁc Advisory Group for Epidemiology 0

Scientiﬁc Advisory Group for Folate 0

Scientiﬁc Advisory Group for Infant and Child Health 1

Scientiﬁc Advisory Group for Iodine 0

Scientiﬁc Advisory Panel for Dairy 1

Scientiﬁc Advisory Panel for Eggs 0

Social Sciences Expert Advisory Group 1

Stakeholder Advisory Group on Evaluation 2

Standard Development Advisory Committee for Health Claims 0

Standard Development Committee for Dairy (Raw Milk Products) 0

Standard Development Committee for Eggs and Egg Products 2

Standard Development Committee for Meat and Meat Products 2

Standard Development Committee for Poultry Meat 0

Standard Development Committee for Seed Sprouts 1

We also set up expert scientific committees to assist us with our risk assessments. In 2008-09, FSANZ established a Scientific Advisory Group for Epidemiology to provide scientific advice in relation to epidemiology studies and methodology. The intention of this group is to advise on approaches to the identification and interpretation of epidemiological studies and controlled clinical trials that are relevant to Applications and Proposals. The group

OUR STAKEHOLDERS 69 FOOD STANDARDS AUSTRALIA NEW ZEALAND

may also be asked to provide peer commentary on FSANZ reviews of epidemiological or clinical trials.

Table 10 shows the advisory groups maintained by FSANZ during the year. A full listing of the people serving on these committees is at Appendix 4.

Consumer Liaison Committee

Following the completion of appointments to the committee of the original members, we invited applications to ﬁll the positions and implemented a selection process. Of the nine original members, ﬁve submitted an application for reappointment. Two of the original members were reappointed and four new members appointed. At 30 June 2009, the committee comprised twelve members.

We sought feedback from the members on a number of communication materials during the year, including fact sheets on folic acid fortiﬁcation and nanotechnology, an information video about food safety during pregnancy and the new website contact template. The Committee continued to provide a consumer perspective to our standard development activities through the Catering Advisory Group and the Standards Development Committee for Primary Production and Processing Standard for Seed Sprouts.

Top: Libby Manley, Heather Tate, Jenni Butterworth, Mark Robinson, Clare Hughes, Eileen Clark. Bottom: George Seymour-Dearness, Hayden Potaka, Sharon Thorpe, Hean Bee Wee.

70 OUR STAKEHOLDERS ANNUAL REPORT 2008-2009

Consultation with Maori

FSANZ established a new reference group in August 2008, the Ngã Kaitohutohu Kounga Kai, to support our standards development activities, comprising three Maori experts drawn from consumer, public health and nutrition interests. The name of the group means ‘people able to guide others in food and nutrition from a Maori world view’. The reference group provides advice to FSANZ on Tikanga Maori (customary practices) and community processes in:

• identifying food standards issues of signiﬁcance to Maori;

• evaluating strategies used to involve Maori in food standards issues;

• developing strategies for effective communication with Maori; and

• undertaking relevant consultation activities.

During the year, the reference group considered Applications on the FSANZ work plan and discussed the issue of Maori Cultural Awareness Training for FSANZ staff. In March, Ngã Kaitohutohu members met with the FSANZ Board. The ﬁrst two issues of a quarterly newsletter have been circulated to the Maori Network.

Public register

Applications, assessment reports, submissions and other information relating to an Application or Proposal to vary the Australia New Zealand Food Standards Code are placed on our Public Register ﬁles, unless we have agreed they are commercial-in-conﬁdence.

In the past year, eight formal requests to examine public register ﬁles were made, dealing with eight Applications and Proposals. The requests were made by industry (1); government agencies (2); community, consumer or non-proﬁt organisations (3); and consultants and legal (2).

Stakeholders and regulatory partners

Everyone living in Australia and New Zealand has a stake in our work. All stakeholders have expectations of the way that we carry out our responsibilities. Because we want to provide the best possible service to the greatest number of people, and because we need the most comprehensive evidence base possible, stakeholder interaction is one of our agency priorities

An important stakeholder group for us is our regulatory partners – government agencies and departments, domestic and international. Food standards in the Code must be enforceable by the jurisdictions and, as far as is practicable, be consistent with approaches adopted by other countries with well-developed food regulatory systems.

OUR STAKEHOLDERS 71 FOOD STANDARDS AUSTRALIA NEW ZEALAND

This requires us to have a good knowledge of the way our partners operate. We also beneﬁt from their experiences and this informs our decision making.

During the year, we exchanged staff with the United Kingdom Food Standards Agency and seconded senior risk assessment specialists from the Therapeutic Goods Administration to the agency. Our Wellington ofﬁce ensured that FSANZ and the New Zealand Food Safety Authority are kept fully informed of each other’s activities. And, through the Implementation Sub-Committee (ISC), all partners in the food regulatory system worked to make the whole greater than the sum of the parts.

Case study: addition of folic acid to ﬂour

From September 2009, wheat ﬂour for making bread must contain added folic acid as well as thiamin. FSANZ has undertaken a number of activities designed to assist industry and regulators with the implementation of the new requirement in the Code.

This included the establishment of an expert technical advisory group, comprising members with compliance, industry and analytical backgrounds, and the facilitation of a laboratory proficiency testing program to enable greater confidence in analytical results by industry, regulators and for monitoring the addition of folic acid to flour.

FSANZ’s Principal Food Technologist visited industry, regulators, academics and vitamin pre-mix suppliers in North America. The purpose was to understand the milling procedures and equipment used to meet the fortiﬁcation requirements of those countries, the laboratory tests that are conducted, the variability of the processes, and the Canadian enforcement protocols.

For example, FSANZ is the ‘sponsor’ of Component 1 of the ISC work program – surveillance and monitoring. The primary activity of this component is the development and implementation of the Coordinated Food Survey Plan, a three-year rolling plan of coordinated survey activities. During the year, six coordinated surveys on the Plan were completed, two new surveys were added, and two surveys were ongoing.

Other collaborative ventures with jurisdictions occurred through the Food Surveillance Network a forum of representatives from FSANZ, the States and Territories, New Zealand and the Australian Quarantine and Inspection Service, which share information relating to monitoring and surveillance activities within Australia and New Zealand.

72 OUR STAKEHOLDERS ANNUAL REPORT 2008-2009

Partnerships with other national agencies

Australian Competition and Consumer Commission (ACCC)

Under a Memorandum of Understanding, we cooperate with ACCC on areas of the Food Standards Code dealing with misleading or deceptive conduct to ensure a consistency between the Code and trade practices legislation.

Australian Quarantine and Inspection Service (AQIS)

AQIS administers the Imported Food Inspection Scheme for Australia. We continued to provide advice to AQIS on risk levels for imported food, which determine the level at which they are tested at the border. Because AQIS enforces food standards, representatives from the agency participate on many of our advisory committees.

Australian Pesticides and Veterinary Medicines Authority (APVMA)

We continue to work with APVMA to improve processes for maintaining limits in the Food Standards Code that reﬂect legitimate residues in food and liaised on issues concerning agricultural and veterinary chemical residues in food.

Ministry of Health (New Zealand) (MoH)

We provided advice to MoH on the potential application of the nutrient proﬁling scoring criteria model, developed by FSANZ within the content of the health claims project, to assist in its considerations of food classiﬁcation systems associated with television advertising to children.

National Health and Medical Research Council (NHMRC)

We collaborated with NHMRC during the year, particularly on its proposed alcohol consumption guidelines and their direct relevance to our work on advisory health labels on alcohol in relation to pregnancy. We are also incorporating elements of the respective NHMRC risk assessment to underpin our evidence base.

National Industrial Chemicals Notiﬁcation and Assessment Scheme (NICNAS)

Increasing engagement with NICNAS during the year provided beneﬁts to both FSANZ and NICNAS. We developed a draft Memorandum of Understanding to facilitate the exchange of information related to evaluations, assessments, reviews and emerging issues, which is under consideration.

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National Measurement Institute (NMI)

FSANZ has a Memorandum of Understanding with NMI which facilitates the sharing of information on emerging food issues and developments in methodologies for food analysis. During this year, FSANZ and NMI discussed issues associated with international capacity building activities. We held regular liaison meetings with NMI and provided speakers and participated in a conference and workshops hosted by NMI.

New Zealand Food Safety Authority (NZFSA)

NZFSA is the national food regulator for New Zealand. It also has responsibility for compliance and enforcement activities associated with the Food Standards Code. Our joint activities with NZFSA included implementation arrangements associated with the mandatory fortiﬁcation of foods with folic acid and with iodine and the sharing of technical information and risk management approaches relating to the parallel development of standards for raw milk cheese in each country.

Ofﬁce of Best Practice Regulation (OBPR)

OBPR promotes effective and efﬁcient regulation, from a broad economy-wide perspective. Under Council of Australian Governments arrangements, OBPR assists agencies to develop regulatory impact statements and to provide guidance on the adequacy of the analysis. We received valuable assistance and advice from with OBPR during the year on a number of major projects.

Ofﬁce of the Gene Technology Regulator (OGTR)

OGTR assesses the suitability of releasing genetically modiﬁed crops into the environment. We continued to share information on biotechnology matters with OGTR during the year.

Standards Australia

Under a Memorandum of Understanding with Standards Australia, we collaborate on standard setting and other joint activities, provide expertise on technical committees, take steps to reduce overlap and share information on food industry and consumer needs.

Therapeutic Goods Administration (TGA)

We continued to consult with TGA over the designation of products as foods or medicines. FSANZ is also a member (as is the TGA) of an Implementation Sub Committee working group

74 OUR STAKEHOLDERS ANNUAL REPORT 2008-2009

set up to develop a trans-Tasman process to assist in determining the appropriate regulatory status of products at the food-medicine interface

Relationships in the Asia-Paciﬁc Region

In 2008-09, FSANZ continued to take a leadership role in progressing the work of the APEC Food Safety Cooperation Forum, in establishing new international collaborative relationships in food safety capacity building, in undertaking a range of capacity building activities in the region and in providing training to visiting food safety ofﬁcials.

APEC Food Safety Cooperation Forum

FSANZ continued to provide strong leadership to the Forum in its role as Co-Chair, with China and made arrangements for the Forum’s second meeting in July 2009, in Singapore.

FSANZ, in partnership with China, provided comprehensive reports to the APEC Sub-Committee for Standards and Conformance (SCSC) about progress made by the Forum. We reported signiﬁcant progress in the areas of strengthening food safety networks within APEC; improving information sharing; and prioritising and implementing food safety capacity building activities.

A signiﬁcant achievement in 2008 was the establishment of the APEC Food Safety Cooperation Forum Partnership Training Institute Network. The primary purpose of this Network was to enlist leadership from the private sector and academia in the work of the Forum and to create a network of food safety institutes and trainers in the APEC region. We played a signiﬁcant role, with the United States and China, in establishing the Network and managing the process of consultation and approval with APEC economies and relevant APEC committees.

Our growing relationship with China, through our Co-Chair roles, led to Ms Zhang Rong (General Administration of Quality Supervision, Inspection and Quarantine, China) spending four weeks at FSANZ This placement enabled Ms Zhang to work with our international team in preparing for upcoming meetings and capacity building activities.

Capacity building activities in the region

FSANZ implemented a number of food safety capacity building activities as part of the work of the Forum. An example was the activity Developing Food Laws, Standards and Enforcement Systems.

This AusAID-funded capacity building activity involved participants from Viet Nam, China, Philippines, Papua New Guinea and Indonesia. Its objective was to develop participants’

OUR STAKEHOLDERS 75 FOOD STANDARDS AUSTRALIA NEW ZEALAND

skills and knowledge among selected APEC Member Economies by developing a more robust approach to strengthening food safety standards and practices in the region.

The ﬁrst phase of the training program involved an intensive ﬁve-day training workshop held in Hanoi in September 2008. The workshop covered a range of material in relation to the development, implementation and enforcement of food standards. The second phase of the training program required participants to undertake a four-six month practical, in-country project that encouraged direct application of material covered in the workshop.

A third and ﬁnal phase of the activity took the form of a three-day follow-up workshop, where the participants undertook an analysis and provided feedback on their project. The workshop was held in Ho Chi Minh City in February.

At the completion of this activity, participants were able to undertake the development of food laws and regulations for their respective countries; review and develop more effective food standards in line with international standards; and have the skills and knowledge to develop import and export food regulations and enforcement systems.

FSANZ and AQIS also presented a four-day FAO/IAEA Regional Training Workshop on irradiated food in the Philippines in December.

Communication

FSANZ prides itself on the inclusiveness and transparency of its operations. For this to occur, communication messages and products must be effective in terms of being suited to particular audiences.

Our website is the primary source of information for stakeholders. But we also rely heavily on the mass media to join public debates on food matters and on electronic newsletters to keep our stakeholders and regulatory partners informed of developments in the agency. In addition, to the extent resources allow, we maintain an active print publications program.

Media and information services

Media relations

We continued to issue media releases and to correct errors of fact in the print and electronic media during the year. In this period, the space available for news in the print media shrank by 11-12% due to a severe reduction in advertising revenue. This made the task of maintaining an appropriate proﬁle more difﬁcult.

76 OUR STAKEHOLDERS ANNUAL REPORT 2008-2009

However, the use of the conventional media continues to be a cost-effective communication tool for FSANZ. It is especially important during food emergencies and food incidents, where we need to communicate quickly to the population as a whole. Such was the case with the melamine adulteration incident in 2008.

We responded to 632 media enquiries on a wide range of food issues, compared with 503 in 2007-08 (Figure 3). Media issues included food colours, H1N1 influenza and food, mandatory fortification of food with iodine and folic acid, genetically modified food, nanotechnology, allergens, energy drinks, irradiation, and bisphenol A in baby bottles and packaging. We also addressed salt, food safety after floods and fires, hepatitis A in tomatoes, front-of-pack labelling, country of origin labelling, imported nuts, health claims, alcohol labelling, raw milk, A2 milk, food safety and lunchboxes, fluoride, intense sweeteners, erythrosine food colour, listeria and trans fats.

Figure 3. Annual pattern of media enquiries 2008-09

120

100

40 Number of enquiries 20

0 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09

Publications

With more than 6,000 people on the mailing list, Food Standards News continued to provide interested parties with information on the development of food standards and issues related to food each quarter. We surveyed the readership during the year and are implementing suggestions for improvement.

We continued to publish Food Surveillance News as a quarterly newsletter, in collaboration with our regulatory partners, to provide results of nationally coordinated food surveys,

OUR STAKEHOLDERS 77 FOOD STANDARDS AUSTRALIA NEW ZEALAND

background information on food recalls, imported foods, the Australian Total Diet Study and other monitoring and surveillance activities.

We also published Monitoring of Emerging Issues – a fortnightly newsletter distributed to various stakeholders, industry and government organisations. This newsletter provides a global snapshot of recent food safety issues. It captures emerging issues in relation to food-borne disease outbreaks, labelling and packaging, food safety policy, surveillance and monitoring activities, scientiﬁc and technical activities and food product recalls.

Industry and consumer advice

FSANZ assists food businesses, government agencies and other stakeholders to navigate their way around the Australia New Zealand Food Standards Code and also responds to consumer enquiries.

This year, the Code Inquiry Unit answered 5,034 inquiries (about 25% less than in 2007-08). The reduction may be the result of installing a telephone response system that identiﬁes the areas covered by FSANZ and redirects other enquiries, such as enforcement, to other food regulatory agencies. The majority of enquiries came from industry (50%), followed by government agencies (20%), lawyers and consultants (17%) consumers (9%) and community groups (4%). These ﬁgures are similar to the breakdown for 2007-08.

In addition, the general enquiry line received 1806 enquiries. To assist enquirers, and to help FSANZ staff respond, we introduced a web-based enquiry form that automatically directs the enquirer to the correct area of the organisation. Our receptionists in Wellington or Canberra can enter the information on the form for people without access to the internet. This new system has been tested with our Consumer Liaison Committee and Retailers and Manufacturers Liaison Committee and has been in operation since June 2009.

Staff from the Code Inquiry Unit answered questions on the Code from industry representatives and environmental health ofﬁcers at conferences. Events included the Australian Institute of Food Technology Convention (Sydney), the New Zealand Institute of Food Technology Convention (Christchurch) and Fine Foods (Melbourne). Staff from the unit also conducted seminars in Melbourne and at an APEC-sponsored training course in Vietnam.

Website and new media

Users of websites and social networking sites are currently growing at a rate of 60% a year. This illustrates the increasing dependence of people on these relatively new forms of media. Our website is our primary communication vehicle and source of information and so we

78 OUR STAKEHOLDERS ANNUAL REPORT 2008-2009

continually survey the use being made of the site so that we can maintain its currency and relevance.

In 2008, we had 988,182 unique visits or approximately 19,000 people a week. The average visitor spent 4.38 minutes on the site and viewed an average of 6.39 pages, which indicates that they are ﬁnding the speciﬁc information they are searching for. Most users came from Australia and New Zealand, followed by the United States, the United Kingdom and Canada, plus growing interest from China, Japan, Hong Kong, Singapore and India.

We commenced a review of the front page and second-level pages of the website. Due to be launched in late 2009, the front page has been redesigned to make it easier for search engines to ﬁnd key words and ﬁnd material. The new page will have three main tabs for information:

Food Standards Code: includes the Code itself, plus user guides, how to change food standards and the nutrition panel calculator.

Consumer information: includes labelling; advice for pregnant women, the elderly and immuno-compromised; new foods and technologies; and additives and ingredients.

Science and education: includes media releases, fact sheets and publications, videos and web seminars, and the science behind our work.

We have now published six web seminars on the site discussing food additives, intense sweeteners, understanding food labels, how food labelling is developed, the FSANZ Act changes and food safety tips for consumers. We plan to publish additional seminars in 2009-10, including an overview of FSANZ, food advice for women contemplating pregnancy, mandatory fortiﬁcation advice for health professionals, food recalls, imported food, nanotechnology and overview of the Food Standards Code.

Education and information campaigns

While FSANZ does not have funding for major education initiatives, we continued to work closely with our regulatory and non-regulatory partners. One of these partners, Video Education Australasia, develops audio-visual material for high schools and tertiary education institutions. We contributed to their videos on ‘Food labelling’ and ‘Understanding Food Standards Australia New Zealand’ and these will be offered to schools in Australia and New Zealand from July 2009. We also provided articles on understanding food labels to the Nutridate schools subscription service.

OUR STAKEHOLDERS 79 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Food Safety Week

FSANZ is a founding member of the Food Safety Information Council. The theme for Food Safety Week in November 2008 was ‘Food Adventures – new foods, new techniques’. The focus was on food safety when using new cooking techniques. Two new community service announcements reached an audience of over 26 million and the value of the free media was estimated as $849,082, if purchased. The campaign has been shortlisted as a ﬁnalist for the Public Relations Institute Golden Target awards. The Food Safety Information Council works closely with the New Zealand Food Safe Partnership, using shared themes for their campaigns.

Mandatory fortiﬁcation awareness campaigns

We intensified our communication activities associated with the mandatory fortification of bread with folic acid and iodised salt, which comes into force in September and October 2009. Activities involved collaborating with other government agencies, health professional groups and non-government organisation to raise awareness of mandatory fortification and to disseminate consistent messages.

A key target audience for mandatory fortification is pregnant women and women planning pregnancy. We revised and combined all of our pregnancy advice into a specific webpage and brochure. This information was developed jointly with the Department of Health and Ageing and the New Zealand Food Safety Authority. It covers healthy eating in pregnancy; the need to take folic acid and iodine supplements; listeria and mercury in fish advice; and alcohol and caffeine guidelines. We intend to launch a consumer education package in November 2009.

We issued industry user guides in May to ensure that ﬂour millers, salt manufacturers and bakers are prepared for the new mandatory fortiﬁcation requirements. In particular, we targeted industry associations to ensure that small bakeries are aware of the changes.

We prepared a series of short videos for our website on these issues. They have been translated into a number of languages, with priority given to Asian languages such as Mandarin, Cantonese, Thai, Vietnamese, Lao and Khmer cultures where people are less likely to eat bread.

80 OUR STAKEHOLDERS Our People and Organisational Capability FOOD STANDARDS AUSTRALIA NEW ZEALAND

Our People and Organisational Capability

Objectives

• Foster a safe, rewarding and productive working environment.

• Enhance our agency capability and capacity.

• Increase the effectiveness of our organisational processes.

Performance

• Extent to which learning and development strategies facilitate the achievement of corporate objectives.

• Extent of uptake and the nature of professional development opportunities given to staff as identiﬁed in staff development plans.

• Effect of prioritisation and enhanced project management capabilities on the implementation of the FSANZ work plan.

Highlights

• Upgraded our prioritisation processes and applied them to a range of standards- development and non-standards projects.

• Applied and received additional funding from the Australian Government to enhance the capability of two key FSANZ databases.

• Introduced in-house professional development for staff by the Chief Public Health Nutrition Advisor.

• Continued to support the Staff Forum as a consultative mechanism between staff and management.

• Reduced average unscheduled employee absences from 6.7 days in 2007-08 to 4.95 days, compared with 9.4 days for the Australian Public Service as a whole.

• Revised our awards and recognition scheme to acknowledge, in a more informal manner, the contribution of staff members to the objectives of the agency.

82 OUR PEOPLE AND ORGANISATIONAL CAPABILITY ANNUAL REPORT 2008-2009

Overview

Maintaining organisational capability in an economic downturn presents small agencies like FSANZ with immense challenges.

Capability has a number of dimensions, including the employment of high-quality staff in scientiﬁc and regulatory areas, the ﬂexibility to form multidisciplinary teams to address unforeseen issues, resources to commission external studies, the need to meet statutory timelines in processing Applications, and the effectiveness of our work prioritisation regime.

Applications to amend the Food Standards Code, once accepted, are placed on a work plan which is published on our website. We process the Applications in the order that they are received, except for paid Applications, which receive immediate attention. Once we have started the standard-development process and identiﬁed the type of assessment procedure to be applied to an Application, completion dates are determined by statutory timelines.

We ensure that this core business is adequately resourced. Remaining resources can then be allocated to activities that are not bound by statutory timelines. These include Proposals to amend the Code raised by the agency itself, reviews of food standards and the conduct of non-standards projects. Projects of this kind are subjected to close scrutiny by the Executive before approval to proceed is granted. The Executive places these projects onto a prioritisation ladder, under the categories ‘Priority’, ‘Active’, ‘Slow burn’ and ‘Wait’.

In reaching its decisions, the Executive takes into account a business case put forward by a project team, the available resources (human and ﬁnancial) and a Prioritisation Model Score against key criteria related to the agency’s key strategic directions.

One area of organisational capability for which we received extra support from the Australian Government in the 2009-10 Budget allocation was our modelling and data management capacity. We received $2.85 million, over two years, to upgrade two databases developed in the 1990s.

These databases underpin FSANZ’s scientiﬁc evidence base. They provide crucial information on the dietary exposure of consumers to chemicals in food and on the nutrient composition of thousands of Australian foods. This information feeds into our risk assessments for both the development of food standards and the management of food emergencies.

We continue to maintain professional development of staff at high levels. This has included participation in international forums, such as committees of the Codex Alimentarius Commission. We intend to continue to support staff in this way and through domestic training opportunities, including staff exchanges with other agencies.

OUR PEOPLE AND ORGANISATIONAL CAPABILITY 83 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Because we conduct staff surveys every two years, and did not this year, we have no current indicator of staff satisfaction with FSANZ as a place of employment. Morale usually suffers when an organisation is downsizing and projects are terminated or suspended. Senior management is carefully monitoring staff reaction to the changes. FSANZ will report on quantitative feedback from staff in next year’s annual report.

On the surface, at least, our people appear to be coping well in the current period of uncertainty. FSANZ’s performance in 2008-09 owes its success to the continued commitment and drive of our people on both sides of the Tasman.

Staff Forum

The Staff Forum continued to provide the Executive and staff with an important mechanism to discuss matters of mutual concern. In 2008-09, the Staff Forum identiﬁed a number of initiatives that would improve the working conditions of staff.

These initiatives included the need for a ‘buddy system’ and online interactive induction course for new staff , a mentoring system for staff, and the ongoing need for an effective learning and development program that would be of beneﬁt to both staff and the agency.

The Forum also identiﬁed the need to review the Staff Reward and Recognition Policy to allow for more informal ways of recognising staff members who had made a strong contribution to the work of the agency, and to upgrade the bullying and harassment policy and provide staff with information sessions on how the policy worked. The Executive supported these initiatives during the year.

We developed frameworks for the buddy and mentoring systems and introduced an online interactive induction course. We revised the Rewards and Recognition Policy and facilitated staff participation in activities under the FSANZ Wellness Program, including the provision of facilities to encourage cycling to work. We also took action to strengthen our learning and development program and our approach to bullying and harassment, as described in more detail below.

Under the auspices of the Staff Forum, FSANZ continued to support the Workplace Giving Program in 2008-09. We supported the Australian Cancer Research Foundation, the Eden- Monaro Cancer Support Group, Médecins sans Frontières and the RSPCA. Donations to these selected charities are made via deductions from the pre-tax pay of staff members.

84 OUR PEOPLE AND ORGANISATIONAL CAPABILITY ANNUAL REPORT 2008-2009

Organisational capability and capacity

Information and communication technology (ICT)

ICT has a signiﬁcant impact on organisational performance and, unless managed appropriately, can introduce ﬁnancial and operational risks. FSANZ’s ICT systems continued to support the agency’s business practices during the year. Because of the rapidly evolving nature of the technology, ICT also acted as a driver for change, especially in our communication activities.

After reaching the end of the lease lifecycle, we replaced all desktop computers in our Canberra and Wellington ofﬁces. We reduced costs by extending the new lease to four years rather than the previous three-year cycle. We also leveraged off the buying powers of larger government organisations for the procurement of the new equipment. The new computers are faster, with greater capability and energy efﬁciency than our previous models.

We improved our ability to store and retrieve email correspondence by implementing an email vault system that reduces the amount of space required for storage. This means that finding past emails is faster and simpler, with greater efficiency for the network. We intend to install a similar system for the archiving of all files that will enable us to provide greater search functionality for staff.

With business continuity and disaster recovery in mind, we upgraded our back-up software and systems. Business continuity testing is now carried out on a regular basis and we have commenced planning for an off-site disaster recovery setup.

We greatly reduced the amount of physical hardware in our back-end systems by advanced use of virtualisation and by embracing new technologies. This reduction in hardware has the added effect of producing savings in outright costs, as well as reducing our carbon footprint. We also improved systems for our New Zealand office by more efficiently utilising the existing link between our two offices.

FSANZ tested different technologies available for mobile devices during the year. We intend to provide Windows mobile and improved Blackberry systems to staff, with a new carrier, to reduce costs and to provide a much-needed increase in mobile reception.

OUR PEOPLE AND ORGANISATIONAL CAPABILITY 85 FOOD STANDARDS AUSTRALIA NEW ZEALAND

FSANZ’s databases

As mentioned earlier, much of our risk assessment capacity is dependent on two in-house databases.

DIAMOND (Dietary Modelling of Nutritional Data) is used to predict the dietary exposure (intake) of food chemicals such as food additives, heavy metals, pesticide residues and nutrients for both Australian and New Zealand populations. ANDB (the Australian Nutrient Data Bank) allows for the storage, manipulation and reporting of large quantities of data on the nutrient composition of thousands of Australian foods.

We commissioned studies in 2008 which recommended that a reliance on outdated or poorly supported software left FSANZ highly vulnerable to failure of these systems. This represented a key business continuity risk for the agency.

This modelling and data analysis capability underpins our scientiﬁc evidence base. The Department of Health and Ageing supported our application for additional Australian Government funding to renew both systems and we received $2.85m over two years for such a project in the 2009-10 Budget.

Attraction, development and retention of a skilled workforce

At 30 June 2009, FSANZ employed 135 people (119 in Canberra, 15 in Wellington, 1 in Tasmania), compared with 158 last year. Of these, 17 are employed on a non-ongoing basis, down from 28 in 2007-08, including 8 employees on long-term leave or secondment to another agency. Tables 11, 12 and 13 provide a snapshot of our stafﬁng proﬁle and movement over the past few years.

Table 11. Distribution of APS employees by level and gender at 30 June 2009

Classiﬁcation Female Male Total

Full time Part time Full time Part time Full time Part time

PEO 1 1

SEB2 1 1

SEB1 4 4

Exec2 16 2 13 29 2

Exec1 18 8 13 31 8

86 OUR PEOPLE AND ORGANISATIONAL CAPABILITY ANNUAL REPORT 2008-2009

Classiﬁcation Female Male Total

Full time Part time Full time Part time Full time Part time

APS6 19 4 7 26 4

APS5 6 1 4 1 10 2

APS4 10 1 1 11 1

APS3 2 1 1 3 1

APS2 1 1

Total 72 18 44 1 116 19

Agency total: 135

Table 12. Stafﬁng levels 2003-2009

Total Male Female

2008-09 135 45 90

2007-08 158 54 104

2006-07 146 42 104

2005-06 146 40 106

2004-05 132 40 92

2003-04 132 44 88

Table 13. Employee commencements and cessations

Male Female Total

Non- Non- Non- Ongoing ongoing Ongoing ongoing Ongoing ongoing Total

Commencements 3 3 2 9 5 12 17 Cessations 4 6 16 7 20 13 33

At 30 June 2009, the average age of staff members was 42.5 years, a slight rise over the previous year. Our retention rate for 2008-09 was 86.3%, compared with 88.7% in 2007-08. These are high levels for an agency in the Australian Public Service.

OUR PEOPLE AND ORGANISATIONAL CAPABILITY 87 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Table 14 contains Equal Employment Opportunity information for about 71% of our Australian staff members. It highlights our employment of professionals at E1 and E2 levels, from non- English speaking backgrounds, to provide specialised support to our standards-development activities. In the past four years, we have more than doubled our employment of people from non-English speaking backgrounds to almost 10% of employees in Australia.

Table 14. FSANZ staff in Australia by EEO classiﬁcation

Staff with EEO data

Aboriginal People of People of and Torres non-English non-English Salary People with Strait speaking speaking Male Female Total classiﬁcation a disability Islander background background people (1) (2)

APS Level 1-6 010093847

Exec Level 1 0810131427

Exec Level 2 030041014

SES0000213

Totals 0 12 1 0 28 63 91

(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.

Learning and development

FSANZ maintained an active program of professional development for staff, linked to the annual performance appraisal process, whereby individuals identify training opportunities appropriate to their career needs. In addition, the agency organised development activities for all staff members.

As an example, recognising that as many as 75% of our staff are involved in multiple projects at any one time, we arranged a two-day project management course for twenty participants

88 OUR PEOPLE AND ORGANISATIONAL CAPABILITY ANNUAL REPORT 2008-2009

The course aimed to improve the way staff manage projects and, most importantly, helped to increase staff satisfaction by making more productive use of their time.

Our Employee Assistance Program providers organised four training sessions on bullying and harassment awareness, attended by senior managers and the majority of staff. We arranged a separate session for our New Zealand employees. Following these training sessions, staff participated in practical refresher sessions involving discussions on options to different scenarios.

We organised training sessions on ‘resilience’ to help staff identify ways of dealing with stress in the workplace and outside. We provided this training in 2008 and, at the request of staff, repeated the sessions in 2009. We also provided training for senior staff on presentation skills, with an emphasis on dealing with difﬁcult audiences.

Constraints on our budget led us to consider more cost-effective ways of providing learning and development activities for staff, including the use of in-house experts to share their knowledge and experiences. Our Chief Public Health Nutrition Advisor commenced a series of seminars for our science specialists on epidemiology, which will continue into 2009-10.

Staff exchanges

Staff exchanges and secondments provide us with a valuable means of enabling staff to gain experience of other areas of the food regulatory system, both at home and overseas. We encourage and facilitate these types of experiences.

In recent years, such placements have included secondments to and from other Australian Government agencies, and secondments to State agencies, international organisations (WHO/ FAO) and national food regulators overseas. Our regulatory science has beneﬁtted signiﬁcantly from these activities.

OUR PEOPLE AND ORGANISATIONAL CAPABILITY 89 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Case study: staff exchange with the United Kingdom Food Standards Agency (UKFSA)

Through its Memorandum of Understanding with UKFSA, FSANZ initiated a staff exchange in 2008-09 to foster closer collaboration and improved networks between the two agencies.

Both agencies committed to providing a program of work that exposed the visiting staff member to a range of opportunities designed to develop their understanding of each agency’s regulatory approach while also assisting them to develop their individual skills and capabilities.

Ms Helen Riley, a senior nutritionist based in the Wellington ofﬁce, commenced a six- month placement at UKFSA in November 2008. Ms Riley participated in a program aimed at reducing peoples’ salt intake through public awareness campaigns and working with food manufacturers to reformulate foods. The work involved evaluating scientiﬁc literature to support nutrition policy development and providing nutrition advice for various agency projects and media and consumer enquiries.

In exchange, Ms Emma Peacock, a nutritionist from UKFSA, is spending six months from March 2009 in our Canberra Office. During her time with us, Ms Peacock contributed significantly to FSANZ’s activities on the implementation of mandatory fortification standards. This has been of particular mutual benefit as the UKFSA is currently considering the introduction of mandatory folic acid fortification.

90 OUR PEOPLE AND ORGANISATIONAL CAPABILITY ANNUAL REPORT 2008-2009

Encouraging a rewarding environment

Conditions of employment

Collective Agreement

FSANZ’s present Collective Agreement expires on 30 June 2010. Negotiations for a new Agreement will commence with staff in late August 2009 to allow sufﬁcient time to provide for the best possible outcome for both the agency and employees.

Australian Workplace Agreements

All Australian Workplace Agreements (AWAs) negotiated under the former Australian Government’s workplace relations arrangements have a nominal expiry date of 30 June 2010 and will need to be replaced in accordance with the newly passed Fair Work legislation. Of the 26 individual agreements in force in FSANZ, 22 are AWAs and four are Common Law Agreements introduced under the amended policy directives issued by the present Australian Government.

Occupational Health and Safety (OH&S)

We continued to meet our obligations under occupational health and safety legislation. We arranged workplace assessments for all new staff and for staff who had been relocated within the office during the year. Other staff were also offered assessments if they identified an issue. We also conducted inspections in our Canberra and Wellington offices to ensure there were no safety issues or hazards that could endanger staff.

Over the 12-month period, FSANZ ﬁled no Incident Reports and lodged no claims with Comcare. As a result, our Comcare premiums were reduced further to a low 0.45% premium rate, compared with an average of 1.36% for combined agencies. This translates into savings for 2008-09 of approximately $42,000, in addition to the $110,000 premium reduction we received last year. In addition, following a review of our estimates for 2007-08, we received a further refund on our premium of $15,000.

This year, we provided 54 free inﬂuenza vaccinations by on-site a visiting nurse and through appointments at Health Services Australia, compared with 49 the previous year.

The average employee absence for all APS agencies was 9.4 days in 2007-08 compared to 6.7 days for FSANZ. In the period 1 July to 31 December 2008, the FSANZ ﬁgure had reduced further to 4.95 days. We interpret these low levels of unscheduled absences as

OUR PEOPLE AND ORGANISATIONAL CAPABILITY 91 FOOD STANDARDS AUSTRALIA NEW ZEALAND

a strong indicator of a workplace where employees are engaged and committed to the organisation and its leadership.

Workplace wellness

Our Workplace Wellness program continued to be actively supported by many staff. Over 80 staff members took advantage of health checks organised by the agency. The checks included total cholesterol, body composition, blood sugar and blood pressure. The health check provider reported that FSANZ employees are well above average for ﬁtness and health compared to other government agencies.

Weekly yoga sessions continued throughout the year. More informal activities included lunchtime walks, tennis and team entries for various fun runs. During Wellness Week, we arranged a number of additional activities, including sessions on ﬁtness training, healthy-diets and cooking demonstrations.

Workplace Harassment Policy

While several staff members discussed issues with Harassment Contact Ofﬁcers (HCOs) during the year, no formal complaints were lodged under the policy. One matter was resolved informally by senior management.

Following a suggestion made by the Staff Forum, we revised the FSANZ Workplace Harassment Policy, organised information sessions and provided staff with literature and contact cards for our Employee Assistance Program. We also appointed additional HCOs during the year, bringing the total to six, including one in our New Zealand ofﬁce. The new HCOs received appropriate training.

Commonwealth Disability Strategy and workplace diversity

In keeping with the Australian Public Service (APS) policy directives on recognising and valuing workplace diversity, FSANZ continued to ensure that all employment matters were handled in accordance with APS requirements. Human resources personnel scrutinised selection decisions to ensure that principles of equal employment opportunity had been applied.

We reviewed the FSANZ Disability Plan and updated it to incorporate the new terminology used to present the Access and Equity Bi-annual Report to Parliament. We also reviewed our Workplace Diversity Policy; it did not require amendment.

92 OUR PEOPLE AND ORGANISATIONAL CAPABILITY ANNUAL REPORT 2008-2009

Rewards and recognition

Our Staff Rewards and Recognition Scheme acknowledges individuals or teams who achieve a level of performance in their work over and above that expected of them. Nominations are assessed by a panel comprising representatives from each Branch of FSANZ. In that respect, the awards are peer recognition of achievement.

Chairman’s Award – an annual award bestowed on an individual or team demonstrating excellence and outstanding achievement in a work-related activity. Dr Hong Jin received the award in 2008-09 for his initiative in arranging for Dr Charles Yeo to come from the United States and deliver a number of workshops for FSANZ staff on risk analysis.

Annual Development Award – in recognition of one-off contributions or achievements by a team or individual, which were signiﬁcant to FSANZ. This award provides funding for the recipient to further his or her expertise, usually through an overseas placement. The 2008 recipient was Christina Belperio. She used her award to further her knowledge and experience in food safety management by spending time with the UK Food Standards Agency and visiting raw-milk production facilities in the United States.

Australia Day Achievement Medallion – provided to acknowledge an individual or team contribution to FSANZ’s work, demonstrating achievements beyond the expectations of their role. In 2009, the recipient was Janis Baines.

Waitangi Day Achievement Award – inaugurated in 2007 to recognise and acknowledge contributions by New Zealand staff to FSANZ’s work, demonstrating achievements beyond the expectations of their role. In 2009, the recipient was Dr Leigh Henderson.

Quarterly Awards – available to individuals or teams to acknowledge their contribution to the corporate goals of FSANZ. The recipients for 2008-09 were Diane Bourne, Sue Harvey and Marianne Hoey.

Staff Long Term Service was recognised for 10 years’ service by John Fladun, Rocky Dalmolen, Liz Dean and Kent Brown. Those who have provided 15 years of service were Patricia Blenman, Janis Baines and Mary-Lou Dalzell.

The Staff Forum requested a review of our formal Rewards and Recognition Scheme, to move away from a structured, formal approach and to allow for a more informal recognition of staff contribution to FSANZ. In response, we reduced the number of formal rewards on offer in favour of setting out a framework for informally acknowledging staff performance.

OUR PEOPLE AND ORGANISATIONAL CAPABILITY 93 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Organisational structure

Our Chief Executive Ofﬁcer leads the agency and works closely with the other members of a ﬁve-person Executive: Chief Scientist, General Manager Risk Assessment Branch, General Manager Food Standards (Canberra) Branch, General Manager Food Standards (Wellington) Branch, and General Manager Legal and Regulatory Affairs Branch.

The Food Standards Branch in Canberra is largely responsible for risk management in relation to food safety standards in the Food Standards Code, for coordinating Australia-wide responses to food incidents, and for nutrition and public health activities. The Branch also has carriage of corporate operations, consumer and social sciences, regulatory analysis and ICT. The corresponding Branch in Wellington is responsible for the development of labelling and compositional standards and for communication and enquiry services.

Our Risk Assessment Branch carries out the scientiﬁc evaluation of risks to human health through food, including the collection of compositional information, dietary modelling and evaluations of the effectiveness of food standards.

Our work is organised in the following Sections:

• Communication

• Food Composition, Evaluation and Modelling

• Food Safety

• Labelling and Information Standards

• Ofﬁce of Legal Counsel and Secretariat

• Operations

• Product Safety Standards

• Public Health Nutrition Standards

• Risk Assessment - Chemical Safety

• Risk Assessment - Microbiology

• Risk Assessment - Public Health Nutrition

• Scientiﬁc Strategy, International and Surveillance

In addition, we maintain a number of smaller units.

94 OUR PEOPLE AND ORGANISATIONAL CAPABILITY ANNUAL REPORT 2008-2009

Senior management

The Executive’s role is to provide leadership, stewardship and control of the agency. It manages the implementation of the statutory functions of FSANZ in line with the strategic priorities set by the Board.

A Management Group, comprising Section Managers and the Executive, facilitates the two-way information between Sections and the Executive on our progress against strategic directions, day-to-day management and the coordination of section activities. Section Managers, and their General Managers, are responsible for supervising the activities of staff to ensure milestones are met, budgets and stafﬁng resources are appropriately utilised and the Section outputs contribute effectively to our goals and outcomes.

During the year, ﬁve Senior Executive Staff received performance bonuses totalling $64,685 and 20 employees received performance payments totalling $183,137.

At 30 June 2009, our Executive team comprised:

Steve McCutcheon – Chief Executive Ofﬁcer

As Chief Executive Officer, Mr McCutcheon is responsible to the FSANZ Board for the efficient administration of the agency and, in conjunction with the Board, for the corporate and strategic directions of FSANZ. He is also an ex officio member of the Board.

Dr Paul Brent – Chief Scientist

As Chief Scientist, Dr Brent has executive responsibility for FSANZ’s scientific work, data collection activities and development of collaborative relations with scientific institutions and the program that evaluates the impact of our standard setting activities. He also coordinates our scientific relations with international agencies, especially Codex.

Dr Andrew Bartholomaeus – General Manager

Dr Bartholomaeus is General Manager Risk Assessment, a role that gives him executive oversight of the agency’s risk assessment activities involving chemical, microbiological and nutritional analyses. He is also responsible for the agency’s work on food composition analysis, dietary modelling and evaluations.

OUR PEOPLE AND ORGANISATIONAL CAPABILITY 95 FOOD STANDARDS AUSTRALIA NEW ZEALAND

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, including standards for the primary industries, as well as for the agency’s social sciences, regulatory impact and economic analysis activities. In addition, she has senior management responsibility for corporate services, including a library, human resources and ICT functions and ﬁnancial management. Ms Fisher is secretary to the Board’s Finance, Audit and Risk Management Committee.

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 that address labelling and information matters, food contaminants, food composition, food additives and foods requiring pre-approval such as novel foods. He also has oversight of the agency’s communications function. Mr Stockwell is the senior FSANZ representative in New Zealand and is responsible for managing our relationships with consumers, industry, government and other stakeholders in that country.

John Fladun – General Manager

As General Manager Legal and Regulatory Affairs, Mr Fladun has senior management responsibility for FSANZ’s corporate governance arrangements. Mr Fladun also has oversight of the agency’s Ofﬁce of Legal Counsel and is FSANZ’s General Counsel.

96 OUR PEOPLE AND ORGANISATIONAL CAPABILITY Our Accountability FOOD STANDARDS AUSTRALIA NEW ZEALAND

Our Accountability

Objectives

• Ensure clear stakeholder understanding of our roles.

• Achieve best practice in our corporate governance arrangements.

• Establish and maintain a clear understanding of our responsibilities and accountabilities in delivering statutory obligations.

Performance

• Level of compliance with statutory and other external reporting requirements.

• Extent to which our management reporting and planning processes track progress against agency priorities.

• Effectiveness of cooperation between ourselves and our jurisdictional partners.

Highlights

• Met the reporting requirements of the Commonwealth Authorities and Companies Act 1997 and Section 152 of the Food Standards Australia New Zealand Act 1991.

• Received ‘satisfactory’ response from the Parliamentary Secretary on the quality and timeliness of our brieﬁngs and advice.

• Received ‘Comprehensive’ ranking in the Comcover Risk Management Benchmarking Survey 2009, placing FSANZ in the top quartile of risk management performance in the Australian Government arena.

• Achieved administrative savings of $200,000 a year (ongoing).

• Developed a new Corporate Plan for the period 2009-12.

• Completed a framework for business continuity management in the event of unforeseen and catastrophic circumstances.

98 OUR ACCOUNTABILITY ANNUAL REPORT 2008-2009

Overview

Effective accountability depends as much on the quality of the planning capability and business systems of an organisation as on its performance reporting.

Prior to each Federal Budget, FSANZ provides the Australian Government with proposed strategic directions for the next year. These responsibilities are described in the Food Standards Australia New Zealand Act 1991. The proposed strategic directions and supporting activities appear in the annual Portfolio Budget Statements for the health and ageing portfolio.

Our annual report contains an account of FSANZ’s expenditure of public funds on the activities described in the Portfolio Budget Statements. In addition, we provide information on the outputs and outcomes that contribute to our overall performance as a national food regulator.

As part of its governance responsibilities, the FSANZ Board determines the long-term goals for the agency, the more immediate strategic directions and the criteria that we use to assess our performance.

These objectives and performance measures underpin the agency’s ability to demonstrate compliance with statutory responsibilities – ﬁnancial and non ﬁnancial – and to assure consumers, the food industry, our regulatory partners and other stakeholders (including the Australian Parliament) that we discharge those responsibilities in a professional and objective manner.

At the agency level, we are guided by the Corporate Plan. The Corporate Plan identiﬁes the main reporting areas for FSANZ’s work, as well as agency goals.

At an operational level, the planning process addresses corporate risk such as fraud, risks posed by an innovative food industry, and emerging food safety risks to the food supply. For example, is the industry about to unveil a new food production technology? Are there pathogens or contaminants in overseas food markets that have the potential to enter Australia or New Zealand?

Because we cannot plan in detail for such eventualities, we need to ensure that our processes are sufficiently robust to accommodate such challenges and that our staffing regime has the flexibility to form project teams with the necessary skills to provide expert advice when required.

Business systems such as ﬁnancial management, business continuity planning, asset control and record keeping also play a signiﬁcant role in enabling us to account for our performance. During the year, for example, we used the results of detailed time recording of activities by staff to generate information for our funding discussions with the New Zealand Government.

OUR ACCOUNTABILITY 99 FOOD STANDARDS AUSTRALIA NEW ZEALAND

In our Corporate Plan, the Board has identiﬁed a goal of ensuring ‘clear stakeholder understanding of our roles’. This aspect of accountability was discussed earlier in the section Our Stakeholders. It has to do with expectations and perceptions. Without an accurate understanding of what FSANZ is supposed to do, how can stakeholders judge our performance?

Closer working relationships with jurisdictions, in particular, are proving beneﬁcial in clarifying our role and generating an informed appreciation for our capabilities.

For example, the National Food Incident Response Protocol has provided the agency with opportunities to work collaboratively with enforcement agencies on risk assessments, risk management and risk communication. Another example has been the collaborative work between FSANZ and the Implementation Sub Committee to produce food standards and implementation plans simultaneously, instead of in sequence. This has required a thorough understanding of the roles of all participating parties.

In conclusion, therefore, we have sought to improve our accountability on a broad front during the year. We value our reputation as a transparent organisation. This annual report is but one link in the transparency chain.

Our roles and priorities

Section 13 of the Food Standards Australia New Zealand Act 1991 sets out twenty functions ascribed to FSANZ. The primary function is to develop and review food standards. Other functions include promoting consistency between domestic and international food standards and, in consultation with States and Territories, coordinating the monitoring, surveillance and enforcement of activities relating to food available in Australia.

Section 18 of the Act describes the objectives of the agency in ‘developing or reviewing food regulatory measures and variations of food regulatory measures’. In descending order of priority, FSANZ’s objectives are:

• the protection of public health and safety; and

• the provision of adequate information relating to food to enable consumers to make informed choices; and

• the prevention of misleading or deceptive conduct.

100 OUR ACCOUNTABILITY ANNUAL REPORT 2008-2009

In addressing these objectives, we must also ‘have regard’ to a number of issues:

• the need for standards to be based on risk analysis using the best available scientiﬁc evidence;

• the promotion of consistency between domestic and international food standards;

• the desirability of an efﬁcient and internationally competitive food industry;

• the promotion of fair trading in food;

• any written policy guidelines formulated by the Council for the purposes of this paragraph and notiﬁed to the Authority.

These are the main legislative requirements governing FSANZ. The need to protect the health and safety of the community through a safe food supply permeates all of our assessment processes, our decision making and our planning. It shapes our prioritisation model and the strategic directions set by the Board. It is the key measure by which our performance is judged.

FSANZ’s goal is to achieve a high degree of consumer conﬁdence in the quality and safety of food produced, processed, sold or exported from Australia and New Zealand; and an effective, transparent and accountable regulatory framework within which the food industry can work efﬁciently.

Within this legislative framework, we work within a tripartite food regulatory system, the other two areas being the development of food policy and the implementation and enforcement of food standards. We are bound by food policy guidance handed down by the Australia and New Zealand Food Regulation Ministerial Council and must develop standards that are consistent with this guidance. We must also review our regulatory decisions at the request of States, Territories or the Australian or New Zealand Governments, through the Ministerial Council.

Our approaches and decisions, therefore, are under continual scrutiny. This scrutiny ensures that our work does not deviate from our legislative responsibilities.

Stakeholders and regulatory partners

The ﬁrst step in being accountable to stakeholders is to ensure that our roles are fully understood. This is particularly important in our dealings with our regulatory partners – national and State/Territory agencies – which use the provisions of the Australia New Zealand Food Standards Code to ensure the safety of the food supply in the various jurisdictions.

During the year, our Executive team maintained a program of engagement with peak industry organisations, senior ofﬁcers in government agencies, CHOICE and other consumer groups,

OUR ACCOUNTABILITY 101 FOOD STANDARDS AUSTRALIA NEW ZEALAND

public health associations and community activists. The emphasis of this interaction was to not only explain our approaches to particular issues, but also to emphasise the limitations on FSANZ for what it could and could not do.

Our aim was to help stakeholders to more accurately identify which components of the food regulatory system could be of most assistance to them. We intend to continue this awareness program into 2009-10.

Australian States and Territories

Under a 1991 Inter-Governmental Agreement between all Australian governments, the States and Territories adopt, without variation, food standards recommended by the National Food Authority (now FSANZ). 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.

The Australian Government and the States and Territories became signatories to this Agreement on 3 November 2000. The Australian Parliament passed an amendment Act setting up these new arrangements – including the creation of Food Standards Australia New Zealand – on 1 July 2002.

More recently the Food Standards Australia New Zealand Amendment Act 2007, proclaimed on 1 July 2007, resulted in changed requirements for applicants and shortened timelines for FSANZ to process Applications. These new arrangements came into effect on 1 October 2007.

New Zealand

On 1 July 1996, a Treaty between Australia and New Zealand to establish a single joint foodstandards system 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 Treaty 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, trade, 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 Treaty to develop joint food standards requires that FSANZ and the New Zealand Minister of Food Safety conclude a funding and performance agreement. The performance agreement

102 OUR ACCOUNTABILITY ANNUAL REPORT 2008-2009

details the services FSANZ is to provide and includes quarterly performance reporting, details of New Zealand’s contribution and the payment schedule. Technical aspects of the Treaty are presently being reviewed by the governments of Australia and New Zealand.

Requests under FOI legislation

In 2008-09, FSANZ received one request for access to documents under the Freedom of Information Act 1982. That request was transferred to the Department of Health and Ageing as the subject matter of the documents was more closely connected with that Department’s functions.

FSANZ Service Charter

Our Service Charter is a document that sets out the service standards by which we wish to be judged and describes complaints procedures that can be used by individuals or organisations if they believe we have not met those standards. We received no such complaints in 2008-09.

Corporate governance arrangements

Government and Parliament

To ensure quality practices, efﬁciently managed workloads and the ability to meet our statutory obligations, FSANZ has a number of policies and practices in place to handle the interaction with Ministers, Parliamentary Secretaries and their ofﬁces, as well as Departments.

Most of our contact at Government level is with the ofﬁce of the Parliamentary Secretary for Health. This contact relates to information, Parliamentary-related functions and the provision of public affairs support. We also provide the Parliamentary Secretary’s and Minister’s ofﬁces with weekly ‘Hot Issues’ reports.

We use a number of quality control and evaluation measures to meet our obligations of responsiveness to Ministers and Departmental requests for assistance or input. Our quality control measures include the employment of a FSANZ Parliamentary Liaison Ofﬁcer, policies and protocols on the minimum classiﬁcation level for the clearance and signing-off of documents, and training of FSANZ staff on Parliamentary procedures, including attendance at Question Time.

OUR ACCOUNTABILITY 103 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Table 15 shows that we completed 97% of Ministerial brieﬁngs and correspondence on time, in line with our performance since 2006-07. We also provided input into correspondence on a large number of matters relating to FSANZ responsibilities, the responses for which were the responsibility of other Branches within the Department of Health and Ageing or other departments.

Table 15. FSANZ Performance – Ministerial brieﬁngs and correspondence

Ministerial correspondence

For info / Completed 1-2 days 3-7 days 8-14 days >14 days TOTAL for no further on time late late late late action action

168410017324 2008-2009 97% 2% 1% 0% 0% 100%

174410017924 2007-2008 97% 2% 1% 0% 0% 100%

134330014029 2006-2007 96% 2% 2% 0% 0% 100%

Minutes

Sent Returned Unsatisfactory % Satisfactory or better

29 100%

Brieﬁng Note Requests

Received Sent Late % Sent late

860 0%

Senate Estimates

Senior staff members were required to appear before Senate Estimates on two occasions during the year (October 2008 and June 2009). Issues raised during the hearings included safety and labelling of genetically modiﬁed food, testing of imported food, melamine contamination of dairy products, labelling of isinglass in wine products, food colourings, safety of novel foods, irradiation of pet food and Bisphenol A.

104 OUR ACCOUNTABILITY ANNUAL REPORT 2008-2009

FSANZ Board

FSANZ has a 12-member Board appointed by the Australian Government Minister for Health and Ageing, following consultation with the Australian, State, Territory and New Zealand Governments. Members of the Board have been drawn from a number of areas of expertise covering public health, food science, medical science, consumer policy, primary industry, the National Health and Medical Research Council, the food industry and government.

All members are part-time, except for the Chief Executive Ofﬁcer. Details of the qualiﬁcations of Board members and their attendance at meetings are summarised in Appendix 11.

Directors are appointed for varying terms. The four year appointment term of the Chair, Ms Philippa Smith AM, commenced on 1 July 2008, following the cessation of appointment of the former Chair, the Hon Rob Knowles AO. On 1 July 2008, Ms Dianne Yates was appointed for a four-year term to ﬁll the vacancy created by the retirement of Mr Owen Symmans, one of three New Zealand members.

The terms of Dr John Craven, Mr Peter Milne, Mrs Hikihiki Pihema and Dr Pamela Williams ceased on 30 June 2009.

The CEO of FSANZ is an ex-ofﬁcio member of the Board. Mr Steve McCutcheon was appointed to the position of Chief Executive Ofﬁcer on 29 October 2007.

The Board meets at least ﬁve times per year and also convenes through teleconferences to discuss urgent issues. Five Board meetings and four Board teleconferences were held in 2008-09. Members also considered matters out-of- session. FSANZ provides secretariat services to the Board and published outcomes of its meetings on its website.

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

Mr Peter Milne chaired the Finance, Audit and Risk Management Committee of the Board in 2008-09. The committee comprises three Board members. Other members of the Board are welcome to attend as observers. In practice, most Board members and relevant senior FSANZ staff attend these meetings.

The Committee has principal responsibility for overseeing FSANZ’s corporate governance arrangements, including ﬁnancial management, internal audit and risk management and compliance systems. Speciﬁcally, the Committee helps FSANZ and its directors with

OUR ACCOUNTABILITY 105 FOOD STANDARDS AUSTRALIA NEW ZEALAND

obligations under the CAC Act and provides a forum for communication between the directors, the senior managers and the internal and external auditors.

It approves the three-year Strategic Internal Audit Plan (SIAP) and reviews the plan on an annual basis based on a risk management analysis of our corporate arrangements and advises the Board in relation to ﬁnancial management within FSANZ.

Audits are conducted by an external provider, currently Ascent Governance Pty Ltd (Ascent). The contract with Ascent spans three years and is due to expire in October 2009. To this end, we issued a Request for Tender in April for the supply of the Internal Audit service to FSANZ for the 2010-12 ﬁnancial years, commencing 1 Janurary 2010. The preferred provider will conduct a risk assessment of FSANZ business processes and develop a revised SIAP 2010-12.

We conducted two internal audits under the SIAP during the year: Project Management within FSANZ and a Review of Internal Purchasing Processes. The Finance, Audit and Risk Management Committee reported the outcomes of these audits to the Board.

Business planning and management

Fraud Control Plan

We met all of the requirements in the Australian Government’s Fraud Control Guidelines and have undertaken a comprehensive fraud risk assessment.

FSANZ has an approved Fraud Control Plan which has been provided to the Australian Federal Police and the Australian Institute of Criminology. To ensure best practice in fraud risk mitigation, we have developed fraud prevention, detection, investigation, reporting and data collection procedures and processes that meet our speciﬁc needs and comply with the guidelines.

Comcover Risk Management Benchmarking Survey 2009

Comcover’s benchmarking program measures the effectiveness of an agency’s risk management framework, practices and systems. The survey provides agencies with a strategic overview of their performance in ﬁve key result areas (KRAs). We received an overall score of 7.3 (out of 10) and, as such, are considered to be at the level of Comprehensive.

Our individual performance rating for each of the KRAs were: Risk Management Governance (Advanced), Risk Sharing (Satisfactory), Business Continuity Management (Superior), Communication and Training (Advanced) and Monitoring and Review (Advanced).

106 OUR ACCOUNTABILITY ANNUAL REPORT 2008-2009

This result for FSANZ puts the agency in the upper end of the top quartile of risk management performance in the Australian Government arena. As a result, Comcover reduced its insurance premium for FSANZ for 2009-10 by 7.3%

Business continuity management (BCM)

FSANZ completed the development of a business continuity management process. Its purpose is to provide a framework that enables FSANZ to rebound from any unplanned and disruptive event, thereby providing continuity of service to key stakeholders and protection for our reputation. Disruptive incidents can arise from accidents, criminal activity or natural disasters.

In developing the BCM framework, we applied internationally accepted BCM practices, including the identiﬁcation of critical business functions, key business systems, processes and resources supporting those functions, functional interdependencies and maximum acceptable outages. We incorporated risk management and business analysis activities into the BCM strategy and made provision for the ongoing testing, evaluation, updating and reporting of the BCM plan and the overall framework.

From a whole-of-government perspective, however, FSANZ has been externally assessed as ‘not having critical Australian Government functions’. Nonetheless, business is an important risk area for the agency. We have implemented a Chief Executive Instruction (CEI) that provides strategic and operational direction should such an event occur. The CEI includes individual plans which can be used in isolation – that is, Business Continuity Plan, Information Technology Disaster Recovery Plan, and Business Continuity Plan (Pandemic).

As a result of the recent H1N1 inﬂuenza virus alert in mid-2009, we revised the Business Continuity Plan (Pandemic) to ensure that it met all current requirements, including the WHO and revised Australian Government phases of human inﬂuenza pandemic.

Chief Executive Instructions

As a CAC agency, FSANZ is not required to maintain Chief Executive Instructions (CEIs). However, our CEOs have historically supported the development of CEIs as a means of providing a framework for sound management and good governance practices.

We now have more than fifty CEIs in place, covering all aspects of our administration, including general administration, financial controls, human resource policies, information technology and security. During the year, we finalised a number of important CEIs and reviewed others These included new CEIs on purchasing and procurement, security (physical and information handling), and a new Information and Communications Technology Security Policy.

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Purchasing (including asset management)

As part of its oversight and review of organisational risks, the Finance, Audit and Risk Management Committee decided to replace a planned audit of ﬁnancial statements with one of purchasing and procurement procedures.

The objective of the audit was to assess whether FSANZ has an appropriate framework to regulate procurement activity within the agency. The auditors found that FSANZ had a robust procurement framework based on relevant current better practice guidance. They also noted that their conclusions were consistent with that of the Australian National Audit Ofﬁce during their audit of ﬁnancial statement in 2007-08.

Cost recovery

We have 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. The cost recovery arrangements are set out in the FSANZ Act and Regulations.

Record keeping

The maintenance of effective record keeping systems helps us to ensure that we are openly accountable for our actions within the framework of ministerial responsibility to the Government, the Parliament and the public.

Our Records Management Policy reﬂects the requirements of Australian Government legislation and other ofﬁcial guidelines. Document management and storage is undertaken by the Department of Health and Ageing under a Memorandum of Understanding that we have negotiated for the provision of this service.

Review of administrative expenditure

We achieved administrative savings of $200,000 during the year, most of which will be ongoing. Part of the savings came from lower activity levels such as in recruitment, but the bulk of savings arose from using in-house capacity instead of contract labour – for example, moving furniture or providing reception services.

The other main area of savings in accommodation has been in ofﬁce lighting. Following a comprehensive energy review of our premises, we negotiated an agreement with the building owner to install energy efﬁcient lighting. This has generated annual savings in electricity costs of $16,500 as well as helping to reduce our carbon footprint by 21%.

108 OUR ACCOUNTABILITY ANNUAL REPORT 2008-2009

Additional savings in electricity costs have been obtained from January 2009 by joining a whole-of-government electricity contract managed by the Department of Defence. This has provided savings of $1,800 or 4.2% on total electricity costs. Changing our cleaning contractors, our recycling bin providers and our stationery suppliers resulted in further savings.

Consultants, competitive tendering and contractors

We spent $1.032 million on consultants and contractors during the year on services and products costing more than $2,000 (see Appendix 9 for details).

Corporate planning

FSANZ and the Board maintain an annual planning schedule that addresses the Corporate Plan, the Portfolio Budget Statements, the Business Plan and strategies for individual activities. We involve all staff in planning activities for Sections and work projects. We also set aside time in the schedule of Board members and the Executive to address strategic issues.

Corporate Plan 2009-12

During the year, we developed a new Corporate Plan to cover 2009-12. Through the Corporate Plan, the Board sets the strategic directions for the agency. Board members have extensive experience of private and public sector organisations and have a duty of care to ensure that FSANZ acts within its legislative remit and to allocate its resources wisely. The Board is also committed to excellence and quality in everything that FSANZ does.

Our Vision is ‘a safe food supply which supports the health of people in Australia and New Zealand’. FSANZ’s role in the food regulatory system is critical to the maintenance of public health and public safety and we are confident that, despite difficult financial times ahead, we will be smart enough to continue to produce high quality standards in a timely way and meet most stakeholder expectations most of the time.

The Corporate Plan 2009-12 provides the foundations of this process. It is structured around four strategic imperatives (replacing the key result areas in previous plans): Regulatory Standards, Stakeholder Relationships, People and Organisational Capability, and Accountability. A supporting framework includes objectives, strategies and outcomes.

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Priorities

The Board determined four key issues on which FSANZ should focus in 2009-10:

• the need for greater clarity of FSANZ role and scope;

• enhancing FSANZ performance in achieving regulatory measure goals;

• enhancing FSANZ relationships, engagement and communication with stakeholders; and

• enhancing FSANZ’s reputation and credibility.

We appointed an Executive Sponsor to each issue so that they would be driven from the top of the agency. We expect that agreed strategies will be ﬁnalised and implemented in 2009-10.

Performance measurement

As mentioned in the Corporate Overview section of this report, we will be changing our reporting framework in 2009-10 from an outputs and outcomes approach to reporting by program. Program 1.1 for FSANZ is ‘Food regulatory activity and services to the Minister and Parliament’.

This program has three key strategic directions:

Manage the development and maintenance of effective evidence-based food standards contributing to the provision of a safe food supply.

Ensure effective engagement with regulatory partners in the implementation of these standards to protect the health and safety of Australians.

Strengthen engagement with industry, consumers and the general community to increase awareness of the food regulatory system.

We will report against the deliverables for these key strategic directions in our 2009-10 annual report.

110 OUR ACCOUNTABILITY ANNUAL REPORT 2008-2009

Appendix 1 – Finalised projects 1 July 2008 to 30 June 2009

Gazettal and registration on the Federal Register of Legislative Instruments of amendments to the Australia New Zealand Food Standards Code occurs throughout the year after the Ministerial Council notiﬁes FSANZ that it does not need to review its decision on a Standard or a variation to a Standard; or if, after a Second Review by FSANZ, the Ministerial Council accepts or amends the Standards or variation to a Standard. Each gazette is sequentially numbered.

FSANZ gazetted (published) the following amendments to the Australia New Zealand Food Standards Code relating to the following Applications and Proposals:

Amendment No. 100 (10 July 2008)

Application A592 – Food derived from Glyphosate-tolerant Soybean MON89788

To seek permission for food derived from soybean genetically modiﬁed to provide tolerance to the herbicide glyphosate.

Application A606 – Asparaginase as a Processing Aid (Enzyme)

To seek the approval for a new enzyme preparation produced from a genetically modiﬁed strain of Aspergillus oryzae for use in food production to reduce the risk of acrylamide formation.

Proposal P272 – Labelling Requirements for Food for Catering Purposes and Retail Sale

To review the labelling requirements, limitations or exemptions for food for retail sale, food for catering purposes, packaged meals provided by delivered meals organisations and meals provided in hospitals and similar institutions.

Amendment No. 101 (14 August 2008)

Application A566 – L-5-Methyltetrahydrofolate, Calcium as a Permitted Vitamin Form of Folate

To allow L-5-methyltetrahydrofolate, calcium salt (L-MTHF) as a permitted form of folate in Standard 1.1.1.

APPENDIX 1 – FINALISED PROJECTS 1 JULY 2008 - 30 JUNE 2009 111 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Application A570 – Ferric Sodium Edetate as a Permitted Form of Iron

To amend Standard 1.1.1 to include ferric sodium edetate as a permitted form of iron.

Application A607 – Maximum Residue Limits (April, May, June 2007)

To amend maximum residue limits for a number of agricultural and veterinary chemicals.

Application A610 – Maximum Residue Limits (July, August 2007)

To amend maximum residue limits for a number of agricultural and veterinary chemicals.

Application A612 – Maximum Residue Limits – Dimetridazole (Antibiotic)

To reduce maximum residue limits for the antibiotic dimetridazole.

Proposal M1001 – Maximum Residue Limits (September, October, November, December 2007)

To amend maximum residue limits for a number of agricultural and veterinary chemicals.

A number of amendments relating to Editorial Notes were also made. These were originally included in Proposal P1001 – Omnibus VII. An amendment to an Editorial note in Standard 2.2.1 is also being made.

Amendment No. 102 (3 October 2008)

Proposal P1001 – Omnibus VII (only Item [35] was gazetted)

To correct errors of minor signiﬁcance or complexity (including typographical errors, inconsistencies, misspellings, grammatical errors, deletions and corrections of Tables) identiﬁed in the Code.

Amendment No. 103 (9 October 2008)

Application A540 – Steviol Glycosides as Intense Sweeteners

To approve the use of steviol glycosides (extract of the herb Stevia rebaudiana) in various foods.

Application A589 – Food derived from Glufosinate Ammonium-tolerant Rice LLRICE62

To seek permission for food derived from rice genetically modiﬁed to provide resistance to the herbicide glufosinate ammonium.

112 APPENDIX 1 – FINALISED PROJECTS 1 JULY 2008 - 30 JUNE 2009 ANNUAL REPORT 2008-2009

Proposal P1001 – Omnibus VII (except for Item [35] which was gazetted as part of Amendment No. 102

Proposal P1003 – Mandatory Iodine Fortiﬁcation for Australia

To amend the mandatory iodine fortification Standard for New Zealand to create a joint Standard for Australia and New Zealand. The Proposal reflects advice that iodine deficiency in Australia is prevalent, warrants intervention and mandatory fortification is considered the most cost-effective strategy.

Amendment No. 104 (4 December 2008)

Application A595 – Food derived from Insect-Protected Corn Line MON89034

To seek permission for food derived from maize genetically modiﬁed to provide protection against Lepidopteran pests.

Application A1003 – Asparaginase from Aspergillus niger as a Processing Aid (Enzyme)

To permit the use of a new microbial source for Asparaginase sourced from a genetically modiﬁed strain of Aspergillus niger for use in food production to reduce the risk of acrylamide formation.

Amendment No. 105 (15 January 2009)

Application A552 – Cadmium in Peanuts

To increase the maximum level of 0.1 mg/kg for cadmium in peanuts to 0.5 mg/kg.

Proposal M1002 – Maximum Residue Limits (January, February, March 2008)

To amend maximum residue limits for a number of agricultural and veterinary chemicals.

Proposal P306 – Addition of Inulin / FOS & GOS to Food

To permit and regulate the composition of added inulin / fructo-oligosaccharides (FOS) and galacto-oligosaccharides (GOS) as nutritive substances in infant formula products, infant foods

APPENDIX 1 – FINALISED PROJECTS 1 JULY 2008 - 30 JUNE 2009 113 FOOD STANDARDS AUSTRALIA NEW ZEALAND

and supplementary foods for young children (this category mostly comprises toddler formula). To consider added FOS as not being a nutritive substance in other foods.

Amendment No. 106 (12 February 2009)

Application A1001 – Food derived from Insect-protected Corn Line MIR162

To approve food derived from corn genetically modiﬁed to provide resistance to Lepidopteran species.

Amendment No. 107 (30 April 2009)

Application A1004 – Phospholipase A2 as a Processing Aid (Enzyme)

To seek approval for a new microbial source for phospholipase A2 produced from a genetically modiﬁed strain of Aspergillus niger for use as an emulsiﬁer in bakery products, sauces and dressings.

Proposal P1002 – Hydrocyanic Acid in Ready-to-Eat Cassava Chips

To include a Maximum Level for hydrocyanic acid in ready to eat cassava chips.

Amendment No. 108 (28 May 2009)

Application A490 – Exemption of Allergen Declaration for Isinglass

To seek an exemption from the requirement to label beer and wine for the presence of isinglass under clause 4, Standard 1.2.3.

Application A594 – Addition of Lutein as a Nutritive Substance to Infant Formula

To seek permission for the addition of lutein as a nutritive substance in infant formula.

Application A597 – Addition of Lutein to Formulated Supplementary Foods for Young Children

To seek permission for the addition of lutein as a nutritive substance in formulated supplementary foods for young children.

114 APPENDIX 1 – FINALISED PROJECTS 1 JULY 2008 - 30 JUNE 2009 ANNUAL REPORT 2008-2009

Application A1011 – Cellulase from Penicillium funiculosum as a Processing Aid (Enzyme)

To seek approval of a cellulase enzyme complex produced by fermentation using a non- toxigenic strain of Penicillium funiculosum as a processing aid.

Amendment No. 109 (18 June 2009)

Proposal P1008 – Code Maintenance VIII (only amendments to Editorial notes were gazetted)

To amend the Code to correct minor errors, inconsistencies and ambiguities and to amend food regulatory measures in the Code to maintain its currency and clarify certain requirements.

APPENDIX 1 – FINALISED PROJECTS 1 JULY 2008 - 30 JUNE 2009 115 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Appendix 2 – Applications received and Proposals prepared

Before 1 October 2007

Section 69 of the Food Standards Australia New Zealand Act 1991 (as was in force prior to 1 July 2007) requires FSANZ to report on its processing of applications and proposals in the following manner:

During 2008-09, FSANZ progressed 30 Applications received prior to 1 October 2007:

(i) 6 were withdrawn;

(ii) 1 was rejected by FSANZ;

(iii) 7 were ﬁnalised and notiﬁed to the Ministerial Council;

(iv) 6 were considered after a request for a review and notiﬁed to the Ministerial Council; and

(v) 10 were still being progressed as at 30 June 2009.

During 2008-2009, FSANZ progressed 8 Proposals prepared prior to 1 October 2007:

(vi) 2 were abandoned by FSANZ;

(vii) 0 were ﬁnalised and notiﬁed to the Ministerial Council;

(viii) 0 was considered after a request for a review and notiﬁed to the Ministerial Council; and

(ix) 6 were still being progressed as at 30 June 2009.

(e) Any occasion during 2008-09 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 (as was in force prior to 1 July 2007) within the period required under section 35 (as was in force prior to 1 July 2007) and a statement of the reasons for that failure:

116 APPENDIX 2 – APPLICATIONS RECEIVED AND PROPOSALS PREPARED ANNUAL REPORT 2008-2009

Application A490 – Exemption of Allergen Declaration for Isinglass (due 2 March 2009, completed 5 March 2009)

Due to the requirement to conduct targeted consultations after the close of public submissions on the Draft Assessment Report, it was not possible to prepare the Final Assessment Report for consideration by the Board in December 2008. The next available opportunity for the Board to make a decision was in March 2009, three days past the statutory completion deadline.

Application A597 – Addition of Lutein to Formulated Supplementary Foods for Young Children (due 25 September 2008, completed 5 March 2009)

At Final Assessment, the FSANZ Board noted the concerns of submitters, including jurisdictions, that both the safety and benefit of lutein should be demonstrated for vulnerable populations such as young children. Therefore, in the absence of Ministerial guidance, the Board deferred its decision and requested that, in addition to safety, further consideration be given to the physiological function of lutein and the potential for a health benefit from the addition of lutein to toddler milks. Further information was also sought from the Applicant. In addition, the delay also allowed for consideration of the European Food Safety Authority scientific opinion on lutein which was published in November 2008.

(f) Extensions of time FSANZ granted under subsection 35(2) of the FSANZ Act during 2008-2009 and the reasons for those extensions:

A609 (6 months) Approval was sought to manage the concurrent processing of this Application and a related Proposal, Proposal P306, within statutory timeframes.

(g) The number of applications made to the Administrative Appeals Tribunal during 2008-2009 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 2008-09:

Nil

(i) The number of standards made under the FSANZ Act during 2008-09: 16 (this includes both standards and variations to standards gazetted)

APPENDIX 2 – APPLICATIONS RECEIVED AND PROPOSALS PREPARED 117 FOOD STANDARDS AUSTRALIA NEW ZEALAND

(j) The number of draft standards and draft variations approved during 2008-2009 under:

(i) section 18 of the FSANZ Act; or

(ii) subsection 26(1) of the FSANZ Act.

Nil

(k) The number of occasions during 2008-09 when requests were made under section 21 of the FSANZ Act (as was in force prior to 1 July 2007) for a review of a draft standard or draft variation:

(l) The number of occasions during 2008-09 when requests were made under section 22 of the FSANZ Act (as was in force prior to 1 July 2007) for a review of a draft standard or draft variation:

(m) The number of occasions during 2008-09 when a draft standard or draft variation was rejected under section 23 of the FSANZ Act (as was in force prior to 1 July 2007):

Nil

(n) The number of occasions during 2008-09 when requests were made under section 28A of the FSANZ Act (as was in force prior to 1 July 2007) for a review of a standard or variation:

Nil

(o) The number of occasions during 2008-09 when requests were made under section 28B of the FSANZ Act (as was in force prior to 1 July 2007) for a review of a standard or variation:

Nil

(p) The number of occasions during 2008-09 when a standard or variation was revoked or amended under section 28C of the FSANZ Act (as was in force prior to 1 July 2007):

Nil

118 APPENDIX 2 – APPLICATIONS RECEIVED AND PROPOSALS PREPARED ANNUAL REPORT 2008-2009

(q) A summary of policy guidelines notiﬁed to FSANZ during 2008-2009 under paragraph 18(2)(e) of the FSANZ Act (as was in force prior to 1 July 2007):

N/A

(r) such other matters (if any) as are speciﬁed in the regulations:

Nil

Applications received and Proposals prepared from 1 October 2007 onwards

Section 152 of the Food Standards Australia New Zealand Act 1991 requires FSANZ to report on its processing of applications and proposals in the following manner:

The number of applications that were made under section 22 during 2008-2009:

The number of applications accepted under subsection 26(1) during 2008-2009:

The number of applications rejected under subsection 26(1) during 2008-2009 and the reasons for the rejections:

1 PA1013 – on the basis that it did not meet the mandatory format and information requirements under subsection 22(2) of the FSANZ Act which are set out in Part 3 of the FSANZ Application Handbook. The Admin Assessment does not consider the merits of the Application.

2 PA1014 – on the basis that it did not meet the mandatory format and/or information requirements under subsection 22(2) of the FSANZ Act which are set out in Part 3 of the FSANZ Application Handbook. The Admin Assessment does not consider the merits of the Application.

3 PA1017 – on the basis that it did not meet the mandatory format and/or information requirements under subsection 22(2) of the FSANZ Act which are set out in Part 3 of the FSANZ Application Handbook. The Admin Assessment does not consider the merits of the Application.

APPENDIX 2 – APPLICATIONS RECEIVED AND PROPOSALS PREPARED 119 FOOD STANDARDS AUSTRALIA NEW ZEALAND

4 PA1022 – on the basis that it did not meet the mandatory information requirements under subsection 22(2) of the FSANZ Act which are set out in Part 3 of the FSANZ Application Handbook. The Admin Assessment does not consider the merits of the Application.

5 PA1023 – on the basis that it did not meet the mandatory information requirements under subsection 22(2) of the FSANZ Act which are set out in Part 3 of the FSANZ Application Handbook. The Admin Assessment does not consider the merits of the Application.

6 PA1027 – on the basis that it did not meet the mandatory information requirements under subsection 22(2) of the FSANZ Act which are set out in Part 3 of the FSANZ Application Handbook. The Admin Assessment does not consider the merits of the Application.

Number of Applications withdrawn in 2008-09 under subsection 24(1) during the current year:

The number of applications accepted under subsection 26(1) during 2008-09 that the FSANZ had not begun to assess under section 29 during 2008-09:

The number of applications accepted under subsection 26(1) during a previous ﬁnancial year that the FSANZ had not begun to assess under section 29 before the end 2008- 2009:

(a) the number of applications that were considered under Subdivision D of Division 1 of Part 3 during 2008-09:

(b) the number of applications that were considered under Subdivision E of Division 1 of Part 3 during 2008-09:

120 APPENDIX 2 – APPLICATIONS RECEIVED AND PROPOSALS PREPARED ANNUAL REPORT 2008-2009

(d) Health claims

N/A

(e) for each of those Subdivisions, the number of applications considered under that Subdivision that were disposed of during 2008-2009 and the manner of their disposal:

Subdivision D:

4 Approved

0 Withdrawn

0 Rejected

Subdivision E:

Subdivision F:

(f) for each of those Subdivisions, the average time taken to dispose of applications during 2008-2009 (for Approval only):

Subdivision D:

8.5 months

Subdivision E:

N/A

Subdivision F:

N/A

The number of applications accepted under subsection 26(1) during a previous ﬁnancial year that FSANZ had begun to assess under section 29 before the end of the current

APPENDIX 2 – APPLICATIONS RECEIVED AND PROPOSALS PREPARED 121 FOOD STANDARDS AUSTRALIA NEW ZEALAND

year, but that the FSANZ had not disposed of before the end 2008-09 and the period that elapsed since the application was accepted under subsection 26(1)

A1005 16 months

A1006 14.5 months

(g) the number of applications made during 2008-09 in relation to which a charge ﬁxed under section 146 was payable

(h) the number of applications made during 2008-09 in relation to which no charge ﬁxed under section 146 was payable

(i) the average number of days that elapsed between the acceptance or rejection under section 26 of an application made during 2008-09 in relation to which no charge ﬁxed under section 146 was payable, and the commencement of the assessment of the application under section 29

N/A

(j) each occasion during 2008-09 on which the consideration period under section 109 elapsed without FSANZ completing the procedure that FSANZ must, under Subdivision C of Division 1, adopt in considering the application

Nil

(k) each occasion during 2008-09 on which FSANZ extended the consideration period under subsection 109(4), and the reasons for that extension

A1006 (6 months) FSANZ completed a comprehensive safety assessment of this Application and no public health and safety concerns were identiﬁed. However, as two new genes have been introduced into soybean 356043, the assessment also included consideration of the toxicity of novel herbicide residues, N-acetyl glyphosate (NAG) and N-acetyl aminomethylphosphonic acid (N-acetyl AMPA), which have not been assessed previously by FSANZ. FSANZ therefore referred the completed safety assessment to two external reviewers for peer scientiﬁc review, which has extended the assessment period.

122 APPENDIX 2 – APPLICATIONS RECEIVED AND PROPOSALS PREPARED ANNUAL REPORT 2008-2009

Also, given that the labelling of GM foods is contentious and under public scrutiny, the issue of whether the compositional changes in soybean 356043 warrant more extensive labelling demanded further consideration. There was a need to debate the issue internally to arrive at a consensus interpretation of the Standard. These additional processes imposed delays in completing the 1st Assessment.

In addition, due to a major illness, the project manager was forced to reduce normal working hours on this Application and the work could not be re-allocated to other staff as FSANZ considered the project manager was the most appropriate person to complete the assessment due to her familiarity with a number of complex issues.

The number of applications declared under section 95 to be urgent applications during 2008-09:

(l) the number of proposals made by FSANZ under section 55 during 2008-09:

The number of proposals prepared under section 55 during 2008-09 that the FSANZ had not begun to assess under section 59 during that year:

The number of proposals prepared under section 55 during a previous ﬁnancial year that the FSANZ had not begun to assess under section 59 before the end of 2008-09:

(m) the number of proposals made by FSANZ under section 81 during 2008-09:

(n) the number of proposals so made that were disposed of during 2008-09 and the manner of their disposal:

4 Approved

APPENDIX 2 – APPLICATIONS RECEIVED AND PROPOSALS PREPARED 123 FOOD STANDARDS AUSTRALIA NEW ZEALAND

(o) the average time taken to dispose of proposals under each of Subdivisions D, E, F and H of Division 2 of Part 3 during 2008-09:

5 Months

(p) the average number of days that elapsed between the preparation of a proposal during 2008-09 under each of sections 55 and 81 and the commencement of the assessment of the proposal under section 59:

68 days

The number of proposals prepared under section 55 during a previous ﬁnancial year that the FSANZ had begun to assess under section 59 before the end 2008-09, but that the FSANZ had not disposed of before the end of 2008-09 and the period that elapsed since the proposal was prepared under section 55:

The number of proposals declared under section 95 to be urgent proposals during 2008-09:

(q) the number of applications made to the Administrative Appeals Tribunal during 2008-09 for review of decisions of FSANZ:

(r) the results of the applications made to the Administrative Appeals Tribunal that were determined during 2008-09:

N/A

(s) the number of standards made during 2008-09:

(t) the number of draft standards and draft variations approved during 2008-09 under each of the following:

(i) section 33:

(ii)section 41:

124 APPENDIX 2 – APPLICATIONS RECEIVED AND PROPOSALS PREPARED ANNUAL REPORT 2008-2009

(u) the number of occasions during 2008-09 when requests were made by the Council under Division 3 of Part 3 for a review of a draft standard or draft variation:

(v) the number of occasions during 2008-09 when a draft standard or draft variation was rejected by the Ministerial Council under Division 3 of Part 3:

N/A

(w) the number of occasions during 2008-09 when requests were made by the Council under Division 3 of Part 3 for a review of a standard or variation:

N/A

(x) the number of occasions during 2008-09 when a standard or variation was revoked or amended by the Ministerial Council under Division 3 of Part 3:

N/A

In relation to applications or proposals declared to be urgent under section 95, either in 2008-09 or in previous ﬁnancial years, the number which were disposed of under section 101 and the manner of their completion:

P1006 Standard re-afﬁrmed

In relation to applications or proposals declared to be urgent under section 95, either in 2008-09 or in previous ﬁnancial years, the number of occasions where disposal did not occur within 12 months of the date of effect of the publication of a standard under section 97:

(y) a summary of policy guidelines notiﬁed to FSANZ during 2008-09:

Nil

(z) such other matters (if any) as are speciﬁed in the Regulations:

Nil

APPENDIX 2 – APPLICATIONS RECEIVED AND PROPOSALS PREPARED 125 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Appendix 3 – FSANZ processes for assessing Applications

PLEASE NOTE:

On 1 July 2007, the Food Standards Australia New Zealand Act 1991 was amended. New procedures for the assessment of applications and proposals and mandatory format and information requirements for applications to FSANZ to amend the Australia New Zealand Food Standards Code came into effect on 1 October 2007. Applications received and proposals prepared before 1 October 2007 continue to be assessed under the ‘Old’ procedures. For any application received or proposal prepared from 1 October 2007, the ‘New’ procedures and application requirements apply.

Information on the new processes can be found on the FSANZ website at www.foodstandards.gov.au/standardsdevelopment/.

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 is generally at least one round 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 website.

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.

Copies of some public documents are available on our website. For access to all documents on our Public Register, contact FSANZ’s Standards Management Ofﬁcer in Canberra on (02) 6271 2280 or email [email protected].

126 APPENDIX 3 – FSANZ PROCESSES FOR ASSESSING APPLICATIONS ANNUAL REPORT 2008-2009

For more information about the detailed matters to do with food standards development contact FSANZ’s Standards Management Ofﬁcer in Canberra on (02) 6271 2280 or email [email protected].

The steps to amend the Food Standards Code are:

New Procedures

FSANZ has developed an Application Handbook which includes mandatory guidelines to assist potential applicants. FSANZ is able to reject an application on the basis that it has not met the mandatory information requirements set out in the Application Handbook.

The application requirements seek to address the shortcomings in the previous FSANZ Act which provided little guidance about application requirements. Applications received by FSANZ often do not contain sufﬁcient information to enable them to be properly assessed. This has often led to delays in assessments while FSANZ awaits further information from an applicant to enable an assessment to proceed.

The Application Handbook also includes information covering cost-recovery, conﬁdentiality, application templates and minimum data requirements to complete an assessment.

Administrative Assessment

The purpose of this assessment is to determine whether an application includes certain minimum mandatory requirements (as outlined in the Application Handbook) and the Procedure by which it should be assessed. Fees are payable after FSANZ has determined whether or not to accept the application and the assessment Procedure. FSANZ has 15 working days to complete this process. A report is prepared which is available to the public. An ‘early bird’ public notiﬁcation is subsequently made by FSANZ, advising of the acceptance of the application and its placement on the Work Plan. Proposals are treated in a similar fashion.

Procedures for the assessment of applications and proposals

General Procedure (Default) (9 months to complete assessment) – This Procedure is the default process for variations to a food regulatory measure and involves one round of public consultation. Most applications and proposals will be assessed under this Procedure.

Minor Procedure (3 months to complete assessment) – This Procedure applies to minor variations to food regulatory measures including, but not limited to, correction of a typographical error or minor editorial changes. It involves one round of limited consultation with government agencies only, and if relevant, affected parties.

APPENDIX 3 – FSANZ PROCESSES FOR ASSESSING APPLICATIONS 127 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Major Procedure (12 months to complete assessment) – This Procedure applies to the development of a new Standard or a major variation to a food regulatory measure involving such scientiﬁc or technical complexity that it is necessary to adopt this procedure in considering it or such a signiﬁcant change to the scope of the food regulatory measure that it is necessary to adopt this procedure to consider the application. This Procedure involves two rounds of public consultation.

Assessment

The purpose of this assessment is to determine whether to proceed to develop a food regulatory measure. FSANZ will then either prepare a draft food regulatory measure or variation or reject (in whole or part) the application, or abandon the proposal. In this assessment, FSANZ must have regard to the s.18 objectives (see below) and other relevant matters, including consideration of the beneﬁts vs. costs or alternatives. A report is prepared and publicly released for consultation Calls for public comment is made via the Food Standards Notiﬁcation Circular, email alerts to interested stakeholders and on our website.

The consultation process is undertaken in line with the Community Involvement Protocol and varied according to the nature of the application or proposal. If an application or proposal is being considered under the Major Procedure, the Assessment is carried out in two parts (1st and 2nd Assessments) with an additional round of consultation between. The 2nd Assessment Report includes proposed draft variations to the Code.

Approval

After the submission period, FSANZ must either approve, approve subject to amendment, or reject the draft standard or variation. FSANZ must have regard to all submissions made during the submissions period. A report is prepared containing the decision, reasons, submissions list, analysis of submissions, Regulatory Impact Statement and draft food regulatory measure or variation.

The report is publicly released. Advice on approvals is made via the Food Standards Notiﬁcation Circular, email alerts to interested stakeholders and on our website, as well as in the newspapers. The newspaper notices appear nationally in The Australian and in New Zealand, The New Zealand Herald.

128 APPENDIX 3 – FSANZ PROCESSES FOR ASSESSING APPLICATIONS ANNUAL REPORT 2008-2009

Old Procedures

Initial Assessment

The Initial Assessment stage involves the development of an Initial Assessment Report which, while providing some information to stakeholders, is used primarily to stimulate useful input from stakeholders by raising issues and asking questions.

Public submissions are invited through the Food Standards Notiﬁcation Circular, Food Standards News and email alerts to interested stakeholders and on our website.

The consultation process is undertaken in line with the Community Involvement Protocol and varied according to the nature of the application or proposal.

Draft Assessment

After considering any submissions, we make a Draft Assessment. To do this, we must take into account our statutory objectives under section 18 of the FSANZ Act and consider any relevant New Zealand standards and any other matters pertinent to the particular standard.

Section 18 Objectives

(a) The protection of public health and safety; and

(b) the provision of adequate information relating to food to enable consumers to make informed choices and

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.

(d) The promotion of fair trading in food.

(e) Any written policy guidelines formulated by the Ministerial Council and notiﬁed to FSANZ.

APPENDIX 3 – FSANZ PROCESSES FOR ASSESSING APPLICATIONS 129 FOOD STANDARDS AUSTRALIA NEW ZEALAND

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 for public comment. The Report is posted on our website 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.

More public consultation

After a standards amendment is drafted, a second round of public consultation 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, the Board considers whether or not to approve the proposed amendment to the Code and the reasons for the decision are included in a Final Assessment Report which is made publicly available. Advice on the Final Assessment is made via the Food Standards Notiﬁcation Circular, email alerts to interested stakeholders and on our website, as well as in the newspapers. The newspaper notices appear nationally in The Australian and in New Zealand, The New Zealand Herald.

Ministers consider approved food standards

Decisions on food standards, once approved by the FSANZ Board under either the New or Old Procedures, are notiﬁed to the Ministerial Council. Within 60 days of this notiﬁcation, any one jurisdiction on the Ministerial Council may ask FSANZ to conduct a First Review of the standards.

Alternatively, the Ministerial Council may inform FSANZ that it does not intend to request a review. In the latter case, the standards are gazetted in Australia and New Zealand and registered as legislative instruments and become law at the date speciﬁed in a public notice. Advice on gazettals is made via the Food Standards Notiﬁcation Circular, email alerts to interested stakeholders and on our website, as well as in the newspapers. The newspaper notices appear nationally in The Australian and in New Zealand, The New Zealand Herald.

If the Ministerial Council requests a review, FSANZ must conduct the review within three months (or a longer period if allowed by the Ministerial Council) and either re-afﬁrm the decision, with or without amendments to the standard, or withdraw its approval of the standard.

130 APPENDIX 3 – FSANZ PROCESSES FOR ASSESSING APPLICATIONS ANNUAL REPORT 2008-2009

Our decision is then notiﬁed to the Ministerial Council. The Ministerial Council, by a majority decision, may then, within 60 days, request a Second Review or decide a further review is not required. After a Second Review, the Ministerial Council may approve, amend or reject the standard.

If the Ministerial Council amends or does not amend the standard, the standards are gazetted in Australia and New Zealand and registered as legislative instruments and become law at the date speciﬁed in a public notice.

Once the amendment becomes law, it is the responsibility of State and Territory Governments and the New Zealand Ministry of Health to enforce the standard. AQIS is responsible for enforcing standards relating to imported food.

APPENDIX 3 – FSANZ PROCESSES FOR ASSESSING APPLICATIONS 131 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Appendix 4. External FSANZ committee members

FSANZ maintains a number of advisory committees, with members selected for their skills and knowledge, drawn from a wide range of industry, academia, consumer interests and government bodies. We gratefully acknowledge the contribution that the committee members below have made to the standard-development processes of the agency.

Advisory Group for Catering Operations

Ms Catherine Bass New South Wales Food Authority Lieutenant Colonel Dave Caldwell Department of Defence Lieutenant Peter Moy Department of Defence Ms Tenille Fort Department of Human Services, Vic Mr Brett Esbensen Department of Health, Qld Ms Eva Mehakovic Department of Health and Ageing Mr Mike Orchard New Zealand Food Safety Authority Ms Narelle Marro Department of Agriculture, Fisheries and Forestry Ms Usha Sriram-Prasad Department of Agriculture, Fisheries and Forestry Mr Barrie Paynter Department of Health, South Australia Mr Gary Smith Department of Human Services, Victoria Mr Vojkan Stefanovic ACT Health Ms Tracy Ward Department of Health and Community Services, NT Ms Sophie Williamson Department of Health, WA Mr Stan Goodchild Department of Health, WA Mr Anthony Ball ClubsAustralia Mr Jeremy Draper Australian Institute of Environmental Health Mr John Hart Restaurant and Catering Australia Mr Bill Healey Australian Hotels Association Ms Margaret Kearney ClubsVictoria Ms Lisa Murray Catering Institute of Australia Ms Maureen Wilson Spotless Services Limited Ms Hean Bee Wee National Council of Women of Australia Advisory Group for Dietary Exposure Assessment

Dr Raj Bhula Australian Pesticides and Veterinary Medicines Authority Mr Mark Cooper-Stanbury Australian Institute of Health and Welfare Mrs Beverley Cumming Goodman Fielder (NZ) Ms Clare Hughes CHOICE

132 APPENDIX 4 – EXTERNAL FSANZ COMMITTEE MEMBERS ANNUAL REPORT 2008-2009

Mr Kim Leighton Australian Food and Grocery Council Dr Jason Lutze Australian Pesticides and Veterinary Medicines Authority Ms Sally Mackay New Zealand Ministry of Health Ms Narelle Marro Department of Agriculture, Fisheries and Forestry Associate Professor Winsome Parnell University of Otago Mr David Roberts New Zealand Food Safety Authority Ms Bronia Rowe Department of Health and Ageing Ms Jennifer Savenake Department of Health and Human Services, TAS Dr Pieter Scheelings Queensland Health Forensic and Scientiﬁc Services Prof Wayne Smith Department of Health, NSW Dr Lisa Szabo New South Wales Food Authority Dr Richard Vannoort Environmental Science and Research Dr Karen Webb University of Sydney

Advisory Group for Food Composition

Dr Jayashree Arcot University of New South Wales Dr Geoffrey Annison Australian Food and Grocery Council Mr Paul Armishaw National Measurement Institute Ms Jane Barnes Foodsense Ms Annette Byron Dietitians’ Association of Australia Professor Lynne Cobiac Flinders University Ms Marjolein Collins Home Economic Association Ms Vicki Deakin University of Canberra Ms Veronique Droulez Meat and Livestock Association Dr Andreas Dubs Australian Chicken Meat Federation Mr Chester Goodsell Xyris Software (Australia) Pty Ltd Dr Heather Greenﬁeld University of Sydney, UNSW Dr Russell Keast Deakin University Dr Lucy Lesperance Crop and Food Research, NZ Ms Anne-Marie Mackintosh Heart Foundation Dr Peter Nichols CSIRO Food Futures Flagship Dr Yasmine Probst University of Wollongong Mr David Roberts New Zealand Food Safety Authority Dr Pieter Scheelings Queensland Health Dr Andrew Sinclair Deakin University Dr Craige Trenerry Department of Primary Industries Ms Julie Woods Monash University

APPENDIX 4 – EXTERNAL FSANZ COMMITTEE MEMBERS 133 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Consumer Liaison Committee

Ms Belinda Allan Consumers’ Institute of New Zealand Inc Ms Jenni Butterworth Consumer Ms Eileen Clark Consumer Ms Anita Gatley Holiday Shoppe Takapuna Ms Clare Hughes Choice Dr Erin O’Connor Queensland University of Technology Mr Hayden Potaka Te Kaahui o Rauru Ms Vicki Potter Consumer Mr Mark Robinson Australian Taxation Ofﬁce Mr George Seymour-Dearness Consumer Ms Heather Tate Consumer Ms Sharon Thorpe Aboriginal Community Controlled Health Ofﬁce, Vic Ms Nicole Turner Durri Aboriginal Corporation Medical Service Ms Hean Bee Wee National Council of Women Australia

Jurisdictional Forum

Mr Gary Bielby Queensland Health Mr Victor Di Paola Department of Human Services, Vic Mr Chris Etherton Department of Primary Industry and Resources, SA Ms Tenille Fort Queensland Health Dr Nora Galway Australian Quarantine and Inspection Service Ms Eva Mehakovic Department of Health and Ageing Mr Bill Porter New South Wales Food Authority Ms Jenny Reid New Zealand Food Safety Authority Ms Jennifer Savenake Department of Health and Human Services, Tas Ms Usha Sriram-Prasad Department of Agriculture, Fisheries and Forestry Ms Emily White Department of Health, SA Retailers and Manufacturers Liaison Committee

Dr Geoffrey Annison Australian Food and Grocery Council Mr Tony Beaver Food and Beverage Importers’ Association Dr Roger Bektash Mars Food Australia Mrs Tracie Brady Department of Agriculture, Fisheries and Forestry Mrs Yvette Dethridge Australian Quarantine & Inspection Service Ms Kirsten Grinter Nestlé Australia Ltd Ms Jackie Healing Coles Supermarkets Mr Barry Hellberg New Zealand Retailers Association

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Mr Ken Henrick National Association of Retail Grocers of Australia Ms Melissa Hodd Foodstuffs (NZ) Ltd Mr Ed Klim Department of Agriculture, Fisheries and Forestry Mr Kim Leighton Australian Food and Grocery Council Ms Janet Macdonald Goodman Fielder Ms Catherine McVitty Woolworths Supermarkets Ms Eva Mehakovic Department of Health and Ageing Ms Julie Newlands Unilever Australasia Mr Steven Newton Metcash Trading Ltd Mrs Susan Pragassen Progressive Enterprises Ltd Ms Stephanie Rajczyk Nestlé Australia Ltd Ms Linda Ralph Mars Food Australia Ms Katherine Rich New Zealand Food and Grocery Council Ms Nadene Smith Woolworths Supermarkets Dr Robert Solomon Department of Agriculture, Fisheries and Forestry Ms Usha Sriram-Prasad Department of Agriculture, Fisheries and Forestry Mr BenjaminWard ALDI Stores Ms Barbara Waugh Department of Agriculture, Fisheries and Forestry

Scientiﬁc Advisory Group for Epidemiology

Professor Graham Giles Cancer Council of Victoria Professor Neil Pearce Massey University Associate Professor Damien Jolley Monash University

Scientiﬁc Advisory Group for Folate

Professor Carol Bower Telethon Institute for Child Health Research Ms Ingrid Coles-Rutishauser Coles and Rutishauser Consultants Dr Vicki Flood University of Sydney Dr Tim Green University British Columbia, Canada Dr Mark Lucock University of Newcastle Associate Professor Tim Wilkinson PrincessMargaret Hospital, Christchurch Dr Fiona Cumming (observer) Therapeutic Goods Administration Professor C. Murray Skeaff (observer) University of Otago Ms Ursula Egan (observer) New Zealand Food Safety Authority

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Scientiﬁc Advisory Group for Infant and Child Health

Associate Professor Peter Davies University of Queensland Dr Pat Tuohy New Zealand Ministry of Health Dr Clare Wall University of Auckland Associate Professor Maria Makrides Child Health Research Institute Associate Professor Mimi Tang Royal Children’s Hospital Associate Professor Tony Catto-Smith Royal Children’s Hospital Prof Paul Mitchell Westmead Hospital

Scientiﬁc Advisory Group for Iodine

Professor Basil Hetzel Women’s and Children’s Hospital, Adelaide International Council for Control of Iodine Deﬁciency Disorders Professor Creswell Eastman International Council for Control of Iodine Deﬁciency Disorders Professor Aidan McElduff Royal North Shore Hospital; University of Sydney Professor Brian Priestly Monash University; Australian Centre for Human Health Risk Assessment Dr Sheila Skeaff University of Otago Dr Michael Croxson Auckland City Hospital Dr Fiona Cumming Therapeutic Goods Administration Dr Geoff Marks University of Queensland Ms Jenny Reid (observer New Zealand Food Safety Authority

Scientiﬁc Advisory Panel for Dairy

Mr Steve Rice Dairy Authority of South Australia Mr Doug Eddy Dairy Food Safety Victoria Dr Roger McBean Consultant/Parmalat Australia Dr Martyn Kirk Department of Health and Ageing/OzFoodNet Dr Patricia Desmarchelier Consultant Dr Rod Dyson Countdown Downunder Mr Neil Willman Consultant Cheesemaker Dr Jenny Robertson Consultant/National Foods Mr John O’Regan Murray Goulburn Co-op Ltd Dr Robin Condron Dairy Australia Mr Les Hammond Consultant Cheesemaker Dr Peter Van der Logt New Zealand Food Safety Authority

136 APPENDIX 4 – EXTERNAL FSANZ COMMITTEE MEMBERS ANNUAL REPORT 2008-2009

Scientiﬁc Advisory Panel for Eggs

Mr Glen Abbott Farm Pride Dr Peter Scott Scolexia Pty Ltd Dr Mark Veitch University of Melbourne Associate Professor Julian Cox University of New South Wales Mr Bernie Davis Consultant Ms Sharon Wagener New Zealand Food Safety Authority Science Network Forum

Mr John Bates Queensland Health Ms Joanne Bobbitt Department of Primary Industries, Vic Ms Nola Cafﬁn Queensland Health Ms Charlotte Channer New Zealand Food Safety Authority Dr James Chin Department of Primary Industries, NSW Ms Julia Clarke New Zealand Food Safety Authority Ms Erica Clifford Department of Human Services, Vic Dr Roger Cook New Zealand Food Safety Authority Dr Paul Dansted New Zealand Food Safety Authority Ms Candy D’Menzie-Bunshaw Department of Human Services, Vic Dr Chris Etherton Department of Primary Industries and Resources, SA Ms Angela Gaw Department of Primary Industries, Vic Ms Janet Goodman New Zealand Food Safety Authority Dr Heather Haines Department of Primary Industries, Vic Mr David Harris Department of Health, WA Dr Michael Hornitzky Department of Primary Industries, NSW Mr Edward Jansson New South Wales Food Authority Ms Leah Magee Department of Health and Community Services, NT Dr Ian McKay Department of Health and Ageing Mr Russell McMurray Department of Primary Industries, Vic Mr Steve Munyard PathWest Laboratory Medicine Mr Terry Oughtred Department of Human Services, Vic Professor Brian Priestly Monash University Dr John Reeve New Zealand Food Safety Authority Ms Jenny Reid New Zealand Food Safety Authority Ms Jenny Savenake Department of Health and Human, Tas Dr Pieter Scheelings Queensland Health and Scientiﬁc Services Ms Judy Seal Department of Health and Human Services, Tas Ms Catherine Seamer New Zealand Food Safety Authority Ms Kathleen Shaw Department of Health and Human Services, Tas

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Dr Wayne Smith New South Wales Health Dr Fay Stenhouse Department of Agriculture, Fisheries and Forestry Dr Lisa Szabo New South Wales Food Authority Ms Agnes Tan University of Melbourne Mr Roger Toffolon Department of Primary Industries, NSW Mr John van den Beuken New Zealand Food Safety Authority Mr Paul Vanderlinde Department of Agriculture, Fisheries and Forestry Ms Sophie Williamson Department of Health, WA

Social Sciences Expert Advisory Group

Professor Chris Ryan University of Waikato Management School Professor Carlene Wilson Cancer Council of South Australia; Flinders University Dr Phil Mohr CSIRO Human Nutrition Professor David de Vaus La Trobe University Associate Professor John Coveney Flinders University Professor Elspeth Probyn University of South Australia Associate Professor Ken Reed Deakin University Professor Richard Shepherd University of Surrey, UK Professor John Cary Institute of Sustainability and Innovation, Victoria University

Stakeholder Advisory Group for Evaluation

Ms Eva Mehakovic Department of Health and Ageing Mr Mark Phythian Australian Quarantine and Inspection Service Ms Usha Sriram-Prasad Department of Agriculture, Fisheries and Forestry Ms Barbara Waugh Department of Agriculture, Fisheries and Forestry Mr Ed Klim Department of Agriculture, Fisheries and Forestry Mr Kim Leighton Australian Food and Grocery Council Ms Claire Hughes Choice Ms Nerida Bellis-Smith Dietitians’ Association of Australia Ms Annette Byron Dietitians’ Association of Australia Ms Carole Inkster New Zealand Food Safety Authority Margaret Brooker New Zealand Food Safety Authority Ms Ursula Egan New Zealand Food Safety Authority Ms Brenda Cutress New Zealand Food and Grocery Council Ms Belinda Allan New Zealand Consumers’ Institute Dr John Huckerby Power Projects Limited and FSANZ Fellow

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Standard Development Advisory Committee for Health Claims

Ms Olivia Lawton Department of Health and Ageing Ms Usha Sriram-Prasad Department of Agriculture, Fisheries and Forestry Dr Fiona Cumming Therapeutic Goods Administration Ms Joanne Riddiford Australian Competition and Consumer Commission Ms Yvette Popovic New Zealand Commerce Commission Ms Jenny Reid New Zealand Food Safety Authority Ms Janet Goodman New Zealand Food Safety Authority Mr Michael Apollonov New South Wales Food Authority Dr Fay Jenkins Department of Human Services, SA Ms Claire Hughes Choice Dr Rosemary Stanton OAM Coalition for Health Food Supply Ms Belinda Allan New Zealand Consumers’ Institute Mrs Katherine Rich New Zealand Food and Grocery Council Mr Kim Leighton Australian Food and Grocery Council Ms Juliet Seif Australian Self-Medication Industry Dr Mark Lawrence Public Health Association of Australia Mr Alan Barclay Dietitians’ Association of Australia Dr Gay Keating Public Health Association of New Zealand Ms Josie Hill Australian Medical Association Dr Tony Lewis Complementary Healthcare Council of Australia Standard Development Committee for Dairy (Raw Milk Products)

Dr Anne Astin Dairy Food Safety Victoria Mr Bill Calder Western Australian Department of Health Dr Scott Crerar New Zealand Food Safety Authority Ms Narelle Marro Department of Agriculture Fisheries and Forestry Mr Phil Pond Safe Food Production Qld Ms Jane Raupach Department of Health, SA; OzFoodNet Mr Steve Rice Dairy Authority of South Australia Mr Peter Sutherland New South Wales Food Authority Ms Slava Zeman Australian Quarantine and Inspection Service Mr Doug Eddy Dairy Food Safety Victoria Dr Jenny Robertson Consultant Mr Neil Willman Cheese Expertise Ms Karen Armitage Dairy Australia Mr Tony Beaver Food and Beverage Importers Association Ms Helen Dornom Dairy Australia Mr Ross Greenaway Murray Goulburn Co-Op Ltd

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Mr Wes Judd Queensland Dairy Farmers Dr Roger MacBean Consultant Mr John O’Regan Murray Goulburn Co-Op Ltd Mrs Denise Riches Goat Industry Council of Australia Mrs Lesley Young Country Women’s Association of Australia

Standard Development Committee for Eggs and Egg Products

Mr Bill Calder Department of Health, WA Dr Margaret Darton Department of Primary Industries, Vic Mr Glen Martin Department of Human Services, SA Mr Paul Dowsett Department of Primary Industries and Resources, SA Ms Karen Krist New South Wales Food Authority Mr Jason March Department of Primary Industries and Water, Tas Ms Usha Sriram-Prasad Department of Agriculture, Fisheries and Forestry Mr Phil Pond SafeFood Queensland Ms Kathleen Shaw Department of Health and Human Services, Tas Mr Russell Stafford OzFoodNet, Department of Health and Ageing Ms Sharon Wagener New Zealand Food Safety Authority Ms Tracy Ward Department of Health and Community Services, NT Mr Ian Lyall Australian Quarantine and Inspection Service Mr Glenn Abbott Farm Pride Pty Ltd, Victoria Ms Christene Cantarella McLean Farms, Queensland Mrs Ivy Inwood Free Range Egg & Poultry Association of Australia; Queensland Egg Farmers Association Inc Mr James Kellaway Australian Egg Corporation Ltd Ms Azadeh Laghai SunnyQueen Pty Ltd Mr Paul Maher Pace Farm Pty Ltd Mrs Meg Parkinson Victorian Farmers Federation, Free Range Egg and Poultry Australia Ltd Mr Paul Pace New South Wales Farmers Federation Dr Peter Scott University of Melbourne; Scolexia Mr Con Tamvakis Micro-Range Farmers Association Mr Steven Todd Southern Egg Pty Ltd Ms Mandy Tyack Golden Egg Farms Ms Rachelle Williams FSANZ Consumer Liaison Committee

140 APPENDIX 4 – EXTERNAL FSANZ COMMITTEE MEMBERS ANNUAL REPORT 2008-2009

Standard Development Committee for Meat and Meat Products

Dr John Dorian Australian Meat Industry Council Mr Dougal Gordon Australian Lot Feeders Association Mr Allan Bloxsom Meat and Livestock Australia Limited Ms Kate Joseph Sheepmeat Council of Australia Mr Wesley Judd Australian Dairy Farmers Limited Dr Patricia Mitchell Australian Pork Ltd Mr Tim Juzefowicz Australian Renderers’ Association Inc Mr Michael Mulligan Australian Game Meat Producers Association Mr Robert Parkes Stockfeed Manufactures’ Council of Australia Ms Denise Riches Goat Industry Council of Australia Mr David Inall Cattle Council of Australia Mr Peter Merrell Australian Quarantine and Inspection Service Mr Ed Klim Department of Agriculture, Fisheries and Forestry (also representing SAFEMEAT) Dr Barbara Wilson SafeFood Queensland Mr Stan Goodchild Department of Health, WA Dr David Miles New South Wales Food Authority Mr Brian Casey PrimeSafe, Vic Mr Brian Jones Department of Health and Community Care, ACT Mr Chris Lyall Department of Primary Industries and Water, Tas Mr Geoff Raven Department of Primary Industries and Resources, SA Ms Judy Barker New Zealand Food Safety Authority Mrs Lesley Young Country Women’s Association of Australia Standard Development Committee for Poultry Meat

Mr Chris Lyall Department of Primary Industries and Water, Tas Mr Brian Casey PrimeSafe, Vic Dr David Miles New South Wales Food Authority Mr Phil Pond Safe Food Production Queensland (Mr Kerry Bell – Proxy) Safe Food Production Queensland Mr Martyn Kirk Department of Health and Ageing Ms Narelle Marro Department of Agriculture, Fisheries and Forestry Mr Stan Goodchild Department of Health, WA Mr Geoff Raven Department of Primary Industries and Resources, SA (Dr. Margaret Sexton – Proxy) Department of Primary Industries and Resources, SA Mr Karl Fraser Game Farm Pty Ltd Mr John Houston Pepe’s Duck Pty Ltd Mr Tony Pavic Baiada Poultry Pty Limited

APPENDIX 4 – EXTERNAL FSANZ COMMITTEE MEMBERS 141 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Dr Andreas Dubs Australian Chicken Meat Federation Dr Margaret Mackenzie Inghams Enterprises Pty Limited Mr Gary Sansom Australian Chicken Growers’ Council Ms Megan McGhie Bartter Steggles Ms Clare Hughes Choice

Standard Development Committee for Seed Sprouts

Ms Catherine Bass New South Wales Food Authority Mr Bill Calder Department of Health, WA (Mr Stan Goodchild – Proxy) Department of Health, WA Mr Paul Dowsett Department of Primary Industries and Resources, SA Ms Katie Fullerton Dept of Health and Ageing Ms Kira Goodall Department of Primary Industries, Vic Dr Olivia McQuestin Department of Health, Tas Mr Phil Pond Safe Food Production Queensland (Mr Brain Witherspoon – Proxy) Safe Food Production Queensland Ms Usha Sriram-Prasad Department of Agriculture, Fisheries and Forestry (Ms Narelle Marro – Proxy) Department of Agriculture, Fisheries and Forestry Ms Marion Castle New Zealand Food Safety Authority Mr Richard Bennett Horticulture Australia Limited Mr Andrew Boundy Australian Mungbean Association Mr Alan Davey Rural Industry Research and Development Corporation Ms Michele van der Sander Parilla Fresh Ms Patricia Donald Healthy Sprout Company Mr Stephen Donnelly Grain Research and Development Corporation Ms Alison Gallagher Woolworth Limited Mr Will Golsby Australian Seed Federation (Mr Tim Teague - Proxy) Australian Seed Federation Dr Andreas Klieber Coles Supermarkets Mr Andrew Phin Booborowie Seed Pty Ltd (Mrs Michele Phin – Proxy) Booborowie Seed Pty Ltd Mr James Rattray Flowerdale Sprout Farm Mr Rob Sanders Lucerne Australia Mr George Seymour-Dearness Consumer

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Appendix 5 - Financial Statements

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Appendix 6 – Functions and powers

Food Standards Australia New Zealand is a statutory authority established by 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 of the Australian Government and, on day- to-day matters, is accountable to the Parliamentary Secretary to the Minister for Health and Ageing, the Hon. Mark Butler, MP.

Sections 13 and 14 of the Act state:

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

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(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

(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

(b) does not authorise the Authority to do something that would impede the Authority’s capacity to perform its other functions.

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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

(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 7 – 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 Pty Ltd at http://www.anstat.com.au/legislation/ or on 03 9278 1144.

Title Description

A guide to meeting the standard drink-labeling This guide is to assist alcoholic beverage manufacturers requirement for alcoholic beverages 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.

Allergen Cards Allergen information cards for egg, soy, wheat, peanuts, sesame, tree nuts, ﬁsh, shellﬁsh and milk developed by Anaphylaxis Australia with funding from FSANZ and the NSW Food Authority.

Annual Report A report to the Australian Parliament on FSANZ’s activities for the year. Annual publication

AUSNUT 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. First published 1999. Contact the Information Officer for more information.

Australia New Zealand Food Standards Code This document contains food standards (regulations) that apply to food businesses in Australia and New Zealand. Compliance with the standards is mandatory. Available in loose-leaf form by subscription from Anstat and from website free-of-charge.

Australian Total Diet Study (formerly the Australian This study monitors pesticide and contaminant residues Market Basket Survey) present in food and estimates their intake in the diets of Australians. FSANZ uses this information when developing food standards. 19th ATDS published April 2001 20th ATDS published January 2003 21st ATDS Latest edition released August 2005

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Title Description

Choosing the Right Stuff - the ofﬁcial shoppers’ Available from Murdoch Books or from major booksellers, guide to food additives and labels, kilojoules and newsagents or supermarkets fat content. May 2007

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.

Corporate Plan The corporate plan sets out FSANZ’s strategic directions over a three-year period. Latest edition 2009-2012. Printed August 2009.

Equivalence: Guidelines for determining the Guidelines drafted by FSANZ for determining the equivalence of food safety measures equivalence of food safety measures in a consistent and transparent manner. Published May 2002. Updated and published November 2003

Evaluating beneﬁts and costs of food regulation: a A study examining the feasibility of developing an scoping study econometric model that would quantify the impact of food regulation on the economy Published March 2002

Food safety general fact sheets For business and enforcement agencies. • New Food Safety Standards for Australia Published May 2001. • Food Safety Standard 3.1.1 Interpretation and Updated June 2004. Application Also available from States and Territories • 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

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Title Description

Food safety facts sheets for charities and Easy to use fact sheets for charities and community community organisations 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

Feedback and complaints A brochure explaining our feedback and complaints process. Published April 2001

Folic Acid and Pregnancy brochure A brochure for women planning pregnancy about the need to consume folic acid. Printed June 2006

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, September 2008

Food labels: What do they mean? (Poster) A full colour A2 poster explaining the changes to food labels. First published October 2001. Print reruns 2002, 2003, 2004. Updated 2007.

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.

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Title Description

Food Safety Standards Booklet Chapter 3 of the Australia New Zealand 3.1.1, 3.2.2, 3.2.3 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 at 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.

Food Safety Standards for Food Businesses in Brochure outlining the three food safety standards that Australia 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-use tools for Food Safety Program Tools 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 interpretation of examination of ready-to-eat foods microbiological analyses of foods. Published December 2001.

Food Safety: Skills and knowledge for food Booklet on skills and knowledge requirement of Food businesses Safety Standard 3.2.2. Published March 2002.

Food Safety: Temperature control of potentially Booklet on the temperature control requirements of hazardous foods standard 3.2.2. Published April 2002.

Food Safety: The priority classiﬁcation system for A risk based system designed to classify food businesses food 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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Title Description

Food Standards News A quarterly newsletter about the key issues and signiﬁcant projects undertaken by FSANZ. First published as ANZFA News May 1998. Published as Food Standards News from Feb 2001. Available by email,.

Food Surveillance News A quarterly publication co-coordinating microbiological and other food safety studies from the States and Territories First published Spring 2001. Available by email.

FSANZ Evaluation Strategy Outlines the strategy for undertaking a scientiﬁc and 2004 – 2008 technical evaluation of new key food regulatory measures developed by Food Standards Australia New Zealand (FSANZ). Published May 2004.

GM Foods FSANZ’s safety assessment process for genetically modiﬁed foods Replaces previous publication ‘GM foods and the Consumer’ (2000) Published June 2005; Released August 2005

Listeria and Food brochure. An easy-to-read brochure which explains how to reduce the risk of contracting the Listeria infection – speciﬁcally advice for people at risk – pregnant women, their unborn and newborn children, older people (65 years and older), or the immuno-compromised. The brochure sets out foods which are safe and those at ‘higher risk’ of Listeria contamination. This brochure replaces the Listeria and Pregnancy brochure released in June 2001. Printed July 2004 Reprinted June 2005.

Listeria Recall Guidelines for Packaged Ready-to- Recall Guidelines for Packaged Ready-to-eat foods found Eat foods to contain L. monocytogenes. Published April 2001.

Mercury in Fish brochure and fact sheet Mercury in fish brochure contains information on the recommended portions of fish that should be consumed by various sectors of the population. Further Information fact sheet also provides more detailed information on the consumption of certain species of fish. Published March 2004.

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Title Description

NUTTAB NUTTAB 2006 is an updated food composition publication containing data on the nutrient content of foods available in Australia.

Nutrition information panel calculator A database to allow industry to calculate NIPs Released August 2001.

Public Health and Safety of Poultry Meat in This Explanatory Summary provides an overview of the Australia Scientiﬁc Assessment of the Public Health and Safety of Poultry Meat in Australia undertaken by Food Standards Australia New Zealand (FSANZ). Published 2006

The Analysis of Food-Related Health Risks Publication providing information on the risk analysis process used by FSANZ to identify, assess and manage food-related health risks within a structured framework. February 2009

Safe Food Australia 2nd Edition January 2001 (A This book contains Chapter 3 of the Australia New Zealand Guide to the Food Safety Standards) 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 safety of the Expert Working Group dietary sources of caffeine. Published June 2000.

Scientiﬁc Evaluation of Pasteurisation for Pathogen Published May 2007. Reduction in Milk and Milk Products

Science Strategy 2006-09 Published 2006

Service Charter A pamphlet to describing FSANZ’s role and commitment to service. Published May 2004

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Title Description

Food Safety Technical Fact Sheets A series of fact sheets for food businesses. • Food handling skills and knowledge Food The Food Safety Fact Sheets are also available (website business notiﬁcation requirement Health and only) in the following languages: Arabic, Cambodian, hygiene: Responsibilities of food handlers Chinese, Croatian, Greek, Hindi, Italian, Indonesian, Macedonian, Serbian, Spanish, Filipino/Tagalog, Thai, • Health and hygiene: Responsibilities of food Turkish and Vietnamese. businesses Published May 2001 • Receiving food safely • Food recall systems for unsafe foods • Thermometers and using them with potentially hazardous food • Temperature control requirements

Technical Report Series A series of scientiﬁc and technical papers. 1. Phomopins in Food: Toxicological Review and Technical Series 1 – 14, published March 2002. Risk Assessment Technical Series 15 - 27, published June 2003 2. Pyrrolizidine Alkaloids in Food: A Toxicological Technical Series 27 – 34, published 2004 Review and Risk Assessment Technical Series 35, published June - December 2004 3. Lupin Alkaloids in Food: A Toxicological Review and Risk Assessment Technical Series 36, published January 2006 4. Food Derived from High Oleic Acid Soy Technical Series 37 – 43, published June 2006 Bean Lines G94-1, G94-19 and G168: A Technical Series 44, published March 2007 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, ATBT04, ATBT04-36, SPBT02-05: A Safety Assessment

APPENDIX 7 – CURRENT PUBLICATIONS 183 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Title Description

Technical Report Series (cont’d) A series of scientiﬁc and technical papers. 12.Food Derived from Insect and Potato Leafroll Technical Series 1 – 14, published March 2002. Virus Protected (New leaf R plus) Potato Lines Technical Series 15 - 27, published June 2003 RBMT21-129, RBMT21-350, RBMT22-83: A Safety Assessment Technical Series 27 – 34, published 2004 13.Food Derived from Insect and Potato Virus Technical Series 35, published June - December 2004 Y-Protected (New Leaf R Y) Potato Lines Technical Series 36, published January 2006 RBMT15-101, SEMT15-02, SEMT15-16: A Safety Assessment Technical Series 37 – 43, published June 2006 14.Shellﬁsh Toxins in Food: A Toxicological Review Technical Series 44, published March 2007 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

184 APPENDIX 7 – CURRENT PUBLICATIONS ANNUAL REPORT 2008-2009

Title Description

Technical Report Series (cont’d) A series of scientiﬁc and technical papers. 28.Cyanogenic Glycosides in Cassava and Technical Series 1 – 14, published March 2002. Bamboo Shoots: A Human Health Risk Technical Series 15 - 27, published June 2003 29.D-Tagatose: A Human Health Risk Assessment Technical Series 27 – 34, published 2004 30.Kava: A Human Health Risk Assessment Technical Series 35, published June - December 2004 31.Nitrofurans in Prawns: A Toxicological Review Technical Series 36, published January 2006 and Risk Assessment Technical Series 37 – 43, published June 2006 32.Food derived from Insect-Protected and Glufosinate-Ammonium tolerant Corn Line Technical Series 44, published March 2007 1507: A Safety Assessment 33.Food derived from Glufosinate Ammonium Tolerant Soybean Lines A2704 -12 and A5547 -127: A Safety Assessment 34.Food derived from Insect-Protected Mon863 Corn: A Safety Assessment 35.Association between Johne’s Disease and Crohn’s Disease: A Microbiological 36.Evaluation of the risks to human health from the consumption of food products derived from cerids affected by chronic wasting disease 37.Food derived from glyphosate-tolerant sugar beet line H7-1: A Safety Assessment 38.Food derived from insect-protected cotton line COT102: A Safety Assessment 39.Food derived from insect-protected, glufosinate ammonium-tolerant corn line DAS-59122-7: A Safety Assessment 40.Food derived from insect-protected, glufosinate ammonium-tolerant cotton line MXB13: A Safety Assessment 41.Food derived from glusfosinate ammonium tolerant cotton line LL25: A Safety Assessment 42.Ice structuring protein as a processing aid in ice cream and edible ices: A Safety Assessment 43.Dioxins in Seafood from Sydney Harbour A Revised Assessment of the Public Health and Safety Risk 44.Dioxins in Prawns and Fish from Sydney Harbour - An Assessment of the Public Health and Safety Risk(updated)

APPENDIX 7 – CURRENT PUBLICATIONS 185 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Title Description

The National Food Business Notiﬁcation System A paper developed by the National Food Business – Information for State and Local Governments Notiﬁcation System Working Group, coordinated by ANZFA/FSANZ. Published June 2001.

User guides: FSANZ Guidelines to assist industry and enforcement agencies with the interpretation and application of the 1. Overview of Food Labelling joint code. 2. Legibility Requirements for Food Labels Published July 2001. 3. Information Requirements for Foods Exempt Available in loose-leaf form by subscription from Bearing a Label from Anstat 4. Warning and Advisory Declarations 5. Ingredient Labelling 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.Flavourings and flavouring enhancers 15.Safe Food Australia 16.Country of Origin Labelling of Food. A Guide to Standard 1.2.11 – Country of Origin Requirements (Australia Only) 17.Safe Seafood Australia 18.Food Safety Programs - A guide to Standard 3.2.1 Food Safety Programs 19.A guide to Standards 3.3.1 - Food Safety Programs for Food Service to Vulnerable Persons Mandatory Iodine Fortification User Guide 20.Mandatory Folic Acid Fortification User Guide’ 21.guide to Standard 4.2.4 -Primary Production and Processing Standard for Dairy Products -Part 1: Dairy Primary Production Requirements 22.Part 2: Dairy Collection and Transport Requirements 23.Part 3: Dairy Processing

186 APPENDIX 7 – CURRENT PUBLICATIONS ANNUAL REPORT 2008-2009

Title Description

Evaluation Report Series A series of scientiﬁc and technical papers. 1. National Food Handling Benchmark Survey - Evaluation Series 1 & 2, published December 2001. Documents research on the awareness and knowledge Evaluation Series 3, published June 2002. of safe food handling practices and actual food handling practices by food businesses within Australia. Evaluation Series 4, published June 2003. 2. Survey Report: Food Labelling Issues: Qualitative Evaluation Series 5 & 6, published July 2003. Research with Consumers - Qualitative research on Evaluation Series 7 – 9, published February 2004. labelling issues. Evaluation Series 10, published February 2005. 3. Food Labelling Issues: Qualitative research with stakeholders other than consumers - Qualitative Evaluation Series 11, published June 2005. research on labelling issues. Evaluation Series 12, published 2005. 4. Consumer Food Labelling survey - Quantitative Evaluation Series 13, published September 2005. research on labelling issues, Includes CD with Evaluation Series 14, published October 2005. PowerPoint presentation of results. Printed June 2003 Evaluation Series 15, published May 2006. 5. Food Labelling Issues: Qualitative consumer study Evaluation Series 16, published October 2006. related to food-type dietary supplement labelling - A study conducted to gain qualitative information on food-type dietary supplement labelling from consumers to assist FSANZ in the future development and review of food labelling standards, codes of practice and guidelines. 6. Food Labelling Issues: Qualitative consumer study related to nutrition content claims on food labels - A study conducted to gain qualitative information on nutrient content claims on food labels from consumers to assist FSANZ in the future development and review of food labelling standards, codes of practice and guidelines. 7. Food Labelling Issues: Quantitative consumer survey related to allergen labelling on food products - Allergen Labelling Standard, an assessment of the impact on consumers. 8. Quantitative research into the consumption of intense sweeteners in the Australian and New Zealand Populations - Food Additive Standards, an assessment of the impact on consumers. Published February 2004. 9. Food Labelling Issues: Qualitative consumer study related to food labelling of infant foods - Food Standards Australia New Zealand (FSANZ) has undertook a review (Proposal P274) of the minimum age labelling so that infant food labelling reﬂects the revised Australian guidelines, and also takes into account New Zealand policy. Published February 2004.

APPENDIX 7 – CURRENT PUBLICATIONS 187 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Title Description

Evaluation Report Series (cont’d) A series of scientific and technical papers. 10. Food Labelling Monitoring Survey: Phase 1 Pilot Evaluation Series 1 & 2, published December 2001. Report (Incorporating Stages 1 and 2) - As part of the Evaluation Series 3, published June 2002. FSANZ Evaluation Strategy 2001-2003, a Food Label Monitoring Survey was initiated in mid 2002 with the Evaluation Series 4, published June 2003. intention of developing an ongoing monitoring system Evaluation Series 5 & 6, published July 2003. for food labels. Evaluation Series 7 – 9, published February 2004. 11. Benchmark Research of the Poultry Industry - FSANZ have identified the need for benchmark data on Evaluation Series 10, published February 2005. awareness, knowledge and behaviour of poultry meat Evaluation Series 11, published June 2005. businesses, government enforcement officers and Evaluation Series 12, published 2005. consumers in relation to food safety issues. Evaluation Series 13, published September 2005. 12. Food Labelling Issues: Qualitative research on participants’ perceptions and use of nutrition, health Evaluation Series 14, published October 2005. and related claims on packaged foods and associated Evaluation Series 15, published May 2006. advertising material Evaluation Series 16, published October 2006. 13. Food Labelling Issues: Quantitative research on consumers’ perceptions and use of nutrition, health and related claims on packaged foods - This research project collected baseline data from consumers before Standard P293 for nutrition, health and related claims was finalised and will be useful both for the development of the standard and for future evaluation purposes. 14. Food Labelling Issues: On-going Food Label Monitoring Survey in Australia and New Zealand - Report on the re-assessment of 2003 labels for nutrition, health and related claims ( Phase 2, Part C) 15. Benchmark research on the impact of labelling and compositional standards in the Australia New Zealand Food Standards Code on Food Industry, Enforcement Agencies and Health Professionals - The study aimed to evaluate how appropriate the labelling and compositional standards in the new Code were with respect to the needs of stakeholders that were identified in the review of the old regulations in respect to a food regulation system. 16. Report on the Assessment of 2005 Labels for Nutrition, Health and Related Claims - Label monitoring surveys have been commissioned by FSANZ since 2002 to assess how food manufacturers are managing key labelling requirements set out in the Australia New Zealand Food Standards Code (the Code). Correct labelling is considered an important means for FSANZ to achieve one of its objectives of ensuring consumers have adequate information on food labels to assist them to make an informed choice.

188 APPENDIX 7 – CURRENT PUBLICATIONS ANNUAL REPORT 2008-2009

Title Description

Evaluation Report Series (cont’d) A series of scientiﬁc and technical papers. 17 On-going Food Label Monitoring Survey in Australia and Evaluation Series 1 & 2, published December 2001. New Zealand No - Report ‘Assessment of 2005 Labels Evaluation Series 3, published June 2002. for Key Mandatory Labelling Elements for Consistency against Labelling Provisions (Phase 2 Report) Evaluation Series 4, published June 2003. 18 On-going Food Label Monitoring Survey in Australia and Evaluation Series 5 & 6, published July 2003. New Zealand - Report on the Assessment on 2006 labels Evaluation Series 7 – 9, published February 2004. for key mandatory Labelling elements for consistency against labelling provisions (Phase 2 report) Evaluation Series 10, published February 2005. 19 2007 National Food Handling Survey Evaluation Series 11, published June 2005. Evaluation Series 12, published 2005. Evaluation Series 13, published September 2005. Evaluation Series 14, published October 2005. Evaluation Series 15, published May 2006. Evaluation Series 16, published October 2006.

Consumer Attitudes Survey Consumer Attitudes Survey 2007 - A benchmark survey of consumers’ attitudes to food issues.

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. Printed 2004

Safe Seafood Australia A Guide to the Primary Production and Processing Standard for Seafood (Australia only) - Standard 4.2.1 1st Edition Published June 2005

Fact Sheets 2008/2009 Fact sheets on particular food issues relevant to the year. Nutrition Claims (June 2009) Available on website only. Food irradiation (June 2009) Cereal-based beverages including rice and oat drinks (June 2009) Bisphenol A (BPA) and food packaging (March 2009) How much sodium and salt are we eating? (May 2009) H1N1 Inﬂuenza 09 (Human Swine Inﬂuenza) and Food (May 2009) National approach to managing meat safety in Australia (April 2009)

APPENDIX 7 – CURRENT PUBLICATIONS 189 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Title Description

Fact Sheets 2008/2009 (cont’d) Fact sheets on particular food issues relevant to the year. National food safety standard for eggs and egg products Available on website only. - update (April 2009) Food safety during fires, floods and power cuts Acrylamide in food (February 2009) A1 and A2 Milk (February 2009) Voluntary addition of fluoride to bottled water (February 2009) US peanut butter and salmonella ( March 2009) Update: Impact of Austrian reproduction study on the safety of GM corn lines MON810 andNK603 (January 2009) Nutrition and Health Related Claims updated (December 2008) Hipp’s fruit puree with banana and apricot baby food advisory (December 2008) Update on dioxins in Irish pork (10 December 2008) A national food safety standard for seed sprouts (November 2008) Iodine sensitivities and mandatory iodine fortification (November 2008) Mandatory iodine fortification (November 2008) Voluntary addition of fluoride to bottled water (November 2008) Health advisory labels on alcoholic beverages (November 2008) Canned foods: purchasing and storing (October 2008) GM foods: Safety of ingested recombinant DNA Update on melamine in foods from China Healthy eating and pregnancy Contaminated baby formula made in China (September 2008) MSG in food (August 2008) Trans fatty acids (August 2008) Primary production and processing requirements for raw milk products: Public comment invited (6 August 2008) Raw Milk Products – Current Situation in Australia (July 08) Chemicals in glass jar seals (July 08) Mandatory folic acid fortification in Australia (June 09)

190 APPENDIX 7 – CURRENT PUBLICATIONS ANNUAL REPORT 2008-2009

Appendix 8 – 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 our website at www.foodstandards.gov.au, together with links to all relevant legislation).

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. A summary appears in this annual report.

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, Australia and New Zealand Food Regulation Ministerial Council, Food Regulation Standing Committee, Implementation Sub Committee and other committees.

Databases

We maintain a wide range of computer databases to support our information and processing needs, including the Australian Nutrient Databank and our dietary modelling software (DIAMOND). All are held in our Canberra ofﬁce.

APPENDIX 8 –CATERGORIES OF DOCUMENTS HELD 191 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Files

Both paper-based and computer-based records are maintained on FSANZ’s activities. They primarily relate to the processing of Applications or Proposals associated with 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 ofﬁce.

Finance documents

We maintain a series of documents relating to FSANZ ﬁnancial management, including 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 (Legal and Regulatory Affairs) on (02) 62271 2222.

Mailing lists

We maintain, for our own use, mailing lists to disseminate information to key stakeholders and interested individuals. Documents distributed through this list include FSANZ annual reports, Food Standards News, food standards, Food Surveillance News, 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.

Public register

We maintain a Public Register of documents for all applications and proposals. Applications, public submissions and other associated material (with the exception of any commercially confidential material or other confidential information), as well as relevant FSANZ documents are placed on the Public register file.

The Public Register files are now generally available electronically and members of the public wishing to access files, do not have to come to the Canberra or Wellington offices to view the documents.

192 APPENDIX 8 –CATERGORIES OF DOCUMENTS HELD ANNUAL REPORT 2008-2009

Public Register files can be inspected for an administrative charge with five working days’ notice. In Australia, the charge is: 1 file $AUD110; 2-4 files $AUD145; and 5 or more files $AUD180. Copying, postage and CDs are charged in addition to these costs. The charge may be partially or fully waived for academic institutions, private individuals, community, consumer or 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. They can also be accessed from the FSANZ website at www.foodstandards.gov.au.

Publications

See Appendix 7 for a list of current publications.

APPENDIX 8 –CATERGORIES OF DOCUMENTS HELD 193 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Appendix 9 – Consultants and contractors

Consultant Nature of consultancy Amount $ Reason Selection Section - excl GST for use process

Advanced Analytical Services for the preparation 3,210 1 Selective SSIS Australia and analysis of food tender samples for melamine

Achieve Group Workshop Facilitation 2,091 1 Selective PHNS tender

Australian Legislative Drafting 45,500 5 Sole provider OLC Government Solicitor

Ascent Governance Internal Audit Services 32,566 1 Selective Planning Tender

Charles Yeo Consultancy services on 5,000 1 Sole provider FSS meat industry practices

Colmar Brunton Stakeholder Satisfaction 7,135 1 Selective Comms Survey tender

Centre for Public Executive 360 degree 9,773 1,4,5 Sole Provider Operations Management feedback program

Curtin University A review of the 50,191 1 Selective LISS effectiveness of advisory tender statements on packaged alcohol

Database Mining Maintenance of Standards 13,500 1.4 Part of OLC Management System existing and associated database contract consultancy

Davidson Trahaire Employee Assistance 3,068 1 Preferred Operations Program provider with Aust DoHA or NZ Ministry of Health

Enable Business Board Strategic Planning 12,100 1 Selective Board Control Systems Workshop tender

Gillian Beaumount Executive Search & 6,353 1,4 Sole Provider OLC Recruitment

194 APPENDIX 9 – CONSULTANTS AND CONTRACTORS ANNUAL REPORT 2008-2009

Consultant Nature of consultancy Amount $ Reason Selection Section - excl GST for use process

Harley Juffs Review of Industry 24,016 1,4 Sole provider RAMS Practices for Control of Listeria in Ready-to-Eat Food Products

IPSOS Public Affairs Provision of services to 29,637 1,4,5 Selective FEMS Pty Ltd conduct a qualitative study tender of consumers’ awareness, attitudes and behaviours to fortiﬁed foods.

Leeder Consulting Services for the preparation 24,630 1,4 Selective SSIS and analysis of food tender samples for melamine

Millpost Technologies Consultancy services for 26,758 1,4 Sole provider FEMS software development, support and enhancement of the food composition data management system

Motivating Excellence Executive Mentoring 5,365 1 Sole provider Executive Pty Ltd

National Nutrient analysis as part of 82,216 1,4 Selective FEMS Measurement the 2008 adult Key Foods Tender institute Program

National Folic Acid fortiﬁcation 10,000 1,4 Sole provider FEMS Measurement proﬁciency testing institute

Omni Potent Consultancy services for 12,240 1,4 Sole provider FEMS Solutions software development, support and enhancement of the food composition data management system

Peoplebank Consultancy Services for 33,331 1 Sole Provider FEMS Recruitment software development, software support and enhancement

Peter Abbott Consultancy services for 11,000 1 Sole Provider OLC development of guidelines

Queensland Collection and analysis of 24,000 5 Sole provider FEMS/SSIS University of infant dietary data Technology

APPENDIX 9 – CONSULTANTS AND CONTRACTORS 195 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Consultant Nature of consultancy Amount $ Reason Selection Section - excl GST for use process

Rural Industries Review of Australian Food 5,000 1,4 Sole provider FSS Development Safety Practices for the Research production of Meat for Corporation Human Consumption

Roger Fry Communication training 4,000 1 Sole provider COMMS

Roy Morgan Consumer Survey Egg 43,864 4 Selective CASS Research Consumption Tender

Roy Morgan Single Source Survey 60,627 1 Sole Provider FEMS Research

Roy Morgan Young Australian Survey 27,591 1 Sole Provider FEMS Research

Roy Morgan Consumer Survey on 32,758 1,4,5 Selective CASS Research Nutrient Content Claims tender

Safefood Queensland Review of Australian Food 63,636 1 Sole provider FSS Safety Practices for the production of Meat for Human Consumption

South Australian Statistical Analysis of 5,000 1 Sole Provider RAMS Research Poultry Survey Data Development Institute

Scitox Review of pyrrolizidine 20,434 1,4 Selective RACS alkaloids to set new health Tender standard

Silk Associates Maori cultural awareness 3,160 1,4 Selective LISS training tender

Sparkos Website redevelopment 11,590 2 Part of an COMMS existing contract

Sydney West Area Services for the analysis of 22,664 1,4 Part of an FEMS Health Service food samples collected as existing part of the 2008 trans fatty contract acid survey for sodium and iodine

Symbio Alliance Services for the preparation 27,801 1,4 Selective SSIS and analysis of food Tender samples for melamine

196 APPENDIX 9 – CONSULTANTS AND CONTRACTORS ANNUAL REPORT 2008-2009

Consultant Nature of consultancy Amount $ Reason Selection Section - excl GST for use process

Symbio Alliance Services for the preparation 7,131 1,4 Selective SSIS and analysis of food tender samples for sulphites

Symbio Alliance Services for nutrient 23,326 1,4 Part of an FEMS analysis existing contract

Symbio Alliance Services for the co- 174,259 1 Selective SSIS ordination, preparation and tender analysis of speciﬁed foods for the 23rd Australian Total Diet Study -

Taylor Nelson Social Services to conduct a 25,635 1,4,5 Selective FEMS Research quantitative consumer tender Survey on Food Allergen Labelling

$1,032,156

Reason for use

1. Need for specialised skills

2. Rapid access to latest technology and experience

3. Limitations on Executive time

4. Lack of in-house resources

5. Need for independent study

6. Need for change of agent or facilitator

APPENDIX 9 – CONSULTANTS AND CONTRACTORS 197 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Appendix 10: FSANZ representation

International forums attended, including Codex/WHO/FAO

Date International Committee Meeting Who Attended Country

28 June – 2 July IFT Nanotechnology Seminar IFT Annual Dennis Thomas United States 2008 Conference

30 June – 4 July Codex Alimentarius Commission Paul Brent Geneva, 2008 Switzerland

7-8 July 2008 Joint Institute of Food Safety and Applied Christel Leemhuis Washington, DC, Nutrition Risk Analysis Training Program United States

3 – 7 August 2008 International Association for Food Amanda Hill Ohio, United Protection States

4-8 August 2008 APEC Food Safety Cooperation Forum Steve McCutcheon Peru 2008 Paul Brent Debbie Battaglene

8-12 September Developing Food Laws, Standards and John Fladun Hanoi, Viet Nam 2008 Enforcement Systems workshop Donna Bakovski Peter Keegan Debbie Battaglene

3-7 November 30th Session of the Codex Committee Janine Lewis Cape Town, South 2008 Nutrition and Foods for Special Dietary Dorothy Mackerras Africa Uses

5-7 November ILSI meeting on Food and Nutrition Safety Bonnie Field Cebu, Philippines 2008

10-13 November FAO/WHO Update of Risk Assessment Janis Baines Seoul, South 2008 Principles Workshop Korea

10-14 November Meetings with Chinese State Food and Steve McCutcheon Beijing, China 2008 Drug Administration, Ministry of Science Sonia Bradley and Technology, Ministry of Agriculture and the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China

18-19 November JIFSAN Workshop on Dietary Exposure Tracy Hambridge United States 2008 Assessment Tools for Prioritising Food Safety Concerns

198 APPENDIX 10 – FSANZ REPRESENTATION ANNUAL REPORT 2008-2009

Date International Committee Meeting Who Attended Country

24-28 November 17th Session of the Codex Committee on Mark Salter Cebu, Philippines 2008 Food Import and Export Inspection and Certiﬁcation Systems

1-4 December WHO Expert Meeting to review the Janis Baines Ottawa, Canada 2008 toxicological aspects of melamine and cyanuric acid

1-5 December 40th Session of the Codex Committee on Amanda Hill Guatemala City, 2008 Food Hygiene Michelle Robertson Guatemala

7-12 December FAO/IAEA Food Irradiation Workshop Glenn Stanley The Philippines 2008

9-12 December Centre for Food Safety and World Health Julie Boorman Hong Kong, China 2008 Organization Joint Workshop on Total Diet Study

10-12 December International Food Safety Authorities Mark Salter Ottawa, Canada 2008 Network Advisory Group Meeting

15-17 December 11th Meeting of the Expert Committee of Paul Brent Hong Kong, China 2008 the Hong Kong Centre for Food Safety

16-18 February Developing Food Laws, Standards John Fladun Ho Chi Minh City, 2009 and Enforcement Systems follow-up Donna Bakovski Viet Nam workshop Debbie Battaglene

16-20 March 2009 41st Session of the Codex Committee on Paul Brent Shanghai, China Food Additives Leanne Laajoki

23-28 March 2009 12th Meeting of the Expert Committee of Paul Brent Hong Kong, China the Hong Kong Centre for Food Safety and Regional Symposium on Pesticide

23 March 2009 ILSI Korea GMO consultation Andrew Seoul, Korea Bartholomaeus

1-4 May 2009 Codex Committee on Food Labelling Jane Allen Calgary, Canada

10-14 May 2009 7th International Symposium on Shiga Hong Jin Buenos Aires, Toxin (Verocytotoxin) – Producing Argentina Escherichia coli Infections

11-15 May 2009 Food Regulatory Systems and John Fladun Beijing, China Developing Food Laws workshop Mary Jordan Robert Keane Debbie Battaglene

12-14 May 2009 Workshop on the Tolerable Level of Risk Hikmat Hayder Vienna, Austria in Food Allergy

APPENDIX 10 – FSANZ REPRESENTATION 199 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Date International Committee Meeting Who Attended Country

1-5 June 2009 FAO/WHO expert consultation on Andrew Rome, Italy nanotechnology Bartholomaeus

16-25 June 2009 FAO/WHO Joint Expert Committee on Janis Baines (FAO) Geneva, Food Additives (JECFA 71) Utz Mueller (WHO) Switzerland

22-23 June 2009 ILSI Symposium on Plant Polyphenols: Trevor Webb Kuala Lumpur, Nutrition, Health and Innovations Malaysia

Speaking engagements

Date Event Presenter(s) Title

6-9 July 2008 Population Health Peta Chubb Mandatory folic acid fortiﬁcation in Congress, Brisbane Australia: the next piece of the puzzle

7 July 2008 Home Economics and Dennis Thomas Food standards development – Technology Teachers’ Lisa Katzer protecting public health, providing Association of New consumer information and preventing Zealand Conference fraud and deception

16 July 2008 NZ Industry Food Dean Stockwell Food regulation update Regulation Update

21 July 2008 AFGC Processed Dennis Thomas Technical options for preservative Meats Forum, in reduction in processed meats association with AIFST Convention

22 July 2008 41st Annual Mark Salter National Food Incident Australian Institute Response Protocol of Food Science and Technology Christina Belperio 2007 National Food Handling Survey Convention, Sydney Dean Stockwell Bringing new foods to market

25 July 2008 Australian Beverages Tracey Cridge Food standards and labelling Council Technical School, Melbourne

12 August 2008 University of Canberra, Janis Baines Food and nutrition monitoring and human nutrition surveillance systems in Australia students

19 August 2008 National FASD Diane Bourn FSANZ Update: health advisory labels Workshop, Adelaide on alcoholic beverages

200 APPENDIX 10 – FSANZ REPRESENTATION ANNUAL REPORT 2008-2009

Date Event Presenter(s) Title

21 August 2008 AIHW Fortiﬁcation Jacinta Dugbaza Background to the folic acid Monitoring and iodine fortiﬁcation standards Coordination Program Workshop, ANU, Canberra

28 August 2008 5th Codex Australia Amanda Hill New work in food hygiene: Industry Forum Campylobacter and Salmonella in chicken meat and Vibrio spp. in seafood

7-9 September HACCP Conference – Paul Brent Food recalls and safety of GM foods 2008 Adelaide

8 September 2008 University of Otago, Tracey Cridge Food labelling food science students Diane Bourn

11 September 2008 Allergen Bureau Hikmat Hayder Review of the regulatory management Conference of food allergens

17-19 September 4th Innovative Foods Leanne Laajoki Regulation of foods produced using Centre Conference, new technologies Brisbane

27 September 2008 New Zealand Guild of Lydia Buchtmann Using new media to communicate Food Writers’ Seminar, food issues Auckland

8 October 2008 Croplife 3rd Annual Steve McCutcheon The evolving world of food standards Perspectives Conference, Sunshine Coast

14 October 2008 Nutrition Society Paul Brent Regulation of nanotechnology in food Australia – products in Australia Nanotechnology and Food, Melbourne

16 October 2008 Matters of Health Paul Brent GM foods – why all the fuss? Series, Canberra

28-30 October 2008 Quads Social Research Trevor Webb Overview of consumer tracking surveys Coordination Group Do nutrient content claims inﬂuence Technical Workshop, consumer purchase intentions and United States product nutrition evaluations?

Marianne Hoey Australian and New Zealand Allergens Surveys: 2003 and 2009

Melanie Fisher The 2007 Australian and New Zealand Consumer Attitudes Benchmark Survey

APPENDIX 10 – FSANZ REPRESENTATION 201 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Date Event Presenter(s) Title

3-4 November 2008 Paciﬁc Food Safety Paul Brent APEC Food Safety Cooperation Forum & Quality Legislation Activites Expert Group Meeting, Sydney

7 November 2008 Global Health Forum: Janis Baines The role of the food regulatory system adding value to Paciﬁc in protecting Australia’s health Island foods

10 November 2008 WHO/FAO International Janis Baines Food additives and ﬂavouring agents Symposium: international activities and risk assessment in South Korea, Seoul

13 November 2008 Lexis Nexis Food Dean Stockwell Health claims and Beverage law, Auckland

16 November 2008 10th Annual Food Steve McCutcheon Food regulation: Regulations and previewing the year ahead Labelling Standards Leigh Henderson Acrylamide migration in food

17 November 2008 International workshop Janis Baines Role of exposure assessments in on food safety chemical risk assessment assessment, Beijing

30 November – 2008 Nutrition Society Renee Sobolewski Development of the new Australian 3 December 2008 of Australia Conference food composition tables AUSNUT 2007

5 December 2008 Health Canada/Initial Janis Baines Regulation of food additives Workshop in Australia and New Zeland Food Additives: current environment and future directions, Montreal, Canada

23 February 2009 Papua New Guinea Rob Keane Features of the Food Standard Code delegation Glenn Stanley Risk assessment framework

18-19 February Quads Communicators Lydia Buchtmann Communicating the melamine incident 2009 Group in Australia

18 – 20 February OCEANIAFOODS Judy Cunningham Data compilation. 2009 Food Composition User perspectives – labelling Training course User perspectives – national nutrition surveys

202 APPENDIX 10 – FSANZ REPRESENTATION ANNUAL REPORT 2008-2009

Date Event Presenter(s) Title

20 February 2009 OCEANIAFOODS Dorothy Mackerras User perspectives – nutritional Training course epidemiology

20 – 21 February 8th OCEANIAFOODS Dorothy Mackerras User perspectives – food fortiﬁcation 2009 Conference Renee Sobolewski Update on Australian food composition activities

22-24 February Australian Government Leanne Laajoki Current and potential food regulatory 2009 Analysts’ Conference issues – relevance of analytical survey data

24 February 2009 Workshop on Source Rob Keane Water and the Australia New Zealand Control of Hazardous Food Standards Code Substances

23-28 March 2009 Regional Symposium Paul Brent Regulation and assessment of on Pesticide, chemical residues in Australia Hong Kong

24-26 March 2009 13th Australian Hong Jin Development of a primary production Food Microbiology Patricia Blenman and processing standard for seed Conference, Duncan Craig sprouts – a new national initiative Melbourne Melanie Fisher

31 March 2009 Allergen Bureau Hikmat Hayder Update on the allergen review and Conference Luisa Trevisan consumer survey

4 May 2009 8th Annual Food Safety Dean Stockwell Food regulation update – including Summit, Auckland health claims

19 May 2009 Physicians Week 2009, Paul Brent Melamine incident and Australian Sydney response

19 May 2009 10th National Public Lydia Buchtmann The practical use of conventional Affairs Convention, and new media during the Chinese Sydney melamine milk contamination incident

21-22 May 2009 MidNorth Coast Food Rob Keane FSANZ and Australia’s Food Producer Workshops Regulatory System

28-30 May 2009 Dietitians Association Dorothy Mackerras Update on the ABC Study of Australia Annual Conference, Darwin Ann Hunt New territory for bread – mandatory fortiﬁcation with folic acid and iodine

22-23 June 2009 ILSI Symposium on Trevor Webb Consumers and polyphenols: current Plant Polyphenols: trends and consumer behaviour Nutrition, Health and Innovations

APPENDIX 10 – FSANZ REPRESENTATION 203 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Date Event Presenter(s) Title

24 June 2009 New Zealand Institute Andrew Keynote address on nanotechnology of Food Science and Bartholomaeus and food regulation. Presentations Technology Dean Stockwell on FSANZ update, new processing Dennis Thomas technologies and acrylamide mitigation Leigh Henderson

204 APPENDIX 10 – FSANZ REPRESENTATION ANNUAL REPORT 2008-2009

Appendix 11 – FSANZ Board members, attendance, qualiﬁcations and experience

Table 1. Board attendance

Member Meetings Teleconferences

Ms Philippa Smith AM (Chair) 4/5 4/4

Dr Michele Allan 5/5 4/4

Professor Katrine Baghurst 5/5 4/4

Mr Peter Boyden 5/5 3/4

Dr John Craven 5/5 3/4

Dr Laurence Eyres 5/5 4/4

Mr Peter Milne 5/5 4/4

Mr Steve McCutcheon (CEO) 5/5 4/4

Ms Hikihiki Pihema 4/5 4/4

Dr Pamela Williams 4/5 4/4

Associate Professor Peter Williams 5/5 4/4

Ms Dianne Yates 5/5 4/4

Observer (Does not participate)

Dr Anne Astin

Mr Stan Goodchild

APPENDIX 11 – FSANZ BOARD MEMBERS, ATTENDANCE, 205 QUALIFICATIONS AND EXPERIENCE FOOD STANDARDS AUSTRALIA NEW ZEALAND

Table 2. Finance, Audit and Risk Management Committee attendance

Member Meetings

Mr Peter Milne (Chairman) 5/5

Mr Peter Boyden 5/5

Dr Laurence Eyres 5/5

Observers

Dr Michele Allan 5/5

Professor Katrine Baghurst 5/5

Mr Peter Boyden 5/5

Dr John Craven 5/5

Mr Steve McCutcheon (CEO) 5/5

Ms Hikihiki Pihema 4/5

Ms Philippa Smith 4/5

Dr Pamela Williams 4/5

Associate Professor Peter Williams 4/5

Ms Dianne Yates 5/5

Ms Audrey Gormley (Chief Finance Ofﬁcer) 5/5

206 APPENDIX 11 – FSANZ BOARD MEMBERS, ATTENDANCE, QUALIFICATIONS AND EXPERIENCE ANNUAL REPORT 2008-2009

Food Standards Australia New Zealand Board expertise and experience (2008-2009)

Ms Philippa Smith AM

Ms Philippa Smith, AM [s.116(1)(a)] was appointed Chair of the FSANZ Board in July 2008. Ms Smith is a former Commonwealth Ombudsman, CEO of the Association of Superannuation Funds of Australia and the inaugural Chair of the Consumer’s Health Forum. She currently serves on the boards of a number of organisations, including the Australian Institute of Public Health and the Sax Institute. Ms Smith has developed strong strategic skills and extensive experience in ensuring effective accountability and governance structures across a number of portfolios.

Dr Michele Allan

Dr Michele Allan [s.116(1)(f)] has strong leadership experience across many facets of the food industry. Her areas of expertise include food science, food allergy, food safety, food manufacturing, food packaging innovation and bioinformatics. She has had senior executive positions with Bonlac Foods Limited, Kraft Foods, ICI, Nestle and Amcor Limited. Dr Allan was CEO/MD of Patties Foods Limited a listed food company and is currently a non-executive director of William Angliss Institute and CaroMel Ocean Limited.

Professor Katrine Baghurst

Professor Katrine Baghurst [s.116(1)(e)] has been involved in research and in translation of research to practice in the nutrition ﬁeld in both Australia and New Zealand over the past 30 years, notably at the CSIRO Human Nutrition Division. Her extensive experience makes her a specialist in relation to determining food choice, consumer needs, current dietary patterns in the community and nutritional and food education. Professor Baghurst is a member of the National Health Committee of the NHMRC and is an Adjunct Professor in the Department of Medicine, University of Adelaide and currently works as a nutrition consultant.

Mr Peter Boyden

Mr Peter Boyden [s.116(1)(g)] is an internationally experienced CEO with extensive general management and marketing experience gained in consumer foods businesses in Australia, United Kingdom, Netherlands and Greece. His most recent role was Managing Director and regional Board member of the Unilever Australasian foods business and a Board member of

APPENDIX 11 – FSANZ BOARD MEMBERS, ATTENDANCE, 207 QUALIFICATIONS AND EXPERIENCE FOOD STANDARDS AUSTRALIA NEW ZEALAND

the Australian Food and Grocery Council. He currently acts as a business mentor for senior executives and is a non-executive director of Meat and Livestock Australia, Stuart Alexander and Dairy Innovation Australia Ltd. His areas of responsibility have included the management of consumer marketing, product and packaging development, food production and general management, where he has focused on strategy development and portfolio management.

Dr John Craven

Dr John Craven [s.116(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 Laurence Eyres [s.116(1)(c)] has expertise in food science and technical management and his present research and professional speciality is quality assurance and research and development of food products, particularly oils and fats. He has worked both in industry and academia for over 35 years and brings a food technology, industry and New Zealand perspective to the Board. He is currently Director, ECG Ltd, a specialist contracting and consulting company.

Mr Steve McCutcheon

Mr McCutcheon [s.116(1)(B)] was appointed CEO of FSANZ in October 2007. Prior to his appointment, Mr McCutcheon held a number of senior executive positions in the Australian Government Department of Agriculture, Fisheries and Forestry. During that time he led the team that developed the new food regulatory framework for Australia and New Zealand under the auspices of the Council of Australian Governments. He also led the Australian delegation to annual sessions of the Codex Alimentarius Commission from 2004-2007. Mr McCutcheon holds a Bachelor of Economics degree and has undertaken further studies in public law and public policy. The Chief Executive Ofﬁcer of FSANZ is an ex ofﬁcio member of the Board.

208 APPENDIX 11 – FSANZ BOARD MEMBERS, ATTENDANCE, QUALIFICATIONS AND EXPERIENCE ANNUAL REPORT 2008-2009

Mr Peter Milne

Mr Peter Milne [s.116(1)(g)] has worked all his life in the Australia cattle industry and 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 quality assurance, research and development, 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.

Ms Hikihiki Pihema

Ms Hikihiki Pihema [s.116(1)(ca)] is currently the Senior Dietitian at Gisborne Hospital, Tairawhiti District Health, Gisborne, New Zealand. She is a Maori dietitian with 32 years’ experience in a range of clinical, administration, management, community, public health, Maori health, education and policy settings within New Zealand. Ms Pihema is also a past President of the New Zealand Dietetic Association (NZDA) and has assisted in the strengthening of collaborative links between the NZDA and the Dietitians’ Association of Australia.

Dr Pamela Williams

Dr Pamela Williams [s.116(1)(d)] has a strong background in consumer participation, consumer behaviour and consumer decision-making. Her extensive experience includes Home Economics teaching and Home Economics teacher preparation. After 35 years as an academic, she is now contributing to consumer advocacy, especially in the health system and breast cancer areas, mainly with women’s groups locally, and nationally.

Associate Professor Peter Williams

Associate Professor Peter Peter Williams [s.116(1)(f)] brings to the Board a strong background in public health, human nutrition, food service management and consumer studies. He is an Associate Professor in the School of Health Sciences at the Wollongong University and led the regulatory affairs work of the National Centre of Excellence in Functional Foods. Before his employment at Wollongong, Associate Professor Williams was the Director of Scientiﬁc and Consumer Affairs at Kelloggs for three years and previously worked as the Chief Dietitian and Food Services Manager at Royal Prince Alfred Hospital. Associate Professor Williams served a two-year term as President of the Dietitians Association of Australia from 2001 and

APPENDIX 11 – FSANZ BOARD MEMBERS, ATTENDANCE, 209 QUALIFICATIONS AND EXPERIENCE FOOD STANDARDS AUSTRALIA NEW ZEALAND

has served on NHMRC working parties for the review of dietary guidelines for Australia and the review of recommended nutrient intakes.

Ms Dianne Yates

Ms Dianne Yates, M.Ed. (Howard, USA), B.A. (Victoria, Wellington), Dip Tchg, NZCTC, LTCL. Ms Yates is a former Labour Member of Parliament in New Zealand, retiring in her 15th year in the House. During this period she chaired the Foreign Affairs Defence and Trade Select Committees, as well as the Government Administration Select Committee and the Education and Science Committee. She also served for three terms on the Regulations Review Committee of the New Zealand Parliament and has been a member of the Health Select Committee. The Human Assisted Reproductive Technology Act in New Zealand was a private members bill in her name. Prior to Parliament Ms Yates has had a career in education (teaching and management) in New Zealand, UK, Zimbabwe and USA at the secondary and tertiary levels. Ms Yates continues to serve the community on the local WINTEC Council, Trust Waikato, and the New Zealand Learning Media Limited.

Note: The reference after each member’s name refers to the role speciﬁed in section 40 of the Food Standards Australia New Zealand Act 1991 which the member fulﬁls. All members, with the exception of the CEO of FSANZ, are part-time. Members are listed alphabetically after the Chair.

Top: Dr Laurence Eyres, Professor Katrine Baghurst, Ms Dianne Yates, FSANZ CEO Steve McCutcheon, Mr Peter Boyden, Dr Michele Allan, Associate Professor Peter Williams. Bottom: Mrs Hikihikki Pihema, Dr John Craven, FSANZ Chair Ms Philippa Smith AM, Mr Peter Boyden, Dr Pamela Williams.

210 APPENDIX 11 – FSANZ BOARD MEMBERS, ATTENDANCE, QUALIFICATIONS AND EXPERIENCE ANNUAL REPORT 2008-2009

Acronyms and Abbreviations

ACCC Australian Competition and Consumer Commission

ADI Acceptable daily intake

AFGC Australian Food and Grocery Council

ANAO Australian National Audit Ofﬁce

ANZFRMC Australia and New Zealand Food Regulation Ministerial Council

APEC Asia-Paciﬁc Economic Cooperation (Forum)

APS Australian Public Service

APVMA Australian Pesticides and Veterinary Medicines Authority

AQIS Australian Quarantine and Inspection Service

ASEAN Association of South-East Asian Nations

ATDS Australian Total Diet Study

AusAID Australian Agency for International Development

ATO Australian Taxation Ofﬁce

AWAs Australian Workplace Agreements

CCCF Codex Committee on Contaminants in Food

CCFA Codex Committee on Food Additives

CCFH Codex Committee on Food Hygiene

CCFL Codex Committee on Food Labelling

CCFICS Codex Committee on Food Import and Export Inspection Certiﬁcation Systems

CCGP Codex Committee on General Principles

CCPR Codex Committee on Pesticide Residues

COAG Council of Australian Governments

Codex Codex Alimentarius Commission and its committees

DAFF Department of Agriculture, Fisheries and Forestry

ACCRONYMS AND ABBREVIATIONS 211 FOOD STANDARDS AUSTRALIA NEW ZEALAND

DIAMOND Dietary Modelling of Nutritional Data

EEO Equal Employment Opportunity

FAO Food and Agriculture Organization

FDA United States Food and Drug Administration

FOI Freedom of Information

FRSC Food Regulation Standing Committee

FSANZ Food Standards Australia New Zealand

FSANZ Act Food Standards Australia New Zealand Act 1991

GM Genetically modiﬁed

IGA Inter-Government Agreement

ILSI International Life Sciences Institute

ISC Implementation Sub Committee

IT Information technology

JECFA FAO/WHO Joint Expert Committee on Food Additives

JEMRA FAO/WHO Joint Expert Meeting on Microbiological Risk Assessment

MoU Memorandum of Understanding

MRL Maximum residue limit

NHMRC National Health and Medical Research Council

NZFSA New Zealand Food Safety Authority

NICNAS National Industrial Chemicals Notiﬁcation and Assessment Scheme

NUTTAB Nutrient content of food in Australia (publication)

OBPR Ofﬁce of Best Practice Regulation

OECD Organization for Economic Cooperation and Development

OGTR Ofﬁce of the Gene Technology Regulator

OH&S Occupational Health and Safety

PMD Performance Management and Development initiative

212 ACCRONYMS AND ABBREVIATIONS ANNUAL REPORT 2008-2009

QUADS Food Safety Quadrilateral meetings involving Australia, New Zealand, Canada and the United States

SARDI South Australian Research and Development Institute

SCSC APEC Sub-Committee on Standards and Conformance

SDC Standard Development Committee

SES Senior Executive Service

TGA Therapeutic Goods Administration

USFDA United States Food and Drug Administration

WHO World Health Organization

WTO World Trade Organization

ACCRONYMS AND ABBREVIATIONS 213 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Index

A A2 milk, 77 abbreviations, 211–213 Aboriginal and Torres Strait Islander people on staff, 88 absenteeism, 91–92 ACCC (Australian Competition and Consumer Commission), 73 accountability see management and accountability acronyms and abbreviations, 211–213 acrylamide formation in processed foods, 33 addition of folic acid to ﬂour, case study, 72 additives see food additives administrative assessment of procedures, 127 administrative documents, 191 administrative expenditure, 108–109 adulteration of dairy products, 22, 47–48, 60, 77, 104 advisory and liaison committees, 68–71, 132–142 catering operations, 132 consumers, 70, 78, 134 dietary exposure assessment, 132–133 Egg Implementation Plan Working Group, 39 food composition, 52, 133 international food chemical safety, 61 novel foods, 32 retailers and manufacturers, 78, 134–135 Social Science Expert Advisory Group, 56, 138 stakeholders, 53, 138 see also Science Network Forum advisory statements, 24, 73 age of staff, 87 agreements Australian Workplace Agreements, 91 bilateral partnership, 16 Collective Agreement, 91 Common Law Agreements, 91 documents, 191 inter-governmental, 29, 102

214 INDEX ANNUAL REPORT 2008-2009

agricultural and veterinary chemical residues, 33, 50, 73 maximum residue limits (MRLs), 33–34 agriculture portfolio, 25 alcohol products, 22, 77 in relation to pregnancy, 24, 37, 73 alfalfa see seed sprouts Allan, Dr Michele, 207 allergens, 31, 38, 58, 77 amendments to Food Standards Code, 13, 15, 22, 34, 51, 68 gazettals, 111–115 hydrocyanic acid in cassava chips, 31 isinglass, 38 MRL values, 34 processing aids, 33 ANDB (Australian Nutrient Data Bank), 54, 86 Annual Development Award, 93 APEC Food Safety Cooperation Forum, 75 APEC Sub-Committee for Standards and Conformance (SCSC), 75 Application Handbook, 15, 26, 46, 51 Applications ﬁnalised, 28 problems associated with, 22, 24 processes and procedures for assessment, 27, 83, 126–131 received before 1 October 2007, 26, 116–119 received from 1 October 2007 onwards, 27, 119–125 statutory objectives, 129 see also gazettals appointments to staff, 87, 108 appraisal of staff, 88 approval or rejection of submissions, 128 APVMA (Australian Pesticides and Veterinary Medicines Authority), 73 AQIS (Australian Quarantine and Inspection Service), 45, 72, 73, 76, 131 Ascent Governance Pty Ltd, 106 Asia-Paciﬁc Region, 75–76 asparaginase enzymes, 33 assessment of Applications and Proposals, 27, 83, 126–131 assets management, 99 ATDS see Australian Total Diet Study attitudes and behaviour of consumers, 15, 55

INDEX 215 FOOD STANDARDS AUSTRALIA NEW ZEALAND

attraction and retention of skilled staff, 5 audits, 105–106, 108 AusAID, 75 AUSNUT 2007, 52 Australia and New Zealand Food Regulation Ministerial Council see Ministerial Council Australia Day Achievement Medallion, 93 The Australian, 130 Australian Cancer Research Foundation, 84 Australian Children’s Nutrition and Physical Activity Survey, 30, 31, 52 Australian Competition and Consumer Commission, 73 Australian Federal Police, 106 Australian Government Department of Health and Ageing see Department of Health and Ageing Australian Government Fraud Control Guidelines, 106 Australian Government Health Safety and Environment Working Group, 46 Australian Institute of Criminology, 106 Australian Institute of Food Technology Convention, 78 Australian Institute of Health and Welfare, 35, 58 Australian National Audit Ofﬁce, 108 Australian Nutrient Data Bank, 54, 86 Australian Pesticides and Veterinary Medicines Authority, 73 Australian Public Service Commissioner, 67 Australian Quarantine and Inspection Service, 45, 72, 73, 76, 131 Australian States and Territories, 102 Australian Total Diet Study (ATDS) 20th Study, 50 21st Study, 30 22nd-24th Studies, 50 Australian Workplace Agreements, 91 authority, 66 awards Annual Development Award, 93 Australia Day Achievement Medallion, 93 Chairman’s Award, 93 Public Relations Institute Golden Target awards, 80 Quarterly Awards, 93 Waitangi Day Achievement Award, 93 awareness raising of organisation, 61–62, 64, 102 AWAs see Australian Workplace Agreements

216 INDEX ANNUAL REPORT 2008-2009

B baby bottles, 44, 77 Baghurst, Professor Katrine, 207 Baines, Janis, 93 bakers and bakeries, 80 Bartholomaeus, Dr Andrew, 95 Beer, Wine and Spirits Council of New Zealand, 38 beer and wine, isinglass-fined, 38, 104 behaviour of children, 10, 22, 43 behaviour of consumers, 15, 55 Belperio, Christina, 93 benzoates, 30 bilateral partnership agreement, 16 biotechnology see genetically modified (GM) foods Bisphenol A (BPA), 44, 77, 104 Blackberrys, 85 Blenman, Patricia, 93 Board, 13, 105 approval or rejection of submissions, 128 Fellows presentations to, 54 meets with Ngã Kaitohutohu members, 71 members, 205–210 reputation of organisation, 7, 65–67 reviews financial plan, 17 sets priorities for organisation, 110 bottled water, 30, 36 Bourne, Diane, 93 Boyden, Peter, 207–208 bread-making flour, 34 Brent, Dr Paul, 95 briefs, submissions and reports, 104, 191 British Medical Journal, 44 Brown, Kent, 93 Buckle, Professor Ken, 54 buddy system, 84 bullying, 84, 89 business continuity, 85, 86, 107 Business Plan, 109 business planning and management, 106–109

INDEX 217 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Butler, Hon. Mark, 10 buying decisions, 5, 23 Byles, Professor Julie, 53

C cadmium, 10, 22, 29 caffeine, 44–45 calcium, 29, 35 Campylobacter contamination, 39, 59 Canada, 44, 56, 60, 61, 79 Canadian Food Inspection Agency, 61 Canadian Government, 44 Canberra office, 78, 85, 91, 191, 192, 193 canola, 32 capability of organisation, 83–84 capacity building, 74, 75 carbon footprint, 85, 108 cardiovascular disease, 44 career opportunities for staff, 8 Cary, Professor John, 53 case studies addition of folic acid to flour, 72 consumer attitudes and behaviour in response to nutrition claims, 55 melamine adulteration of dairy products from China, 48 staff exchange with the United Kingdom Food Standards Agency, 90 cassava chips, 22, 30, 31 Castanheira, Dr Isabel, 52 categories of documents, 191–193 catering sector, 41, 70, 132 cattle, 40 cellulase enzyme, 33 Certificate of Compliance, 17 cessations of staff, 87 Chair of Board, 207 Chairman’s Award, 93 charities, donations to, 84 cheese, 25, 32, 39–40, 74 chemical and microbiological risk, 10, 23, 38

218 INDEX ANNUAL REPORT 2008-2009

chemicals, 23 agricultural and veterinary, 33, 50, 73 Australian Total Diet Study, 30, 50 cadmium, 10, 22, 29 fluoride, 30, 36, 50, 57 food, 50, 51, 61 chewing gum, 29 chicken meat, 39, 59, 141–142 Chief Executive Instructions, 107 Chief Executive Officer, 13, 94, 105 review by, 5–9 see also McCutcheon, Steve Chief Public Health Nutrition Advisor, 43, 89 Chief Scientist, 13, 94, 95 children, 32, 73, 136 eating habits, 31, 52 food colours and behaviour, 22, 39, 43 Children’s Nutrition and Physical Activity Survey, 30, 31, 52 China, 47, 75, 79 chips, cassava, 22, 30, 31 chocolate, 44 CHOICE, 101 cholesterol absorption, 32 classification levels of staff, 86–87 performance payments, 95 workplace agreements, 91 clearance and signing-off of documents, 103 Cobiac, Professor Lyn, 53 Code Inquiry Unit, 78 Codex, 24 Codex Alimentarius, 59 Codex Alimentarius Commission, 59, 60 Codex Committee on Contaminants in Food (CCCF), 60 Codex Committee on Food Additives (CCFA), 59 Codex Committee on Food Hygiene (CCFH), 59 Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS), 60 Codex Committee on Food Labelling (CCFL), 59 Codex Committee on General Principles (CCGP), 60

INDEX 219 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Codex Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU), 59 Codex Committee on Pesticide Residues (CCPR), 60 coffee, 44 Collective Agreement, 91 colours see food additives Comcover, 91, 106–107 commencements of staff, 87, 108 comments, public, 15 commercial benefit, 108 commercial-in-confidence, 71 committees finance, audit and risk management, 16, 17, 105, 106 food regulation, 11 Implementation Sub-Committee, 10 Jurisdictional Forum, 134 Science Network Forum, 137–138 scientific advisory groups, 64, 135, 136, 137 standard development, 40, 70, 139–142 see also advisory and liaison committees Common Law Agreements, 91 Commonwealth Disability Strategy, 92 communication, 65, 67, 76–80 see also publications community involvement, 67–71, 102 competitive tendering and contracting, 109 completion dates of Applications, 83 compliance, 12, 17, 39 Compliance and Enforcement Model for Mandatory Fortification, 8 compliance index, 3–4 Compliance Plan for egg industry, 39 computers, 85 conditions of employment, 91–92 conduct, misleading or deceptive, 11, 73 conferences and forums APEC, 75 Code Enquiry Unit staff present at, 78 international, 198–200 Science Network Forum, 137–138 see also international networks

220 INDEX ANNUAL REPORT 2008-2009

conﬂicts of interest issues, 105 conjugated linoleic acid triglycerides, 31, 32 consensus, whole-of-government, 7 consultants, competitive tendering and contractors, 109, 194–197 consultation with government and industry, 35, 38, 47, 50, 100 with Maori, 71 public, 13, 39, 41, 130 targeted, 117 see also advisory and liaison committees consumer advice, 78 consumer affairs portfolio, 25 consumer and social sciences, 54–56 consumer attitudes and behaviour in response to nutrition claims, case study, 55 consumer research, 22 consumers, 24, 54–56, 67–68 attitudes and behaviour of, 8, 15, 55 CHOICE, 101 community involvement, 67–71, 102 education package, 80 enquiries from, 78 information provided to, 11, 23, 24 contact details, 2, verso of title page contamination, 23, 34, 39, 40, 47, 50, 60 guidance documents, 51 and nanotechnology, 46 see also melamine adulteration of dairy products content of food, 23 continuity planning, 85, 86, 107 contracting see purchasing cooking techniques, 80 Coordinated Food Survey Plan, 50, 72 core business, 83 corn, 32 corporate governance, 103–110 corporate overview, 10–17 corporate plans, 18, 109 correspondence, 85, 104 cost-beneﬁt analyses, 24

INDEX 221 FOOD STANDARDS AUSTRALIA NEW ZEALAND

cost-effectiveness analyses, 24 cost recovery, 108 see also paid Applications cotton, 32 Council of Australian Governments, 11, 37, 74 cow milk, 39 Craven, Dr John, 105, 208 criteria for review requests, 29 crustacea, 31 cultural awareness training program, 71 customary practices (Tikanga Maori), 71 cyanogenic glycosides, 60 cyanuric acid, 60 cycling to work, 84

D dairy products see milk and milk products Dalmolen, Rocky, 93 Dalzell, Mary-Lou, 93 databases, 191 ANDB (Australian Nutrient Data Bank), 54, 86 DIAMOND (Dietary Modelling of Nutritional Data), 15, 52, 53, 54, 86 Dean, Liz, 93 death in infants, 48 deliverables, program reporting, 20 dental beneﬁts of sugar-free chewing gum, 35 Department of Defence, 109 Department of Finance and Deregulation, 17 Department of Health and Ageing, 10, 39, 45, 58, 80, 103, 108 funding received from, 16, 86 reporting outcomes linked with, 18 deregulation, 57 Developing Food Laws, Standards and Enforcement Systems, 75 diabetes, 44 DIAMOND (Dietary Modelling of Nutritional Data), 15, 52, 53, 54, 86 dietary exposure assessments, 52–53 to food chemicals, 51

222 INDEX ANNUAL REPORT 2008-2009

dietary modelling, 31 see also DIAMOND (Dietary Modelling of Nutritional Data) Directors, 105 disabilities, people with, 88 Disability Plan, 92 disaster recovery, 85, 107 diseases, control of, 33 diversity in workplace, 88, 92 documents maintained, 51, 103, 191–193 domestically produced foods, 23, 25 dried fruit, preservatives in, 30 drinks, 32, 44, 77 high-risk drinking, 37 preservatives in, 30 see also alcohol

E eating habits of children, 31, 52 economic beneﬁts of new food standards, 57 Eden-Monaro Cancer Support Group, 84 education and information campaigns, 79–80 effective regulation, 24 effectiveness of food labelling, 37 eggs and egg products, 23, 31, 38, 48, 137, 140 compliance with new standard, 39 study on consumption, handling and storage of, 55 electricity costs, 108–109 electronic media, 76 email correspondence, 85 emergencies, food, 12 emerging issues, 46 Employee Assistance Program, 89, 92 employees see staff employment conditions, 91–92 energy drinks, 44, 77 energy review, 108 enforcement of food standards, 11, 16, 58, 78, 101

INDEX 223 FOOD STANDARDS AUSTRALIA NEW ZEALAND

enquiries Code Inquiry Unit, 78 from consumers, 78 freedom of information, 192 media, 77 enzymes as processing aid, 33 epidemiology, 43, 64, 89, 135 equal employment opportunity, 88 equity see social justice and equity erythrosine, 77 Estimating Dietary Exposure to Food Chemicals for Food Regulatory Purposes, 51 ethyl lauroyl arginate, 33 European Commission, 61 European Food Safety Authority (EFSA), 43, 44, 61 Evaluation Strategy 2009-2013, 54, 57 evaluations see reviews (evaluation and monitoring) evidence base, 15, 24, 41, 51–62, 65 scientiﬁc evidence, 22, 25, 42, 52–53, 83, 86, 101 and stakeholders and regulatory partners, 68, 71 used in risk assessments, 18, 25, 41 exchanges, staff, 89–90 Executive, 66, 83, 84, 94, 95 Executive Level staff, 88 Executive Sponsor, 110 expectations of stakeholders, 65 expenditure see ﬁnance external audits, 106 Eyres, Dr Laurence, 208

F fact sheets, 70 Fair Work legislation, 91 FAO/IAEA Regional Training Workshop, 76 FAO/WHO Expert Meeting on the Application of Nanotechnologies in the Food and Agricultural Sectors, 46, 60 FAO/WHO Joint Expert Committee on Food Additives (JECFA), 60 FAO/WHO meetings, 46 Federal Register of Legislative Instruments, 111 fee-for-service activities, 16

224 INDEX ANNUAL REPORT 2008-2009

feedback from stakeholders, 64 feeding bottles for infants, 44, 77 Fellows Program, 53–54 female staff, 86, 87, 88 files, 192 finalised projects, 111–115 finance, 16–17 Comcover premium rate, 91 consultant and contractor expenditure, 109 documents, 192 fraud control, 106 operating revenue and expenses, 17, 108–109 performance pay and bonuses, 95 Finance, Audit and Risk Management Committee, 16, 17, 96, 105, 106 financial management, 105–106 financial performance, 16–17 financial statements, 143–173 Fine Foods, 78 fires, 77 fish, 31, 38, 80 Fisher, Melanie, 95 Fladun, John, 93, 96 floods and fires, 77 flour for bread-making, 34 flour millers, 80 fluoride, 50, 77 in bottled water, 30, 36 foetal alcohol syndrome, 24 folic acid, 34, 70, 72, 135 mandatory fortification, 58, 74, 77, 80 food additives, 30–31, 33, 59, 60 food colours, 30, 43, 50–51, 77, 104 guidance documents, 51 and nanotechnology, 46 see also fortification of foods; preservatives food allergens, 31, 58 food-borne illnesses, 24, 38, 40, 78 food chemicals, 50, 51, 61 food classification systems, 73

INDEX 225 FOOD STANDARDS AUSTRALIA NEW ZEALAND

food colours see food additives food composition, 52, 133 food control systems, 60 food emergencies, 12, 77 timeliness in management of, 22 food handling, 12, 58 food hygiene, 59 food import and export inspection, 60 food incidents, 10, 22, 47–48, 77 food labelling, 23, 36–38, 59, 78 of alcohol products, 22, 24, 37, 73, 77 law and policy, 37 monitoring survey, 58 Ongoing Food Label Monitoring Survey in Australia and New Zealand, 8 review of standards, 30 food-medicine interface, 45, 74 Food Ministers, 25 food packaging, 44, 46, 77, 78 food preservatives, 30–31 food production technologies, 23 food recalls, 12, 49 documents, 191 see also contamination; melamine adulteration of dairy products Food Regulation Standing Committee (FRSC), 11, 38, 57 see also Implementation Sub-Committee food safety, 41, 60, 77, 78, 80 capacity building activities, 75–76 networks, 75 new foods, new techniques, 80 review of assessment of, 33 risk to consumers, 38 in seed sprouts industry, 40 see also primary production and processing standards Food Safety Information Council, 80 Food Safety Week, 80 Food Standards Australia New Zealand Act 1991, 10, 68, 100 and evidence-based regulation, 15 legislative changes to, 51 Food Standards Australia New Zealand Amendment Act 2007, 102 Food Standards Branch, 94

226 INDEX ANNUAL REPORT 2008-2009

food standards (Food Standards Code), 10, 23, 25–41, 101 Code Inquiry Unit, 78 economic benefits of, 57 maintaining currency of, 30 reviews of, 30–31, 37 setting standards, 11, 25, 67, 74 see also amendments to Food Standards Code; enforcement of food standards; evidence base; gazettals Food Standards News, 77 Food Surveillance Network, 47, 50, 72 Food Surveillance News, 77–78 foods for special dietary uses, 59 formula for infants, 29, 59, 60 fortification of foods, 24 mandatory, 22, 34–35, 52, 58, 74, 77, 80 voluntary, 35–36 forums see conferences and forums; international networks four-year financial plan, 17 fraud control, 106 fraud risk assessment, 106 freedom of information, 103, 192 French, Professor Nigel, 54 French Food Safety Agency, 61 fruit juice and fruit juice drinks, 32 FSANZ Act see Food Standards Australia New Zealand Act 1991 FSANZ Application Handbook, 15, 26, 46, 51 FSANZ Board see Board FSANZ decisions, reviews of, 29–30 FSANZ Fellows, 53–54 FSANZ Parliamentary Liaison Officer, 103 full-time staff, 86, 87 functions see roles and functions funding see finance

G galacto-oligosaccharides, 30 gazettals, 25, 111–115, 130–131 exemption for isinglass, 38 hydrocyanic acid in cassava chips, 31 maximum residue levels (MRLs), 34 processing aids, 33

INDEX 227 FOOD STANDARDS AUSTRALIA NEW ZEALAND

gender of staff, 86–87 General Administration of Quality Supervision, Inspection and Quarantine, China, 75 General Managers, 13, 95, 96 Food Standards (Canberra) Branch, 94 Food Standards (Wellington) Branch, 94 Legal and Regulatory Affairs Branch, 94 Risk Assessment Branch, 94 General Procedure, 27, 127 General Standard for Food Additives, 59 genetically modiﬁed (GM) foods, 10, 22, 29, 74, 77, 104 ﬁrst generation traits, 33 reviews by Ministerial Council, 32 safety assessments, 33, 51 second generation traits, 33 Gidley, Professor Mike, 53 Giles, Professor Graham, 53 gluten, 48 goal for organisation, 10, 101, 109 goats and goat milk, 39, 40 Goodall, Dr Stephen, 54, 56 governance, 103–110 Government and Parliament, interaction with, 103–104 guidance documents, 51 guide to report, 1–2 guidelines bacterial contamination of chicken meat, 59 healthy eating in pregnancy, 80 safe production of seed sprouts, 40

H H1N1 inﬂuenza, 77, 107 handling of food, 23 Harassment Contact Ofﬁcers (HCOs), 92 harassment in the workplace, 84, 89, 92 Harvey, Sue, 93 hazards, 50–51 health advisory labelling, 22, 37 health and safety, 11, 23, 24, 91–92 and the catering sector, 41

228 INDEX ANNUAL REPORT 2008-2009

food-related health risks, 51 health issues, 43–49 timeliness in management of issues, 22 see also agricultural and veterinary chemical residues; food safety; fortiﬁcation of foods; nutrition; risk assessments health associations, 102 Health Canada, 33, 61 health claims, 37, 55, 73, 77 Health Ministers, 25 health non-government organisations, 68 Health Safety and Environment Working Group, 46 Henderson, Dr Leigh, 93 hepatitis A, 77 herbicide tolerance, 32, 33 high-risk drinking, 37 Hoey, Marianne, 93 Hong Kong, 79 Hot Issues reports, 103 Huckerby, Dr John, 53 human resources see staff hydrocyanic acid in cassava chips, 22, 30, 31 hygiene and food handling, 12

I ICT see Information and communication technology illness, food-borne, 24 impact statements, 15, 24 implementation of new regulations, 35 Implementation Sub-Committee (ISC), 12, 39, 45, 50, 57, 72, 100 Imported Food Inspection Scheme, 60, 73 imported foods, 23, 25, 73, 104 incident reports, 91 India, 79 Indigenous Australians see Aboriginal and Torres Strait Islander people on staff Indonesia, 75 induction course for new staff, 84 industry, 12 industry advice, 78 industry organisations, 101

INDEX 229 FOOD STANDARDS AUSTRALIA NEW ZEALAND

industry portfolio, 25 industry user guides, 80 infants, 29, 44, 48, 59, 60, 77 influenza, H1N1, 77, 107 influenza vaccinations, 91 information and communication technology, 85 disaster recovery, 107 security policy, 107 information for consumers, 11, 23, 24 see also publications information sharing in Asia-Pacific Region, 75 inquiries see enquiries insect protection, 33 inspection of food imports and exports, 60 Instituto Nacional de Saude, Portugal, 52 inter-governmental agreements, 29, 102 internal audits, 105–106 international capacity building, 74, 75 international networks, 59, 64, 198–200 secondment of staff, 86 inulin/fructo-oligosaccharides, 30 iodine, 10, 22, 34, 52, 58, 74, 77, 136 Ireland, 47 irradiation, 76, 77, 104 isinglass, 38, 104

J Japan, 79 Japan Food Safety Commission, 61 Jin, Dr Hong, 93 Joint Expert Committee on Food Additives (JECFA), 59 Jurisdictional Forum, 134

K key performance indicators, program reporting, 20 kidney stone illnesses, 48 Kids Eat Kids Play Survey, 52 Knowles, Hon Rob, 105

230 INDEX ANNUAL REPORT 2008-2009

kola-type soft drinks, 44

L labelling see food labelling Langridge, Professor Peter, 54 learning and development see staff learning and development legislation, 10 changes to Food Standards Australia New Zealand Act 1991, 51 Fair Work, 91 functions and powers under, 174–176 requests under FOI, 103 legislative framework of organisation, 101 legislative instruments, 111, 130, 131 letter of transmittal, i linoleic acid, 32 listeria, 77, 80 liver enzyme levels, 44 Loblay, Dr Rob, 54 location of staff, 12, 86 long term-leave staff, 86 low-fat cheese, 32 lucerne, 32 lunchboxes, 77 lupin, 31 lutein added to infant formula, 29

M mailing lists, 192 Major Procedure, 27, 128 male staff, 86, 87, 88 management and accountability, 98–110 Management Group, 95 mandatory fortiﬁcation, 22, 34–35, 52, 58, 74, 77, 80 Compliance and Enforcement Model for Mandatory Fortiﬁcation, 8 enforcement agencies, 12, 24, 100 NZFSA, 74 mandatory health warnings on packaged alcohol, 37 Maori Cultural Awareness Training for staff, 71 Maori Network, 71

INDEX 231 FOOD STANDARDS AUSTRALIA NEW ZEALAND

maps and plans, 192 market failure, 23 mass media, 76 Maximum Residue Limits, 33–34 McCutcheon, Steve, 95, 105, 208 McLucas, Senator the Hon. Jan, 10 McNeil, Professor John, 54 meat and meat products, 30–31, 40–41, 141 Médecins sans Frontières, 84 media and information services, 76–78 media releases, 193 medicines (therapeutic goods), 45 melamine adulteration of dairy products, 22, 47–48, 60, 77, 104 melamine adulteration of dairy products from China, case study, 48 Memorandums of Understanding, 73, 74, 90, 108 men staff, 86 mentoring for staff, 84 mercury in fish, 80 microbiological risk, 10, 23, 38, 40 Microsoft Office 2007, 7 milk and milk products, 23, 25, 31, 39–40, 55, 61, 74 melamine adulteration of, 22, 47–48, 60, 77, 104 see also cheese Milne, Peter, 105, 209 minerals, 35 minimum regulation, 23, 24, 25 Minister for Health and Ageing, 103, 105 see also Parliamentary Secretary Ministerial briefings and correspondence, 104 Ministerial Council (ANZFRMC), 26 activities and issues reported to, 16 assessments provided to, 10, 22, 130–131 endorses National Food Incident Response Protocol, 47 policy guidelines from, 11, 25–26, 41, 101 primary production and processing standard presented to, 38 Ministerial Council on Drug Strategy, 37 Ministerial Council Reviews, 28–30, 31, 35, 130–131 of Board decisions, 13 of draft standard on nutrition, health and related claims, 8, 55 of labelling law and policy, 8, 37

232 INDEX ANNUAL REPORT 2008-2009

Ministers, 10, 16, 25 Minister for Health and Ageing, 103, 105 New Zealand Minister of Food Safety, 102 see also Parliamentary Secretary Ministry of Health (New Zealand) (MoH), 73 Minor Procedure, 27, 127 minutes, 104 mobile devices, 85 modelling, dietary, 10, 15 modelling and data management, 83 monitoring see reviews (evaluation and monitoring) Monitoring of Emerging Issues, 78 MRLs see Maximum Residue Limits mung beans see seed sprouts mustard seed see seed sprouts mycotoxins, 50

N nanotechnologies, 16, 46, 54, 60, 70, 77 National Children’s Nutrition and Physical Activity Survey, 30, 31, 52 National Drug Research Institute, Curtin University, 37 National Food Authority (now FSANZ), 102 National Food Handling Survey 2007, 8, 58 National Food Incident Response Protocol, 47, 100 National Health and Medical Research Council, 73 National Industrial Chemicals Notification and Assessment Scheme (NICNAS), 73 National Institute for Agricultural Research, France, 53 National Measurement Institute, 58, 74 National Nanotechnology Strategy, 46 neural tube defects (NTDs), 34 New South Wales Food Authority: trans fatty acid survey, 52 New Zealand children’s nutrition survey, 52 food-medicine interface, 45 funding from, 16, 17 mandatory fortification with folic acid, 74 Maori cultural awareness training, 71 Treaty with, 102–103 see also Wellington office

INDEX 233 FOOD STANDARDS AUSTRALIA NEW ZEALAND

New Zealand Food Safe Partnership, 80 New Zealand Food Safety Authority (NZFSA), 43, 45, 53, 61, 72, 74, 80 The New Zealand Herald, 130 New Zealand Institute of Food Technology Convention, 78 New Zealand Minister of Food Safety, 102 New Zealand Ministry of Economic Development, 57 New Zealand Ministry of Health (MoH), 45, 73 newsletters, 35, 71, 76, 77–78 Ngã Kaitohutohu Kounga Kai, 71 NHMRC (National Health and Medical Research Council), 73 NMI (National Measurement Institute), x, 58, 74 non-English speaking background of staff, 88 non-ongoing staff, 86, 87 non-traditional foods see novel foods Notification Circular, 130 novel foods, 32, 104 guidance documents, 51 and nanotechnology, 46 see also genetically modified (GM) foods NTDs (neural tube defects ), 34 numbers of staff, 87 Nutridate, 79 nutrients, 15, 50 AUSNUT database, 52 and nanotechnology, 46 profiling scoring criteria model, 73 nutrition children, 30, 31, 52 claims, 55 and health and related claims, 37, 55, 73, 77 risk analysis principles, 59 special diets, 59 see also databases; nutrients nuts, 10, 22, 29, 31, 77 NUTTAB, 15, 52

O objectives accountability, 98

234 INDEX ANNUAL REPORT 2008-2009

organisational, 10–11, 100–101 people and organisational capability, 82 regulatory measures, 22 stakeholders, 64 statutory, 129 occupational health and safety, 91–92 Ofﬁce of Best Practice Regulation (OBPR), 10, 11, 24, 57, 74 Ofﬁce of the Gene Technology Regulator (OGTR), 74 ongoing staff, 87 onion see seed sprouts operating revenue and expenses, 17 organisation and structure, 12–16, 94–96 organisation chart, 14 organisational capability, 83–84, 85–90 outcomes and outputs, 16, 18–20 food regulatory outcomes, 22 overview accountability, 99–100 corporate, 10–17 people and organisational capability, 83–84 regulatory measures, 23–25 stakeholders, 65–67

P packaged alcohol, 37 paid Applications, 93 Papua New Guinea, 75 Parliament, interaction with, 103–104 Parliamentary Liaison Ofﬁcer, 103 Parliamentary procedures, 103 Parliamentary Secretary, 10, 16, 103 part-time staff, 86, 87 partnerships, 73–75 pasteurised dairy industry, 39–40 pay see remuneration Peacock, Emma, 90 peanuts, 10, 22, 29, 31 peer recognition of achievement, 93 perceptions of stakeholders, 65

INDEX 235 FOOD STANDARDS AUSTRALIA NEW ZEALAND

performance, 18–20 accountability, 98 financial, 16 people and organisational capability, 82 regulatory measures, 22 reporting of, 16 stakeholders, 64 performance appraisal of staff, 88 performance bonuses, 95 performance measurement, 110 performance payments, 95 personnel see staff pesticide residues, 50, 60 pests and diseases, control of, 33 Philippines, 75 phospholipase, 33 phytosterols, 32 pigs, 40 Pihema, Hikihiki, 105, 209 plans and planning business, 107, 109 compliance for egg industry, 39 coordinated food survey, 72 corporate, 18, 109 disability, 92 disaster recovery, 107 financial, 17 fraud control, 106 standards development, 26–27, 83 plants and plant products, 40 plastic items or containers, 44, 77 Population Health, 18 pork, 47 Portfolio Budget Statements 2008-09: Health and Ageing Portfolio, 16, 18, 19, 99, 109 portfolios agriculture, 25 consumer affairs, 25 finance and deregulation, 57 industry, 25 potato, 32

236 INDEX ANNUAL REPORT 2008-2009

poultry meat, 39, 59, 141–142 powers see roles and functions pre-market approvals, 31–32 pregnancy advice, 70, 79, 80 and alcohol consumption, 24, 37, 73 and caffeine consumption, 44 and neural tube defect (NTD), 34 presentation skills, 89 preservatives, 30–31, 43 see also food additives Priestly, Professor Brian, 54 primary production and processing standards, 12, 24, 38 for plants and plant products, 40 Principal Food Technologist, 72 print media, 76 priorities and performance, 18–20 priorities determined by Board, 110 Prioritisation Model Score, 83 prioritisation of projects, 5, 83 problems associated with Applications and Proposals, 22, 24 processes and procedures for assessment of Applications and Proposals, 27, 83, 126–131 new procedures, 127 old procedures, 129–130 processing aids, 33, 38 guidance documents, 51 and nanotechnology, 46 procurement see purchasing professional development see staff learning and development professionalism, 66 program reporting, 19–20, 110 project management audit, 106 course for staff, 88 projects ﬁnalised, 111–115 Proposals, 28 ﬁnalised, 28 prepared before 1 October 2007, 26, 116–119 prepared from 1 October 2007 onwards, 27, 119–125

INDEX 237 FOOD STANDARDS AUSTRALIA NEW ZEALAND

problems associated with, 22, 24 processes and procedures for assessment, 27, 83, 126–131 statutory objectives, 129 see also gazettals Proposed Draft Guidelines for the Control of Campylobacter and Salmonella spp. in chicken meat, 59 public comment, 15 public consultation, 13, 39, 41, 130 public health see health and safety public health associations, 102 Public Register, 71, 192–193 Public Relations Institute Golden Target awards, 80 publications, 76, 177–190 guidance documents, 51 interest group newsletters, 35 royalties on, 16 purchasing, 107, 108 consultants and contractors, 109, 194–197

Q Quadrilateral Group Food Safety Group, 60 member nations, 56 Social Research Coordination Group, 56 Working Groups, 60 Quality Adjusted Life Days, 57 Quarterly Awards, 93 Question Time, 103

R radish see seed sprouts ratite meat, 40 raw meat sausages, 30–31 raw milk products, 23, 25, 39–40, 55, 74, 77 readability of presentation of conclusions, 68 of scientiﬁc reports, 42 recalls, 12, 48, 49, 78 Food Surveillance News, 77–78 web seminars, 79

238 INDEX ANNUAL REPORT 2008-2009

recognition of staff, 93 records, 108 Records Management Policy, 108 recruitment see appointments to staff reduced-fat cheese, 32 reduced staff levels, 7 reference groups, 71 register see Public Register regulatory analysis, 22, 24, 56–57 regulatory impact statements, 15, 24 regulatory measures, 22–62, 46 evaluation of, 57–58 implementation of, 35 Ofﬁce of Best Practice Regulation, 10, 11, 24, 57, 74 performance, 19, 22 regulatory partners and stakeholders, 64, 71 regulatory science, 24 rejection of submissions, 128 remuneration, 91 performance bonuses and payments, 85 reporting performance against outputs, 16 on program basis, 19–20, 110 reputation, 65–67 Reputation Management Strategy, 7 requests to examine Public Register, 71, 192–193 requests under FOI legislation, 103, 192 residues agricultural, 33, 50, 73 pesticide, 50, 60 veterinary, 33, 50, 73 resilience, 89 responsibilities see roles and functions responsiveness to requests, 103 retention of staff, 87 review and research documents, 193 reviews (evaluation and monitoring) emerging issues, 78 energy, 108

INDEX 239 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Evaluation Strategy 2009-2013, 54 food composition program, 52 food labels, 8, 58 food standards, 30–31, 37 internal audit plan, 106 internal purchasing processes, 106 ISC work program, 72 mandatory fortiﬁcation, 45 science strategy, 41 stakeholder relations, 64 trans fatty acids, 45 reviews (food standards), 30–31 see also Ministerial Council Reviews; risk assessment rewards and recognition, 84, 93 rice, 32 Riley, Helen, 90 risk analysis, 13, 51 food standards based on, 11, 42 Nutritional Risk Analysis Principles, 59 workshops, 93 Risk Assessment Branch, 94 risk assessments (safety assessments), 18, 25, 41 Bisphenol A, 44 chemical and microbiological, 10, 23, 61 fraud, 106 of nanotechnology, 46 of raw milk products, 55 surveillance activities, 50 use of Codex in, 24 risk management, 105–106 business continuity, 86 Finance, Audit and Risk Management Committee, 16, 105 of melamine adulteration of dairy products, 48 mitigation control measures, 39 and regulatory measures, 23 and reputation, 67 and surveillance activities, 50 roles and functions, 10–12, 65, 100–103, 174–176 Rong, Zhang, 75 royalties on publications, 16 RSPCA, 84

240 INDEX ANNUAL REPORT 2008-2009

S safety see health and safety safety standards see food standards safflower oil, 32 salaries see remuneration Salminen, Professor Seppo, 54 Salmonella contamination, 39, 40, 59 Salmonella Oranienburg, 40 salt, 34, 77, 80 sausages, 30–31 schools, 79 Science Network Forum, 137–138 Science Network Forum Workshops, 54 science of regulation, 24 Science Strategy 2006-09, 41 Science Strategy 2010-15, 42 scientific advisory groups for dairy, 136 for eggs, 137 for epidemiology, 64, 135 for folate, 135 for infant and child health, 136 iodine, 136 scientific capability, 41–42 scientific evidence base, 22, 25, 42, 52–53, 68, 83, 86 scrutiny, 57, 105 see also audits; reviews (evaluation and monitoring) secondment of staff, 86, 89 Section Managers, 95 security (physical and information handling), 107 seed sprouts, 40, 70, 142 seminars see workshops and seminars Senate Estimates, 104 Senior Executive Service (SES) staff, 86, 88 senior management, 7, 95–96 separations of staff, 87 service charter, 103 services and responsibilities of organisation, 66 sesame seeds, 31

INDEX 241 FOOD STANDARDS AUSTRALIA NEW ZEALAND

setting food standards, 11, 25, 67, 74 sheep, 40 Shepherd, Professor Richard, 54 Singapore, 79 Skeaff, Professor Murray, 54 small agency syndrome, 8 Smith, Professor Anthony, 54 Smith, Philippa, 105, 207 social justice and equity, 92 social networking sites, 78 social sciences and consumer, 54–56 sodium, 52 Southampton Study (UK), 30, 43 soybean, 31, 32, 40, 48 see also seed sprouts speaking engagements, 200–204 special diets, 59 see also allergens spina biﬁda, 34 sprouts see seed sprouts staff, 82–96 attraction and retention of, 5 career opportunities, 8 Fellows presentations to, 54 Maori Cultural Awareness Training, 71 reduction of, 7 satisfaction, 8 senior management, 95–96 see also occupational health and safety staff appraisal, 88 staff exchange with the United Kingdom Food Standards Agency, case study, 90 Staff Forum, 84, 93 staff learning and development, 42–43, 83, 84, 88–89, 103 Staff Long Term Service, 93 staff retention and turnover, 87 staff rewards and recognition, 84, 93 Stakeholder Engagement Strategy, 7 stakeholders, 64–80 accountability to, 101–103

242 INDEX ANNUAL REPORT 2008-2009

dietary modelling advisory group, 53 expectations of, 5 impact of regulatory changes on, 57 Stakeholder Engagement Strategy, 7 views and opinions of, 7 standards see food standards Standards Australia, 74 standards development committees dairy (raw milk products), 139–140 eggs and egg products, 140 health claims, 139 meat and meat products, 141 poultry meat, 141–142 primary production and processing standard for seed sprouts, 70 seed sprouts, 142 Standard Development Committee, 40 Standards Development Work Plan, 26–27, 83 statutory objectives, 129 statutory timelines, 83 steviol glycosides, 33 Stockwell, Dean, 96 Strategic Internal Audit Plan (SIAP), 106 stress in the workplace, 89 structure see organisation and structure student projects, 54, 61–62 sugar beet, 32 sugar-free chewing gum, 35 sulphites, 30 surveillance and monitoring, 72, 78 surveillance activities, 12, 50 surveys added food colours, 50–51 Australian children’s nutrition and physical activity, 30, 31, 52 Comcover risk management, 106–107 consumer attitudes, 8 Coordinated Food Survey Plan, 50, 72 dairy products, 47 food allergen labelling, 58 food handling, 58 food labelling, 8, 58

INDEX 243 FOOD STANDARDS AUSTRALIA NEW ZEALAND

Kids Eat Kids Play, 52 melamine in foods, 47–48 New Zealand children’s nutrition, 52 staff, 84 trans fatty acids, 52 sushi, 50 sweeteners, 33, 77 Symmans, Owen, 105

T table spreads, 32 Tamplin, Professor Mark, 54 Tasmania, 40, 86 tea, 44 technologies for food production, 23 teleconferences, 105 television advertising to children, 73 tertiary education institutions, 79 Therapeutic Goods Administration (TGA), 45, 72, 74–75 thiamin, 72 Tikanga Maori (customary practices), 71 timelines, statutory, 83 timeliness of briefings and advice, 104 of management of food emergencies and public health issues, 22 tomatoes, 77 Torres Strait Islander people on staff, 88 toxicants, natural, 51 training food standards in Asia-Pacific Region, 76 to visiting food safety officials, 75 trans fatty acids (TFA), 30, 45, 52, 77 Treaty between Australia and New Zealand, 102–103 tree nuts, 31 trust, 66 turnover of staff, 87

U United Kingdom, 79

244 INDEX ANNUAL REPORT 2008-2009

United Kingdom Food Standards Agency (UKFSA), 43, 61, 65, 72 United States, 56, 60, 75, 79 United States Food and Drug Administration (USFDA), 44, 61 unpasteurised milk products, 23, 25, 39–40, 55, 74, 77 unscheduled absences, 91–92 urgent Applications and Proposals, 27 User Guides, 35

V vaccination of staff, 91 Verger, Dr Philippe, 53 veterinary chemicals see agricultural and veterinary chemical residues Victoria, 40 Video Education Australasia, 79 videos, 70, 79, 80 Viet Nam, 75 vision statement, 10, 101, 109 vitamins, 35 voluntary fortiﬁcation of foods, 35–36, 58

W Waitangi Day Achievement Award, 93 water, addition of fluoride to, 30, 36 website and new media, 16, 35, 70, 76, 78–79 seminars, 79 weight management, 32 Wellington office, 12, 72, 78, 85, 91, 192 wellness program, 84, 92 Western Australia, 40, 52 WHO (World Health Organisation), 60, 61 whole-of-government consensus, 7 wild-game animals, 40 Williams, Dr Pamela, 105, 209 Williams, Associate Professor Peter, 209–210 Windows mobiles, 85 wine, isinglass-fined, 38 women staff, 86 workplace agreements, 91

INDEX 245 FOOD STANDARDS AUSTRALIA NEW ZEALAND

workplace diversity, 92 Workplace Giving Program, 84 Workplace Harassment Policy, 84, 92 workplace health and safety, 91–92 workplace stress, 89 workshops and seminars FAO/IAEA Regional Training Workshop, 76 Quadrilateral Social Research Coordination Group, 56 risk analysis, 93 Science Network Forum, 54 web seminars, 79

Y Yan, Dr William, 33 Yates, Dianne, 105, 210 Yeo, Dr Charles, 93

246 INDEX

Annual Report 2008 - 2009 - 2008 Report Annual FOOD STANDARDS Australia New Zealand Annual Report 2008-2009