Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe following is a simplified outline of the procedure for considering a proposal for the development of a food regulatory measure, or the variation of a food regulatory measure, other than a high level health claims variation.
Step 1. A proposal is prepared.
Step 2. As the Authority prepares the proposal, there is no equivalent to step 2 of the applications procedure in which the application is accepted or rejected.
Step 3. As the Authority prepares the proposal, there is no equivalent to step 3 of the applications procedure in which the Authority notifies the applicant of acceptance.
Step 4. The Authority gives public notice of the proposal, indicating when the Authority proposes to undertake key steps in considering it.
Step 5. The Authority assesses the proposal.
The Authority may, after assessing the proposal, either abandon it or proceed to the next step.
If the proposal is for a new food regulatory measure or a major variation of a food regulatory measure, the next step is step 6.
In any other case, it is step 7.
Step 6. The Authority calls for public submissions.
Step 7. The Authority prepares a draft food regulatory measure or a draft variation of a food regulatory measure, as the case requires. If the Authority has called for submissions under step 6, the Authority must have regard to the submissions in doing so.
Step 8. If the proposal is for a minor variation, the Authority calls for submissions from the applicant and appropriate government agencies.
In any other case, the Authority calls for public submissions.
Step 9. If the draft is a draft standard or a draft variation of a standard, the Authority must decide whether to approve or reject it and prepare a report, having regard to any submissions made. If approved, the Authority notifies the Forum on Food Regulation and the public of the approval and proceeds to step 10.
If the draft is a draft code of practice or a draft variation of a code of practice, the Authority must revoke or vary any existing code of practice and give public notice of its decision. No further steps are taken in relation to measures of this kind.
Step 10. The standard or variation comes into effect after it has been considered by the Forum on Food Regulation and published.
Note: Division 2A deals with variations by the APVMA of the Maximum Residue Limits Standard.