26 March 2012
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On 26 March 2012, Food Standards Australian New Zealand (FSANZ), released a consultation paper on a proposed new approach to regulating nutritive substances and novel foods.
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Under the current Australia New Zealand Food Standards Code (the Food Standards Code):
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- “nutritive substances” are defined in Standard 1.1.1 as foods that are not normally consumed as a food on their own or used as an ingredient, but which are intentionally added to a food to achieve a nutritional purpose, for example, an amino acid; and
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- “novel foods” are defined in Standard 1.5.1 as foods or substances that do not have a history of human consumption.
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The current Food Standards Code prohibits the addition of nutritive substances to foods and the sale of novel foods, unless pre-market assessment is undertaken and approval is given by FSANZ to market these foods.
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The consultation paper focuses on the problems associated with the lack of clarity and uncertainties in the regulation of nutritive substances and novel foods. While FSANZ does not recommend any changes to the Food Standards Code at this stage, it invites comments in response to the consultation paper. If warranted, FSANZ may further this matter by introducing proposals for regulatory reform.
Submissions may be lodged with FSANZ by 21 May 2012. To make a submission, please follow the guidelines provided by FSANZ.
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If you would like any assistance in making a submission to FSANZ, or need any other advice in relation to legal issues relating to food standards, product labelling or advertising, please contact:
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