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Proposal P1008 – Code Maintenance Proposal – Assessment Report

19 May 2009

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.

Comments in this submission are set out with numbers and titles directly relating to Attachment 1 – Draft Variations to the Australia New Zealand Food Standards Code (i.e pages 22 to 35 of P1008). Where no comment is made, NZFSA agrees with the changes proposed in Attachment 1.

[5] Standard 1.3.1 of the Australia New Zealand Food Standards Code is varied by –

[5.1] omitting the Purpose, substituting –

Purpose

First paragraph - NZFSA supports this change to the Purpose statement; however we suggest that the restriction on the extent of extraction or selective production contained in exemption 3 should also apply to aqueous extracts of foods. This could be achieved by combining points 2 and 3 (or by repeating the restriction in point 3, in point 2) as shown below. We suggest the following changes, shown in bold..

1. foods in dried or concentrated form

2. aqueous extracts of foods and/or substances derived from foods through physical, enzymatic or mechanical processes (e.g. juicing, cooking); provided that these processes do not result in the selective extraction or selective production of a specific chemicals or compounds that have a food additive technological function in food.

Third paragraph - The third paragraph of the proposed purpose statement begins with “Additives can only be added….”. It is our view that this should be amended to “Food Additives can only be added…..”

General comment regarding the Purpose statement – In our view, the purpose clause should be limited to a simple statement of the standard’s purpose. A substantive rule or definition should not be included in a purpose clause as these belong in the main body of the standard. Accordingly, NZFSA’s is of the view that the definition of a “food additive” would be better placed in the definition section, as is the case for processing aids and novel foods.

Comment on clause headings – All references to “additives” in the clause headings in standard 1.3.1 should instead refer to “Food additives”.

[5.3] omitting clause 6, substituting -

6 Additives performing the same function

NZFSA supports the change, but suggests the following extra text shown in bold, in order to allow the option to vary from this provision.

(1) Where a food contains a mixture of food additives that perform the same technological function, the sum of the proportion of these additives in the food must not be more than 1, unless specifically permitted in the Code.

[5.18] omitting the heading to Schedule 4 wherever appearing, substituting –

NZFSA agrees with the intent of the proposed change, but suggests the following amendments (shown in bold, and strike through):

Colours permitted singularly or in combination to a total maximum level of 290 mg/kg in processed foods and to a total maximum level of 70 mg/L in beverages other than beverages specified in Schedule 1

[6] Standard 1.3.2 of the Australia New Zealand Food Standards Code is varied by

omitting from clause 1 the definition of claimable food, substituting –

NZFSA agrees with the proposed changes, with the following suggested amendments shown in bold, i.e. the addition of the word “either” after (a), and deletion of the punctuation sign at the end of (b)(ii).

claimable food means a food which consists of at least 90% by weight of –

(a) either –

(i) primary foods; or

(ii) foods listed in the Table to clause 3; or

(b) a mixture of –

(i) primary foods; and/or

(ii) water; and/or

(iii) foods listed in the Table to clause 3 excluding butter, cream and cream products, edible oils, edible oil spreads and margarine.

[7] Standard 1.3.3 of the Australia New Zealand Food Standards Code is varied by –

[7.1] inserting, following the definition of processing aid, in clause 1 –

silica or silicates includes sodium calcium polyphosphate silicate, sodium hexafluorosilicate, sodium metasilicate, sodium silicate, silica and modified silica that complies with a monograph specification in clause 2 or clause 3 of Standard 1.3.4.

NZFSA comments that this amendment only refers to the insertion of the above definition. It also needs to state that the existing definition needs to be omitted. NZFSA also considers that the entries for calcium aluminium silicate, calcium silicate, and magnesium silicate and sodium aluminosilicate should remain in the above amended definition, as users of the Code may not realise that there is a further permission in standard 1.3.1, schedule 2. If this is not possible, an editorial note is suggested to state this.

[9] Standard 1.4.1 of the Australia New Zealand Food Standards Code is varied by

[9.4] inserting in the Table to clause 5, in alphabetical order –

The ML for Tutin to cease on 31 March 2011

Tutin

Tutin in honey 2

Tutin in honey comb 0.1

NZFSA welcomes this amendment, however we suggest that the last entry should read ‘Tutin in comb honey’, rather than ‘Tutin in honey comb’.

[14] Standard 2.1.1 of the Australia New Zealand Food Standards Code is varied by –

To commence on: 13 September 2009

[14.1] omitting the definition of bread from clause 1, substituting –

bread means the product made by baking a yeast – leavened dough prepared from one or more cereal flours or meals and water, but in relation to mandatory fortification of bread, does not include –

(a) pizza bases;

(b) breadcrumbs;

(c) pastries;

(d) cakes, including but not limited to brioche, panettone and stolen;

(e) biscuits; or

(f) crackers.

NZFSA welcomes this proposed amendment, however it should be noted that the spelling is ‘stollen’ and not ‘stolen’.

[16] Standard 2.6.3 of the Australia New Zealand Food Standards Code is varied by –

[16.1] omitting the Purpose, substituting –

Purpose

NZFSA agrees with the modified purpose statement, and agree with removing the reference to the New Zealand Dietary Supplements Regulations (1985). This reference should also be removed from the existing clause 2 (see comments in section [16.3] below).

[16] Standard 2.6.3 of the Australia New Zealand Food Standards Code is varied by –

[16.3] omitting clause 2, substituting –

NZFSA has the following comments on the proposed clauses 2(1) and 2(2):

Clause 2(1) as proposed by FSANZ

The prohibition in existing Standard 2.6.3 currently provides that "Kava must not be used as an ingredient in foods other than those products regulated under the Dietary Supplements Regulations (1985) in New Zealand as in force on 1 January 2000".

The proposed prohibition provides that "kava or any derived substance must not be sold or present in a food unless it is a beverage obtained by cold water extraction, or the dried or raw form of the peeled root and/or peeled rootstock of plants of the species Piper methysticum. The new prohibition is allowing kava (by cold water extraction or in the dried or raw form) to be present in food. This is a change in policy as it was previously not allowed.

Clause 2(2) as proposed by FSANZ

The proposed clause 2(2) is exactly the same as the current prohibition clause in the standard. Clause 2(2) is in conflict with clause (2)(1) given that clause 2(2) prohibits kava from being used as an ingredient in foods, while clause 2(1) allows kava (by cold water extraction or in the dried or raw form) to be present in a food.

The words "other than those products regulated under the Dietary Supplements Regulations (1985) in New Zealand as in force on 1 January 2000" are not relevant and do not have any effect. It is our view that these words should be deleted from the revised Standard 2.6.3.

NZFSA’s proposed drafting for the new clause 2 is as follows (note that there is no longer a reference to the Dietary Supplements Regulations):

2 Prohibition

(1) Piper methysticum (kava) or any derived substance must not be sold unless it is:

(a) a beverage obtained by cold water extraction; or

(b) the dried or raw form;

of the peeled root and/or peeled rootstock of plants of the species Piper methysticum

(2) Kava must not be used as an ingredient in foods.

Yours sincerely