The Australia and New Zealand Ministerial Forum on Food Regulation (the Forum) met today via video conference to consider a range of food regulation and policy matters. The Forum comprises all Australian and New Zealand Ministers responsible for food, and the Australian Local Government Association, and is chaired by Senator the Hon Richard Colbeck.
Key outcomes from the meeting
Proposal P1050 – Pregnancy warning labels on alcoholic beverages
The Forum confirmed its ongoing commitment to mandatory pregnancy warning labels on alcohol to ensure women are appropriately informed about the advice to not consume alcohol while pregnant.
The Forum considered the review report for Proposal P1050 completed by Food Standards Australia New Zealand (FSANZ) since the 14th Forum meeting held 20 March 2020. As requested by the Forum, the FSANZ review focussed on the colours and signal wording in the draft pregnancy warning label design.
The FSANZ review re-affirmed Proposal P1050, subject to two amendments: a change to the signal words from ‘HEALTH WARNING’ to ‘PREGNANCY WARNING’, and an extended transition period for implementation, from two years to three years.
The Australian Government proposed an amendment to remove the colour prescriptions for the label and instead to prescribe the pregnancy warning label to have contrasting colours in accordance with the general legibility requirements outlined in the Australia New Zealand Food Standards Code (1.2.1-24). This was not agreed but was supported by South Australia, New South Wales and Queensland.
The Forum accepted the proposed draft standard for pregnancy warning labels. The standard for pregnancy warning labels will now be gazetted and included in the Australia New Zealand Food Standards Code. An implementation period of three years will apply from the date of gazettal.
Health Star Rating (HSR) 5 year review
On 19 December 2019, the Forum published a response to the recommendations of the HSR Five-Year Review. The response included a request for FSANZ to undertake a peer review of the modelling that underpinned the Review, and a request that the Food Regulation Standing Committee (FRSC), supported by FSANZ, provide further advice in relation to:
- definitions for minimally processed fruits and vegetables, and unsweetened flavoured water;
- sugars and sodium levels in the HSR Calculator; and
- interim uptake targets.
Ministers also requested that FRSC develop a Review Implementation Plan, and consider the way edible oils are treated under the HSR system.
At today’s meeting Ministers endorsed the Review Implementation Plan and an implementation start date of 15 November 2020; and finalised a response to the outstanding decision points.
These are detailed in the addendum:
The Forum also agreed that:
- the minimum calcium content for dairy substitute beverages to be considered within HSR would be increased from its current level to ≥100mg/100ml, and
- FSANZ’s Peer Review, relevant FRSC advice and the Review Implementation Plan will be published on the HSR website in the coming weeks.
The Forum considered a proposal from the Australian Government that 100% fresh fruit and vegetable juice (no added sugar) should receive an automatic HSR score of 5 stars, or be included within the definition of a ‘minimally processed fruit and vegetables’. However this was not supported and the status quo (Review recommendations) will be maintained. The Forum requested FRSC consider and provide further advice on the treatment of artificially-sweetened beverages and 100% vegetable and fruit juice beverages at the November Forum meeting.
Application A1155 – 2’FL and LNnT in infant formula and other products
On 17 February 2020, the Forum requested a review of the draft variation to the Australia New Zealand Food Standards Code for Application A1155 noting a range of concerns outlined in the formal publication o Food Regulation website.
Ministers were provided with an update on how FSANZ is addressing the Forum’s concerns in relation to Application A1155, particularly the assessment of safety and benefit, the economic benefits of food manufacturing innovation and for infant formula sector exports. Due to the complex nature of the request for review, further work is required. A final review report will be considered by the Forum at its November 2020 Forum meeting.
Next meeting
The next Forum meeting will be held in November 2020.
Addendum to 17 July 2020 Communiqué – Health Star Rating (HSR) outcomes
Peer Review
Forum Request (November 2019): The Forum requested that Food Standards Australia New Zealand (FSANZ) undertake a peer review of the modelling that underpinned the HSR Five Year Review Report (Review Report), and provide advice on impacts of all recommendations combined.
Forum Decision, July 2020: The Forum noted FSANZ’s advice that the modelling presented in the Review Report was accurate.
Recommendation 4A: That fruits and vegetables that are fresh, frozen or canned (with no additions of sugar, salt or fat) should automatically receive a HSR of 5.
Forum Request (November 2019): The Forum requested that the Food Regulation Standing Committee (FRSC) provide advice on a suitable definition for minimally processed fruits and vegetables to support implementation of this recommendation.
Forum Decision, July 2020: For the purposes of the HSR system only, the following definition be adopted (subject to consideration of regulatory implications and stakeholder engagement):
Minimally processed fruit and vegetables: Fruit (except coconut), vegetables, fungi and legumes (except peanuts) that have only been peeled, cut and/or surface treated and/or blanched and/or frozen, or canned without the addition of fat, sugars/sweeteners or salt.
Recommendation 4B: That total sugars should be more strongly penalised (by changing the existing 22 point table to a 25 point table), lowering the HSRs of 5% of products (including breakfast cereals, snack bars, sweetened milks, ice creams and sugar-based confectionery.
Forum Request (November 2019): The Forum requested that FRSC provide advice on whether an even stronger approach (30 point scale) may achieve an outcome that more closely aligns the HSR system with Dietary Guidelines. The Forum requested that FSANZ undertake further modelling to provide advice on the combined impact of both the 25 point and 30 point scale scenarios required to support a conclusion with respect to sugar scaling.
Forum Decision, July 2020: The Forum considered the advice of both FRSC and FSANZ and an announcement by the Australian Government of a review of the 2013 Australian Dietary Guidelines. The Forum agreed Review recommendation 4b would be supported as proposed in the Review Report, noting future opportunities to re-assess alignment with dietary guidelines will occur following their review and update in Australia.
Recommendation 4C: That sodium sensitivity should be improved for products high in sodium (by reducing the upper limit of the sodium table), reducing the HSR of 1% of products (all with sodium in excess of 900mg/100g).
Forum Request (November 2019): The Forum requested that FRSC provide advice on whether the alternative approach considered in the draft review report (a further reduction in the upper limit and amendment of the baseline increments) achieves an outcome that more closely aligns the HSR system with Dietary Guidelines. The Forum requested that FSANZ provide advice on the combined impact of both the recommended scenario and the alternative scenario to support a conclusion with respect to sodium.
Forum Decision, July 2020: The Forum considered the advice of both FRSC and FSANZ and an announcement by the Australian Government of a review of the 2013 Australian Dietary Guidelines. The Forum agreed Review recommendation 4c would be supported as proposed in the Review Report, noting future opportunities to re-assess alignment with dietary guidelines will occur following their review and update in Australia.
Recommendation 4D: Dairy categories (1) be redefined (Category 2D to include dairy desserts and other chilled dairy products and Category 3D to include surface ripened cheeses) and rescaled to ensure healthier five food group options receive higher HSRs and improve comparability between dairy products.
Forum Request (November 2019): The Forum requested that FSANZ undertake further modelling in order to establish whether recategorisation is the most appropriate approach when combined with other enhancements, and whether it is appropriate and/or necessary to rescale whole categories in combination with the proposed adjustments to individual nutrients (i.e. sugar and sodium). The Forum requested that FSANZ provide advice on the combined impact of all relevant scenarios required to support a conclusion with respect to recategorisation and rescaling.
Forum Decision, July 2020: The Forum considered the modelling and advice from FSANZ, and additional advice provided by FRSC and agreed Review recommendation 4d would be supported as proposed in the Review Report.
Recommendation 5: Changes be made to the way the HSR is calculated for nondairy beverages to better discern water from high energy drinks, including that unsweetened flavoured waters should automatically receive a HSR of 4.5.
Forum Request (November 2019): The Forum requested that the Food Regulation Standing Committee (FRSC) provide advice on a suitable definition for unsweetened flavoured waters to support implementation of this recommendation.
Forum Decision, July 2020: For the purposes of the HSR system only, the following definition be adopted (subject to consideration of regulatory implications and stakeholder engagement):
Unsweetened flavoured waters: Packaged beverages similar in nutritional profile to water that: may contain carbon dioxide, whether added or naturally occurring; and contain no added sugars, sweeteners or salt; and contain only the following additives: permitted flavouring substances, excluding quinine and caffeine and flavouring substances that can also be used as sweeteners.
Recommendation 9: The HSR system remain voluntary but with clear uptake targets set and all stakeholders working together to drive uptake. If the HSR system continues to perform well but the HSR is not displayed on 70% of target products within five years consideration be given to a mandatory system subject to a Regulation Impact Statement being undertaken.
Forum Request (November 2019): The Forum requested that FRSC consider interim targets, and the target metrics to be used to measure successful uptake.
Forum Decision, July 2020: The Forum considered the advice from FRSC and agreed to interim uptake targets of 50% at three years and 60% at four years across all intended products.
Edible oils
Forum Request (November 2019): The Forum requested that FRSC consider the way edible oils are treated under the HSR system and provide technical advice on oils to the Forum in early 2020.
Forum Decision, July 2020: The Forum considered the advice from FRSC and agreed that in relation to the treatment of edible oils under the HSR system, the status quo would be retained.
(1) HSR categories are described in the Guide for Industry to the Health Star Rating Calculator. Category 2D: Dairy foods other than those included in category 1D or 3D; Category 3DL Cheese and processed cheese as defined in Standard 2.5.4 (with calcium content >320 mg/100 g).