Anwendungsbereich des Regulatory Essentials
Geltende Rechtsvorschriften:
Australia and New Zealand Food Standards Code, contains four chapters:
1) Introduction and standards that apply to all foods;
2) Food standards;
3) Food safety standards; and
4) Primary production standards.
Attention: Chapters 3 and 4 apply only in Australia, not in New Zealand.
Food Contact Substances defined under the Code are:
- Food additives
- Processing aids
- Food Package
1.1.2—11 Definition of "used as a food additive, etc": Food additives are defined as substances added to food to perform one or more technological functions in the finished food.
1.1.2—13 Definition of "used as a processing aid". Processing aids include substances used to perform a technical purpose during food processing, but not in the finished food
1.1.2 Definition of "package":
(a) means any container or wrapper in or by which food for sale is wholly or partly encased, covered, enclosed, contained or packaged; and
(b) if food is carried or sold or intended to be carried and sold in more than one package—includes each package; and
(c) does not include:
(i) a bulk cargo container; or
(ii) a pallet overwrap; or
(iii) a crate and packages which do not obscure labels on the food; or
(iv) a transportation vehicle; or
(v) a vending machine; or
(vi) a hamper; or
(vii) a container or wrapper (including a covered plate, cup, tray or other food container) in which food is served in a prison, hospital or medical institution; or
(viii) for Standard 2.9.5—a covered plate, cup, tray or other food container in which food for special medical purposes is served by a *responsible institution to a patient or resident.
Standard 1.4.1 - Contaminants and natural toxicants (limits for metal/non-metal contaminants, natural toxicants, average and maximum levels of mercury in fish). - Reference: Schedule 19
Food Standards Australia New Zealand Act 1991
Division 2—Food regulatory measures
16 Matters that may be included in standards and variations of standards
(1) Standards, and variations of standards, developed by the Authority may relate to any of the following:
(a) the composition of food, including:
(i) the maximum amounts of contaminants or residues that may be present in the food; and
(ia) the maximum or minimum amounts of additives that must or may be present in the food; and
(ii) its microbiological status and safety; and
(iii) the method of sampling and testing the food to determine its composition;
(b) the production of food;
(c) the handling of food;
(ca) the prohibition of the sale of food:
(i) either in all circumstances or in specified circumstances; and
(ii) either unconditionally or subject to specified conditions;
(d) any information about food including labelling, promotion and advertising;
(e) the knowledge, skill, health and hygiene requirements for people handling food;
(f) the responsibilities of businesses that are handling food relating to any hygiene requirements in force under paragraph (e) for people involved in the business who are handling food;
(g) the responsibilities of businesses that are handling food to ensure that information in connection with hygiene requirements in force under paragraph (e) that is provided by individuals involved in the business and who are handling food remains confidential except in specified circumstances;
(h) the use of devices of a particular standard to measure the temperature of food;
(i) the design, construction, maintenance and cleanliness of:
(i) premises (including fittings and fixtures) at which food is handled; or
(ii) equipment (including single use items) used to handle food; or
(iii) vehicles used to transport food;
(j) the information that a business that handles food may be required to give about the business to State or Territory authorities;
(k) restrictions on the premises at which, and the persons by whom, particular food may be sold or otherwise supplied;
(l) restrictions on the publications that may contain advertisements for particular food;
(m) requirements relating to animals and pests at premises in which food is handled, or in vehicles in which food is transported;
(n) the interpretation of other standards;
(o) the application of standards;
(p) such other public health matters relating to food as are prescribed.
(2) Without limiting subsection (1), a standard may relate to:
(a) a class of food generally; or
(b) a particular brand of food.
Article 4 - The purpose of this Act is to:
(a) restate and reform the law relating to how persons trade in food; and
(b) achieve the safety and suitability of food for sale; and
(c) maintain confidence in New Zealand’s food safety regime; and
(d) provide for risk-based measures that—
- (i) minimise and manage risks to public health; and
- (ii) protect and promote public health; and
(e) provide certainty for food businesses in relation to how the requirements of this Act will affect their activities; and
(f) require persons who trade in food to take responsibility for the safety and suitability of that food.
Article 5:
This Act applies to food for sale and food-related accessories.
Definition of "food-related accessory": (Article 8 - Interpretation)
(a) means any thing that is used, or represented for use, in or for the production, processing and handling, sale, or consumption of food; and
(b) includes a package or anything that is enclosed with, attached to, in contact with, or contained in food
Definition of "package" (Article 8 - Interpretation)
(a) includes anything in or by which food for carriage or for sale may be wholly or partly encased, covered, enclosed, contained, or packed; and, for food sold or carried or intended for sale or carriage in more than 1 package, includes every such package; but
(b) does not include any of the following:
- (i) bulk cargo containers:
- (ii) pallet overwraps:
- (iii) crates and packaging that do not obscure labels on the food:
- (iv) craft and vehicles
Regulations for packaging and accessories for processing and recall
Article 25 - Packaging and other food-related accessories
The operator must ensure that food-related accessories—
(a) are able to maintain the safety and suitability of food (to the extent that maintaining the safety and suitability of food is their intended use); and
(b) do not create or contribute to hazards.
Article 27 Recall of food or food-related accessory
(1) The operator must have procedures for the recall of—
(a) food sold by the food business that is not safe or suitable, or whose safety or suitability is in doubt; and
(b) any food-related accessory sold by the food business—
(i) that has, or for which there is doubt about whether it has, contaminated food or caused food to no longer be safe or suitable; or
(ii) for which there is doubt about whether it may contaminate food.