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Application P305 – EXCLUSIVITY OF NOVEL FOODS – Initial/Draft Assessment Report

10 August 2007

Dear Sir/Madam

Thank you for the opportunity to comment on this proposal. The New Zealand Food Safety Authority (NZFSA) has the following comments to make.

NZFSA supports the FSANZ preferred approach (Option 1), which is to “Include in the Standard a provision for exclusive permissions for novel foods, relating to a specific brand within a specific class of food, for a period of 15 months, followed by the reverting of this exclusive permission to a generic provision”.

We do, however, have the following comments to make on matters which need to be addressed by FSANZ in the Draft or Final Assessment Report.

• The Draft Variation contained at Attachment 1 should specify the extent to which the New Zealand 28 day rule will be factored into the 15 month period. In the event that Option 1 of this proposal is adopted, gazettal in Australia of any amendments to the Novel Food Standard resulting from an approved application for an exclusive permission would be followed by gazettal in New Zealand. However the 28 day rule that applies in New Zealand means that approval of the product on the New Zealand market would not apply until 28 days after gazettal in New Zealand.

• It should be made clear what process will be followed if other applications are received by FSANZ which mirror an application already received, seeking the exclusive use of a novel food. Will all applications be considered, with a possible outcome of two or more commercial brands listed in the Standard?

Yours sincerely