Saturday, 7 December 2002
Stock in Trade Provisions
(from 20 December 2002)
The Australia New Zealand Food Standards Code (the new Code) came into effect in December 2000 with a two-year transition period ending on 20 December 2002. During this transition period the pre-existing Australian Food Standards Code (the old Code) and the New Zealand Food Regulations (the NZ regulations) have remained in effect. In Australia, manufacturers and importers could legally sell food if it complied with either the new Code or the old Code. In New Zealand, food had to comply with the new Code, the old Code or the NZ regulations.
This situation will change on 20 December 2002 when the old Code and the NZ regulations are expected to be repealed. After this date, food sold in Australia and New Zealand should comply with standards in the new Code.
Provisions have been introduced into the new Code to allow foods manufactured and packaged before the 20 December 2002 (' stock in trade' ) to continue to be sold legally after this date so long as they comply with the requirements set out in the old regulations with some conditions (see below). This allowance is regardless of whether these foods are in warehouses/storage, in transport (including being imported into Australia or New Zealand) or on supermarket shelves or for sale in other food outlets.
There are three specific stock in trade conditions:
1. A 12-month stock-in-trade provision for food products manufactured and packaged prior to the 20 December 2002 date in compliance with all applicable food standards at that time . Such foods may continue to be sold lawfully until 20 December 2003 . Due to the rapid turnover of a high proportion of foods and short shelf life of many others, most foods offered for sale should be compliant with the new Code within two or three months after the 20 December 2002 .
2. A 24-month stock-in-trade provision for long shelf-life products. Foods that have a shelf life of more than twelve months and which are manufactured and packaged prior to the 20 December 2002 date in compliance with all applicable food standards at that time (e.g. canned fruit, vegetables, meats, fish and packaged herbs, spices and sauces) may continue to be sold lawfully until 20 December 2004 .
3. A 12 month extension of the transition period for most labelling requirements on food labelled on the retail premises from which it is sold. ' In-store' packaging and labelling is usually confined to relatively few foods, but they tend to be staple items (such as meats and breads). A 12-month extension to the transition period for the labelling requirements has been provided to allow retailers sufficient time to install the necessary machinery to appropriately label these foods. This exemption does not apply to labelling requirements under Standard 1.2.3 - Mandatory Warning and Advisory Statements and Declarations, 'use-by' date or best before date requirements under Standard 1.2.5, and all requirements under Standard 1.2.6 Directions for Use and Storage
Further information:
Electronic versions of Australia New Zealand Food Standards Code, user guides and fact sheets can be obtained from the FSANZ website at www.foodstandards.gov.au or www.foodstandards.govt.nz
Hard copies of the Code and the complete set of user guides may also be purchased from Anstat on 03 9278 1144 . Hard copies of fact sheets are available from FSANZ's Information Officer in Australia on 02 6271 2241 or in New Zealand on 04 473 9942 .
Businesses may currently obtain specific advice on standards in the joint Code through the Industry Advice Helpline on 1 300 652 166 (Australia) and 0 800 441 571 (New Zealand) or by e-mail at advice@foodstandards.gov.au
Edition: November 2002
This document is intended as a guide only: legal requirements are contained in the Food Standards Code, other relevant food legislation and other applicable laws. The information in this document should not be relied upon as legal advice or used as a substitute for legal advice. You should exercise your own skill, care and judgment before relying on this information in any important matter.
Sources:
"Food Standards Australia New Zealand: Stock in trade provisions (from 20 December 2002)." (12/02/02 10:28:22)
Bibliography:
"Food Standards Australia New Zealand: Stock in trade provisions (from 20 December 2002)." (12/02/02 10:28:22)
|