Food Regulation Agreement

The purpose of this Agreement is to give effect to a national approach to food regulation within Australia. The Agreement establishes the Australia and New Zealand Food Regulation Ministerial Council with responsibility for: (i) the development of domestic food regulatory policy; (ii) the development of policy guidelines for setting domestic food standards; (iii) the promotion of harmonised food standards within Australia between the Parties (harmonisation of domestic standards between States and Territories and of domestic standards with export standards) and with Codex Alimentarius (harmonisation of domestic and export standards with international food standards set by Codex Alimentarius); (iv) the general oversight of the implementation of domestic food regulation and standards; and (v) the promotion of a consistent approach to the compliance with, and enforcement of, food standards.
For the development of policy on food regulation and to seek input and advice from ‘Stakeholders’ the Ministerial Council has established a flexible approach to consultation, known as the Consultative Mechanism. The Consultative Mechanism shall provide for the views of stakeholders to be considered by the Ministerial Council when setting food regulation policy guidelines; inform the policy guideline development process; provide for increased accountability and transparency in decision making on policy guidelines; and enhance stakeholder confidence in the food regulatory system and build relationships with those developing policy. Stakeholders across Australia and New Zealand include: (i) Processed food; (iii) Food retail; (iv) Food service; (v) Consumers; (vi) Public health professionals; (vii) Small business.
Part IV concerns food legislation and adoption of food standards; Clause 10 establishes that the States and Territories will use their best endeavours to ensure that their respective Parliaments retain in force, legislation that complies with clause 13 and which gives effect to the provisions listed at Annex A and Annex B of this Agreement which provide for the effective and consistent administration and enforcement of the Food Standards Code (including the Food Safety Standards). Amendments of the Annexes A or B Amendment can be proposed to the Ministerial Council. Under clause 19 requires States and Territories to take legislative or other necessary steps to adopt or incorporate as food standards in force under the food legislation of the State or Territory, the food standards (including variations to those standards) that are (a) developed by FSANZ or the Australian Pesticides and Veterinary Medicines Authority (APVMA); and (b) published in the Commonwealth of Australia Gazette. No State or Territory shall, by legislation or other means, establish or amend a food standard other than in accordance with this Agreement.