Food Regulation Secretariat

Food Regulation System

The system is based upon a strengthening of the partnership between government, consumers and industry, increased Ministerial direction on policy and a continued close relationship between Australia and New Zealand in the development of joint food standards.

On this page:

• Introduction
• The Food Regulation Model
• Stakeholder Consultation Mechanism
• Revised Principles and Protocols for the Development of Food Regulation Policy Guidelines
• Food Regulation System Brochure

Introduction

The Australian Government Department of Health and Ageing is responsible for implementing the Council of Australian Governments’ (COAG) food regulatory reforms. The reforms were agreed to via the Inter-governmental Food Regulation Agreement 2000 (PDF 623 KB), Food Regulation Agreement Annex A - Model Food Provision (PDF 82 KB), Food Regulation Agreement Annex B - Model Food Provision (PDF 213 KB), and have resulted in a more whole-of-food chain and nationally focused food regulatory system (the system) for Australia and New Zealand that enhances public health and safety. (Refer to the Food Regulation model below).

The system is based upon a strengthening of the partnership between government, consumers and industry, increased Ministerial direction on policy and a continued close relationship between Australia and New Zealand in the development of joint food standards.

The reforms follow the 1998 Food Regulation Review (Blair) Report, and focus on three key areas:

• structural - establishing a national system incorporating key stakeholders to achieve agreed food safety outcomes through consistent approaches;
• legislative/regulatory - establishing the overarching legislative framework for setting domestic food standards based on rigorous science and assessed risk; and
• policy - developing the overarching food policy framework to guide all parts of the system.

New Zealand's role and participation in the system is set out in amendments to the Australia New Zealand Joint Food Standards Agreement between Australia and New Zealand, creating a joint food standards system. The system is strengthened through the partnership between both countries in the development of joint food standards.
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The Food Regulation Model

The model comprises:

• The Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council), whose role is to develop domestic food regulation policy in the form of policy guidelines. The Ministerial Council comprises Ministers from all Australian States and Territories as well as the New Zealand Government. Each member brings a "whole of government" view to the Ministerial Council. This requires Ministers to balance and reconcile the objectives of ensuring public health and safety, with the need to produce and deliver food to the public efficiently, with minimal regulation.
• A Food Regulation Standing Committee (FRSC) is responsible for co-ordinating policy advice to the Ministerial Council and ensuring a nationally consistent approach to the implementation and enforcement of food standards. It also advises the Ministerial Council on the initiation, review and development of FRSC activities. Membership of the FRSC reflects the membership of the Ministerial Council and comprises the heads of Departments for which the Ministers represented on the Council have portfolio responsibility. The President of the Australian Local Government Association and Food Standards Australia New Zealand attend as observers.
• An Implementation Sub-Committee (ISC) oversees a consistent approach to implementation and enforcement of food regulations and standards.
• Food Standards Australia New Zealand (FSANZ), formerly Australia New Zealand Food Authority - ANZFA, is a statutory authority responsible for developing all domestic food standards based on scientific/technical criteria, consistent with Ministerial Council policy.

The Food Regulation Model (PDF 12 KB)

The Food Regulatory reforms also support enhanced stakeholder consultation. The inter-governmental agreement requires that a consultative mechanism be established to provide stakeholder views to the Standing Committee and the Ministerial Council on the development of policy guidelines for food standards development. A stakeholder consultation mechanism was established by the Ministerial Council on 1 April 2003. Ministers reviewed the consultative mechanism on 31 March 2005 and agreed to retain it.

The following presentations provide a detailed description of the Food Regulatory System and the Food Policy Development Process. Both presentations were delivered at the Food Policy Consultation Forum 2004.

• The Food Regulatory System - Australia New Zealand (PDF 81 KB)
• Food Policy Consultation Forum - The Development of Policy Guidelines (PDF 235 KB)

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Stakeholder Consultation Mechanism

The Food Regulation Agreement (2000) states:
"The Ministerial Council must establish, within 12 months of the first meeting of the Ministerial Council:

1. Food Regulation Consultative Council in accordance with clause 12; or
2. an alternative means of consultation to provide stakeholder advice to the Ministerial Council, the Standing Committee, and FSANZ, if that alternative is agreed to by all the Parties."

The Ministerial Council considers it important that the community has confidence in the new food regulatory system and that the process of policy guideline development is transparent and allows input from all interested stakeholders. At the 4 April 2003 meeting of the Ministerial Council, Ministers agreed to an adaptable approach to consultation whereby the level of consultation reflects the complexity or controversial nature of the topic. Other key features of this approach include openness and involvement of a broad range of stakeholder groups. The Ministerial Council also endorsed new Principles for Consultation and Operating Protocols for Stakeholder Consultation. The Ministerial Council has asked that these Principles be reviewed in 12 months time.

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Revised Principles and Protocols for the Development of Food Regulation Policy Guidelines

The Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) has completed a comprehensive review of the Principles and Protocols that govern the development of policy guidelines on the regulation of food.

These Principles and Protocols clarify the scope of policy guidelines, set out the process for their development, and define the roles of policy departments and regulatory agencies. They have been updated to reflect experience, and the outcomes of a stakeholder consultation forum held in March 2004.

The Ministerial Council in May 2007 agreed to further revisions of the Principles and Protocols for the Development of Food Regulation Policy Guidelines document as a result of feedback received during the Stakeholder Consultation Forum.

The Ministerial Council in May 2008 endorsed the proposed amendments to the Principles and Protocols for the Development of Food Regulation Policy Guidelines document.

Principles and Protocols for the Development of Food Regulation Policy Guidelines

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Food Regulation System Brochure

In March 2004, the FRSC held the first Food Policy Stakeholder Consultation Forum in Canberra. The Forum was an opportunity for stakeholders to gather in one place and formally discuss and comment on the policy development process for food regulation.

The 2004 Forum was well received with 75 participants representing a broad range of stakeholders from consumer groups, public health professionals, food and therapeutic industries, community groups and relevant government agencies attending.

A number of action items were identified from stakeholder feedback during the 2004 Forum and one was to increase stakeholder understanding and awareness of the food regulation system. As a result, the FRSC Principles and Protocols Working Group developed a brochure 'Joint Food Regulation System - Australia and New Zealand' that can be used by all jurisdictions.

If you are having difficulty downloading the PDF document(s) please email rpgd.webmaster@health.gov.au and we will arrange for an alternative format or a copy to be sent to you.