FSANZ Act 1991 + Food Standards Code: Structure of Chapters and Schedules 1-29
How the Food Standards Australia New Zealand Act 1991 establishes the Food Standards Code and the role of Standards, Chapters and Schedules.
The FSANZ Act and Code architecture
The Food Standards Australia New Zealand Act 1991 (Cth) provides the legal basis for the creation of food standards. This Act enables Food Standards Australia New Zealand (FSANZ), a bi-national statutory authority, to develop these standards in collaboration with state, territory and New Zealand governments.
The standards developed by FSANZ collectively comprise the Australia New Zealand Food Standards Code. This Code functions as a single legislative instrument, with all standards being read together. Spam Act 2003 consent and identification
The definitive version of the Food Standards Code is accessible on the Federal Register of Legislation. FSANZ also provides a consolidated PDF version of the Code to facilitate easier reference.
Chapters of the Code
The Food Standards Code is structured into chapters, each addressing specific areas of food regulation. Chapter 1 outlines general food standards that apply to all foods. This includes requirements relating to labelling, permitted additives, contaminants, nutrition, novel foods, and genetically modified foods. Standard 1.1.1 details the overall structure of the Code, while Standard 1.1.2 provides definitions used consistently throughout. ICA general insurance code of practice
Chapter 2 focuses on food product standards, establishing specific requirements for various food categories. Examples of these categories include cereals, meat, fish, fruit and vegetables, and dairy products. Chapters 3 and 4 contain standards that are specific to Australia.
Chapter 3 addresses food safety standards, encompassing food safety practices, premises, and equipment. Chapter 4 details primary production and processing standards for foods such as dairy, seafood, and eggs.
Schedules 1 to 29
Schedules 1 to 29 provide supplementary technical detail that follows the Chapters of the Food Standards Code. These Schedules include information such as permitted additives, processing aids, vitamins and minerals, contaminants, and microbiological limits.
Schedule 4 specifically contains the requirements relating to nutrition, health and related claims. It is important to note that these Schedules are part of the Code’s legislative instruments.
The Schedules have the same legal status as the Standards they support. FSANZ’s consolidated compilation includes all 80 Standards and the 29 Schedules.
How the Code is enforced
Enforcement of the Food Standards Code is the responsibility of state and territory food regulators, rather than FSANZ itself. Each state and territory incorporates the Code into their respective Food Acts, thereby establishing it as legally enforceable within their jurisdiction. Penalties for non-compliance, such as supplying unsafe food or providing false labelling information, are determined by these state and territory Food Acts.
For imported food, the Imported Food Control Act 1992 (Cth) governs compliance with the Code. The Department of Agriculture is responsible for enforcing this legislation.
FSANZ coordinates food recalls in conjunction with state and territory food regulators. Information regarding these recalls is publicly available on the FSANZ website.
Frequently asked
Does the Food Standards Code apply in New Zealand?
Chapters 1 and 2 apply in both Australia and New Zealand. Chapters 3 (food safety) and 4 (primary production and processing) apply only in Australia, since New Zealand has its own food safety legislation.
Who enforces the Food Standards Code in Australia?
State and territory food regulators (e.g. NSW Food Authority, Victoria DH, Qld Health) enforce the Code through their respective Food Acts. The Department of Agriculture, Fisheries and Forestry enforces it for imported food.