Application A412 - Statement of Reasons

24 May 2000

12/00

STATEMENT OF REASONS

The Australia New Zealand Food Authority has before it applicationA412(received on 27 April 2000), from the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) to amend the AustralianFood Standards Codeto establish a maximum residue limit (MRL) of 20 mg/kg for ethylene oxide (EtO) in herbs and spices.

ANZFA has completed a full assessment of the application, prepared draft variations to the AustralianFood Standards Code.

ANZFA has decided, pursuant to section 37 of theAustralia New Zealand Food Authority Act 1991,to progress this application as a matter of urgency in order to avoid compromising the objective set out in subsection 10(1)(a) of the Act, namely the protection of public health and safety.

The Authority has recommended to the Australia New Zealand Food Standards Council that it adopt the draft variation to theFood Standards Codefor the following reasons:

· The MRL for EtO has been recommended by the NRA after the granting of an Emergency Use Permit for fumigant use of EtO on herbs and spices on 20 April 2000.

· The use of EtO of herbs and spices is required to reduce microbial contamination. The alternative decontamination method, namely irradiation, is not yet available for herbs and spices.

· The MRL of 20 mg/kg is set at a level consistent with good agricultural practice.

· On the basis of the report entitledCancer Risk Assessment of Ethylene Oxide Residues in New Zealand Spicesprepared by the New Zealand Institute of Environmental and Scientific Research (ESR), there is negligible cancer risk to consumers from EtO residues in spices.

· The MRL will expire on 30 September 2001, which is the date of expiration of the Emergency Use Permit.

· The MRL for EtO is predicated on a timely industry application to vary Standard A17 - Irradiated Food - to permit irradiation of herbs and spices.

The commencement date of the draft variation is to be from the date of gazettal.

NEW ZEALAND ARRANGEMENTS

In accordance with the transitional arrangements for food standards between Australia and New Zealand, individual country MRLs for agricultural and veterinary chemicals continue to apply for these standards and this application proposes changes for MRLs for food sold in Australia, whether imported or domestically produced.

Food sold in Australia which is either domestically produced or imported (other than from New Zealand) must comply with the Australian MRLs (ie in theFood Standards Code). Food imported from New Zealand must comply with either the New Zealand MRLs (ie in the New ZealandFood Regulations 1984) or the Australian MRLs.

Food sold in New Zealand which is either domestically produced or imported (other than from Australia) must comply with the MRL provisions in the New ZealandFood Regulations 1984.Food imported from Australia must comply with either the New Zealand MRLs or the Australian MRLs.

DRAFT VARIATION TO THE AUSTRALIANFOOD STANDARDS code

Explanatory Note: This is a new MRL for an agricultural chemical not previously listed in Standard A14.

To commence:On gazettal

Standard A14is varied by inserting in column 1of Schedule 1 the chemical (shown in bold type) and inserting in column 1 and 2 respectively of Schedule1 the food and maximum residue limit for that food, listed below-

FOOD STANDARDS SETTING IN AUSTRALIA AND NEW ZEALAND

The Governments of Australia and New Zealand entered an Agreement in December 1995 establishing a system for the development of joint food standards. The Australia New Zealand Food Authority is now developing a jointAustralia New Zealand Food Standards Codewhich will provide compositional and labelling standards for food in both Australia and New Zealand.

Until the jointAustralia New Zealand Food Standards Codeis finalised the following arrangements for the two countries apply:

· Food imported into New Zealand other than from Australia must comply with either the AustralianFood Standards Code, as gazetted in New Zealand, or the New ZealandFood Regulations 1984,but not a combination of both. However, in all cases maximum residue limits for agricultural and veterinary chemicals must comply solely with those limits specified in the New ZealandFood Regulations 1984.

· Food imported into Australia other than from New Zealand must comply solely with the AustralianFood Standards Code.

· Food imported into New Zealand from Australia must comply with either the AustralianFood Standards Codeor the New ZealandFood Regulations 1984,but not a combination of both.

· Food imported into Australia from New Zealand must comply with the AustralianFood Standards Code. However, under the provisions of the Trans-Tasman Mutual Recognition Arrangement, food may be imported into Australia from New Zealand if it complies with the New ZealandFood Regulations 1984orDietary Supplements Regulations 1985.

· Food manufactured in Australia and sold in Australia must comply solely with the AustralianFood Standards Code, except for exemptions granted in Standard T1.

In addition to the above, all food sold in New Zealand must comply with the New ZealandFair Trading Act 1986and all food sold in Australia must comply with the AustralianTrade Practices Act 1974,and the respective Australian State and TerritoryFair Trading Acts.

Any person or organisation may apply to the Authority to have theFood Standards Codeamended. In addition, ANZFA may develop proposals to amend the AustralianFood Standards Codeor to develop joint Australia New Zealand food standards. ANZFA can provide advice on the requirements for applications to amend theFood Standards Code.

Any person or organisation may apply to the Authority to have theAustralian Food Standards Codeamended. In addition, the Authority may develop proposals to amend theAustralian Food Standards Code. The Authority can provide advice on the requirements for applications to amend the Australian Food Standards Code.

FURTHER INFORMATION

Submissions: Submissions on this matter are not being sought as the Authority has completed its assessment of this matter and a recommendation is with the Australia New Zealand Food Standards Council for consideration as a matter of urgency. Should the Council agree to the recommendation the Authority will then conduct an inquiry into this matter, which may or may not include a request for public submissions.

Further informationon this and other matters should be addressed to the Standards Liaison Officer at the Australia New Zealand Food Authority at one of the following addresses: