Part 1
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Commonwealth act
The Act creates Food Standards Australia New Zealand (FSANZ), the joint Australia–New Zealand agency that sets science‑based rules for food safety, labelling and claims. It affects consumers, food businesses, importers and government regulators by governing what can be in food, how it’s labelled, and how risks are managed.
FSANZ assesses proposals, consults the public, coordinates recalls and helps harmonise standards across both countries, prioritising public health and accurate information for consumers.
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Direct links to the current provisions in Food Standards Australia New Zealand Act 1991.
This Act may be cited as the Food Standards Australia New Zealand Act 1991.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
The object of this Act is to ensure a high standard of public health protection throughout Australia and New Zealand by means of the establishment and operation of a joint body to be known as Food Standards Australia New Zealand to achieve the following goals: (a) a high degree of consumer confidence in the quality and safety of food produced, processed, sold or exported from Australia and New Zealand; (b) an effective, transparent and accountable regulatory framework within which the food industry can work efficiently; (c) the provision of adequate information relating to food to enable consumers to make informed choices; (d) the establishment of common rules for both countries and the promotion of consistency between domestic and international food regulatory measures without reducing the safeguards applying to public health and consumer protection.
(1) In this Act, unless the contrary intention appears:
Agvet Code means the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth.
appropriate government agency means:
(a) the relevant Department of State of the Commonwealth, a State, a Territory or New Zealand administered by a Minister who is a member of the Forum on Food Regulation; or
(b) any other body that has an officer on the Food Regulation Standing Committee; or
(c) any other body or officer of the Commonwealth, a State, a Territory or New Zealand that the Authority considers has a particular interest in the relevant matter.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Australia New Zealand Food Standards Code means the code published under the name Food Standards Code in the Gazette on 27 August 1987 together with any amendments of the standards in that code:
(a) approved by a former Council before this Act commenced and published in the Gazette as forming part of that code; or
(b) made under this Act.
Australia New Zealand Joint Food Standards Agreement means the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards, signed at Wellington on 5 December 1995, as amended in accordance with Article 10 of that Agreement.
Authority means Food Standards Australia New Zealand.
Board means the Board of the Authority.
business day means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory or in Wellington, New Zealand.
Chief Officer means:
(a) in relation to a Commonwealth, State, Territory or New Zealand authority—the person who has the responsibility of Executive Officer or Chief Executive Officer of that authority (whether the person is a member of that authority or not); and
(b) in relation to any other authority or body—the person who has the responsibility for the day to day management of that authority or body.
code of practice means a code of practice developed by the Authority under Part 3. However, a code of practice is not a standard.
Commonwealth authority means a body, whether corporate or not, established by the Commonwealth, or by or under a law of the Commonwealth.
confidential commercial information, in relation to food, means:
(a) a trade secret relating to food; or
(b) any other information relating to food that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed.
develop, in relation to a food regulatory measure or a variation of a food regulatory measure, includes:
(a) prepare a draft of the measure or variation; and
(b) approve a draft of the measure or variation.
exclusive capturable commercial benefit has the meaning given by section 8.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
food has the meaning given by section 5.
Food Regulation Agreement means the Food Regulation Agreement, as amended from time to time:
(a) that is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and
(b) that was first made on 3 November 2000 or that was made:
(i) in substitution for that agreement; or
(ii) in substitution for a prior substituted agreement.
Food Regulation Standing Committee means the Committee established under the Food Regulation Agreement.
food regulatory measure means a standard or a code of practice.
former Council means:
(a) the Council of Commonwealth, State and Territory Ministers that was established in 1986 by agreement between the Commonwealth, the States and the Northern Territory and is known as the National Food Standards Council; or
(b) if that Council was reconstituted but continued in existence under that name by agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, whether entered into before or after this Act commences—that Council as so reconstituted and continued in existence; or
(c) if that Council was reconstituted but continued in existence under the name Australia New Zealand Food Standards Council by agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory—that Council as so reconstituted and continued in existence.
Forum on Food Regulation means the Australia and New Zealand Ministerial Forum on Food Regulation established by the Food Regulation Agreement.
general procedure means:
(a) in relation to the consideration of an application—the procedure set out in Subdivision D of Division 1 of Part 3; and
(b) in relation to the consideration of a proposal—the procedure set out in Subdivision D of Division 2 of Part 3.
High Level Health Claims Committee means a committee established under subsection 118(1A) to give advice on applications or proposals to make a high level health claims variation.
high level health claims variation means a variation, the only effect of which is to make a change to the list of high level health claims, as defined for the purposes of the Nutrition, Health and Related Claims Standard, that may be made under that standard.
Maximum Residue Limits Standard means the Maximum Residue Limits Standard as in force from time to time, or any standard in force in substitution for that standard.
member means a member of the Board and includes the Chairperson and the Chief Executive Officer.
New Zealand authority means a body (whether corporate or not) established by New Zealand, or by or under a law of New Zealand.
New Zealand lead Minister on the Forum on Food Regulation means the Minister of the government of New Zealand who is:
(a) a member of the Forum on Food Regulation; and
(b) nominated by the government of New Zealand to be the New Zealand lead Minister on the Forum on Food Regulation.
Nutrition, Health and Related Claims Standard means the Nutrition, Health and Related Claims Standard as in force from time to time, or any standard in force in substitution for that standard.
policy guideline means a guideline formulated by the Forum on Food Regulation for the purposes of paragraph 18(2)(e).
prepare includes process, manufacture and treat.
produce includes prepare.
public notice has the meaning given by section 7.
standard means:
(aa) a standard made under this Act after the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001; or
(a) a standard that has been adopted, or taken to have been adopted, by a former Council under this Act before the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001; or
(b) a standard that is included in the Australia New Zealand Food Standards Code.
However, neither of the following is taken to be part of a standard: (c) text identified as an editorial note; (d) text identified as an example.
State or Territory authority means a body, whether corporate or not, established by a State or Territory, or by or under a law of a State or Territory.
Territory means the Australian Capital Territory and the Northern Territory.
trust money means money received or held by the Authority on trust.
(3) A reference in the definition of Australia New Zealand Food Standards Code in subsection (1) to the amendment of the standards in that code includes, and is taken always to have included, a reference to an amendment by way of the insertion, revocation or substitution of a standard in that code. (4) A reference in this Act to the variation of a food regulatory measure includes, and is taken always to have included, a reference to the revocation of a food regulatory measure.
(1) Food includes: (a) any substance or thing of a kind used, capable of being used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared); and (b) any substance or thing of a kind used, capable of being used, or represented as being for use, as an ingredient or additive in a substance or thing referred to in paragraph (a); and (c) any substance used in preparing a substance or thing referred to in paragraph (a); and (d) chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum; and (e) any substance or thing declared to be a food under a declaration in force under section 6. (It does not matter whether the substance, thing or chewing gum is in a condition fit for human consumption.) (2) However, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989. (3) To avoid doubt, food may include live animals and plants.
(1) After consulting the Authority, the Minister may, by legislative instrument, declare that a substance or thing is food for the purposes of this Act.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration: see subsection 54(1) of that Act.
(2) The Minister must cause a copy of the declaration to be published in the New Zealand Gazette. (3) A declaration takes effect on the day specified in the declaration. That day must not be a day before the declaration is published.
The Authority satisfies a requirement under this Act to give public notice of a particular matter by: (a) publishing notice of the matter on the Authority’s website; and (b) giving written notice of the matter to each appropriate government agency; and (c) if the requirement to give notice arises in the course of considering an application to develop or vary a food regulatory measure—giving written notice of the matter to the applicant; and (d) if the Authority has called for submissions in the course of considering an application or proposal for the development or variation of a food regulatory measure—giving written notice of the matter to each of the persons invited to make a submission who made a submission within the relevant submission period; and (e) giving written notice to any other person or body whom the Authority considers appropriate.
An exclusive capturable commercial benefit is conferred upon a person who applies for the development of a food regulatory measure or the variation of a food regulatory measure under section 22 if: (a) the applicant can be identified as a person or body that may derive a financial gain from the coming into effect of the draft standard or draft variation of the standard that would be prepared in relation to the application; and (b) any other unrelated persons or bodies, including unrelated commercial entities, would require the agreement of the applicant in order to benefit financially from the approval of the application.
(1) Without prejudice to its effect apart from this section, this Act has effect for any or all of the following purposes: (a) for purposes connected with fixing: (i) the standard of food sold by corporations; or (ii) standards in relation to activities undertaken by corporations in respect of food before, or in connection with, its sale, where, in the case of trading corporations, those activities are undertaken for the purpose of the trading activities of the corporations; (b) for the purpose of ensuring, to the extent that the Constitution permits, that trade and commerce in food: (i) between Australia and places outside Australia; or (ii) among the States; is carried on in an efficient and profitable manner; (c) for purposes connected with the regulation of food and food standards in the Territories; (d) for purposes connected with controlling the standards of all food supplied to the Commonwealth, its authorities and its instrumentalities; (e) for purposes connected with the fixing of weights and measures in respect of food. (2) In subsection (1):
corporation means any corporation to which paragraph 51(xx) of the Constitution is applicable.
trading corporation means a trading corporation to which paragraph 51(xx) of the Constitution is applicable.
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory but nothing in this Act renders the Crown liable to be prosecuted for an offence.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Food Standards Australia New Zealand Act 1991.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
The object of this Act is to ensure a high standard of public health protection throughout Australia and New Zealand by means of the establishment and operation of a joint body to be known as Food Standards Australia New Zealand to achieve the following goals: (a) a high degree of consumer confidence in the quality and safety of food produced, processed, sold or exported from Australia and New Zealand; (b) an effective, transparent and accountable regulatory framework within which the food industry can work efficiently; (c) the provision of adequate information relating to food to enable consumers to make informed choices; (d) the establishment of common rules for both countries and the promotion of consistency between domestic and international food regulatory measures without reducing the safeguards applying to public health and consumer protection.
(1) In this Act, unless the contrary intention appears:
Agvet Code means the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth.
appropriate government agency means:
(a) the relevant Department of State of the Commonwealth, a State, a Territory or New Zealand administered by a Minister who is a member of the Forum on Food Regulation; or
(b) any other body that has an officer on the Food Regulation Standing Committee; or
(c) any other body or officer of the Commonwealth, a State, a Territory or New Zealand that the Authority considers has a particular interest in the relevant matter.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Australia New Zealand Food Standards Code means the code published under the name Food Standards Code in the Gazette on 27 August 1987 together with any amendments of the standards in that code:
(a) approved by a former Council before this Act commenced and published in the Gazette as forming part of that code; or
(b) made under this Act.
Australia New Zealand Joint Food Standards Agreement means the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards, signed at Wellington on 5 December 1995, as amended in accordance with Article 10 of that Agreement.
Authority means Food Standards Australia New Zealand.
Board means the Board of the Authority.
business day means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory or in Wellington, New Zealand.
Chief Officer means:
(a) in relation to a Commonwealth, State, Territory or New Zealand authority—the person who has the responsibility of Executive Officer or Chief Executive Officer of that authority (whether the person is a member of that authority or not); and
(b) in relation to any other authority or body—the person who has the responsibility for the day to day management of that authority or body.
code of practice means a code of practice developed by the Authority under Part 3. However, a code of practice is not a standard.
Commonwealth authority means a body, whether corporate or not, established by the Commonwealth, or by or under a law of the Commonwealth.
confidential commercial information, in relation to food, means:
(a) a trade secret relating to food; or
(b) any other information relating to food that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed.
develop, in relation to a food regulatory measure or a variation of a food regulatory measure, includes:
(a) prepare a draft of the measure or variation; and
(b) approve a draft of the measure or variation.
exclusive capturable commercial benefit has the meaning given by section 8.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
food has the meaning given by section 5.
Food Regulation Agreement means the Food Regulation Agreement, as amended from time to time:
(a) that is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and
(b) that was first made on 3 November 2000 or that was made:
(i) in substitution for that agreement; or
(ii) in substitution for a prior substituted agreement.
Food Regulation Standing Committee means the Committee established under the Food Regulation Agreement.
food regulatory measure means a standard or a code of practice.
former Council means:
(a) the Council of Commonwealth, State and Territory Ministers that was established in 1986 by agreement between the Commonwealth, the States and the Northern Territory and is known as the National Food Standards Council; or
(b) if that Council was reconstituted but continued in existence under that name by agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, whether entered into before or after this Act commences—that Council as so reconstituted and continued in existence; or
(c) if that Council was reconstituted but continued in existence under the name Australia New Zealand Food Standards Council by agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory—that Council as so reconstituted and continued in existence.
Forum on Food Regulation means the Australia and New Zealand Ministerial Forum on Food Regulation established by the Food Regulation Agreement.
general procedure means:
(a) in relation to the consideration of an application—the procedure set out in Subdivision D of Division 1 of Part 3; and
(b) in relation to the consideration of a proposal—the procedure set out in Subdivision D of Division 2 of Part 3.
High Level Health Claims Committee means a committee established under subsection 118(1A) to give advice on applications or proposals to make a high level health claims variation.
high level health claims variation means a variation, the only effect of which is to make a change to the list of high level health claims, as defined for the purposes of the Nutrition, Health and Related Claims Standard, that may be made under that standard.
Maximum Residue Limits Standard means the Maximum Residue Limits Standard as in force from time to time, or any standard in force in substitution for that standard.
member means a member of the Board and includes the Chairperson and the Chief Executive Officer.
New Zealand authority means a body (whether corporate or not) established by New Zealand, or by or under a law of New Zealand.
New Zealand lead Minister on the Forum on Food Regulation means the Minister of the government of New Zealand who is:
(a) a member of the Forum on Food Regulation; and
(b) nominated by the government of New Zealand to be the New Zealand lead Minister on the Forum on Food Regulation.
Nutrition, Health and Related Claims Standard means the Nutrition, Health and Related Claims Standard as in force from time to time, or any standard in force in substitution for that standard.
policy guideline means a guideline formulated by the Forum on Food Regulation for the purposes of paragraph 18(2)(e).
prepare includes process, manufacture and treat.
produce includes prepare.
public notice has the meaning given by section 7.
standard means:
(aa) a standard made under this Act after the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001; or
(a) a standard that has been adopted, or taken to have been adopted, by a former Council under this Act before the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001; or
(b) a standard that is included in the Australia New Zealand Food Standards Code.
However, neither of the following is taken to be part of a standard: (c) text identified as an editorial note; (d) text identified as an example.
State or Territory authority means a body, whether corporate or not, established by a State or Territory, or by or under a law of a State or Territory.
Territory means the Australian Capital Territory and the Northern Territory.
trust money means money received or held by the Authority on trust.
(3) A reference in the definition of Australia New Zealand Food Standards Code in subsection (1) to the amendment of the standards in that code includes, and is taken always to have included, a reference to an amendment by way of the insertion, revocation or substitution of a standard in that code. (4) A reference in this Act to the variation of a food regulatory measure includes, and is taken always to have included, a reference to the revocation of a food regulatory measure.
(1) Food includes: (a) any substance or thing of a kind used, capable of being used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared); and (b) any substance or thing of a kind used, capable of being used, or represented as being for use, as an ingredient or additive in a substance or thing referred to in paragraph (a); and (c) any substance used in preparing a substance or thing referred to in paragraph (a); and (d) chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum; and (e) any substance or thing declared to be a food under a declaration in force under section 6. (It does not matter whether the substance, thing or chewing gum is in a condition fit for human consumption.) (2) However, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989. (3) To avoid doubt, food may include live animals and plants.
(1) After consulting the Authority, the Minister may, by legislative instrument, declare that a substance or thing is food for the purposes of this Act.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration: see subsection 54(1) of that Act.
(2) The Minister must cause a copy of the declaration to be published in the New Zealand Gazette. (3) A declaration takes effect on the day specified in the declaration. That day must not be a day before the declaration is published.
The Authority satisfies a requirement under this Act to give public notice of a particular matter by: (a) publishing notice of the matter on the Authority’s website; and (b) giving written notice of the matter to each appropriate government agency; and (c) if the requirement to give notice arises in the course of considering an application to develop or vary a food regulatory measure—giving written notice of the matter to the applicant; and (d) if the Authority has called for submissions in the course of considering an application or proposal for the development or variation of a food regulatory measure—giving written notice of the matter to each of the persons invited to make a submission who made a submission within the relevant submission period; and (e) giving written notice to any other person or body whom the Authority considers appropriate.
An exclusive capturable commercial benefit is conferred upon a person who applies for the development of a food regulatory measure or the variation of a food regulatory measure under section 22 if: (a) the applicant can be identified as a person or body that may derive a financial gain from the coming into effect of the draft standard or draft variation of the standard that would be prepared in relation to the application; and (b) any other unrelated persons or bodies, including unrelated commercial entities, would require the agreement of the applicant in order to benefit financially from the approval of the application.
(1) Without prejudice to its effect apart from this section, this Act has effect for any or all of the following purposes: (a) for purposes connected with fixing: (i) the standard of food sold by corporations; or (ii) standards in relation to activities undertaken by corporations in respect of food before, or in connection with, its sale, where, in the case of trading corporations, those activities are undertaken for the purpose of the trading activities of the corporations; (b) for the purpose of ensuring, to the extent that the Constitution permits, that trade and commerce in food: (i) between Australia and places outside Australia; or (ii) among the States; is carried on in an efficient and profitable manner; (c) for purposes connected with the regulation of food and food standards in the Territories; (d) for purposes connected with controlling the standards of all food supplied to the Commonwealth, its authorities and its instrumentalities; (e) for purposes connected with the fixing of weights and measures in respect of food. (2) In subsection (1):
corporation means any corporation to which paragraph 51(xx) of the Constitution is applicable.
trading corporation means a trading corporation to which paragraph 51(xx) of the Constitution is applicable.
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory but nothing in this Act renders the Crown liable to be prosecuted for an offence.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
An Act establishing a body to be known as Food Standards Australia New Zealand with functions relating to the development of food regulatory measures, and for related purposes
This Act may be cited as the Food Standards Australia New Zealand Act 1991.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
The object of this Act is to ensure a high standard of public health protection throughout Australia and New Zealand by means of the establishment and operation of a joint body to be known as Food Standards Australia New Zealand to achieve the following goals: (a) a high
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