Media Release
There is No Trans Tasman Folic Acid Standard
Ron Law, Risk & Policy Consultant

"Contrary to popular myth, there is no Australian food standard requiring New Zealand to fortify bread with folic acid." says Risk & Policy consultant, Ron Law (juderon(at)gmail.com).

The proposed joint food standard for addition of folic acid to bread was ACCEPTED by the Food Ministers on 22 June 2007 according to the Official JOINT COMMUNIQUE [1] BUT the same day New Zealand Food Safety Minister, Annette King, issued a press release saying something quite different. [2].

It is as if the two communiqué's were of two different meetings.

In other words the statements made either side of the ditch in June 2007 were at odds with each other... and the resulting confusion rages to this day.

The food standard for Australia requires the addition of folic acid to all wheat flour used for making bread. New Zealand opted out of that standard and issued its own food standard under the New Zealand Food Act 1981 that requires the addition of folic acid to bread, rather than to wheat flour for making bread.

The Australian food standard '2.1.1 CEREALS AND CEREAL PRODUCTS' explicitly excludes bread made in New Zealand from the Australian food standard. [3]

The folic acid provisions of Food standard 2.1.1 were made in the Australia New Zealand Food Standards Code – Amendment No. 93 – 2007 and published in gazette No. FSC 35, on Thursday, 13 September 2007. [4]

It states, "This clause does not apply in New Zealand. It is the INTENTION [emphasis added] that a variation to this clause will be developed for New Zealand. In the interim, however, New Zealand has varied from this clause under Annex D of the Agreement between the Government of Australia and the Government of New Zealand Concerning a Joint Food Standards System, and has issued a food standard under section 11C of the New Zealand Food Act 1981."

The New Zealand (Mandatory Fortification of Bread with Folic Acid) Food Standard 2007 provides for the mandatory fortification of New Zealand bread with folic acid. The New Zealand standard states, " This standard does not remove any other obligations required for the manufacture and sale of bread as required under the Australia New Zealand Food Standards Code (the Code). It is INTENDED [emphasis added] that these requirements for the mandatory fortification of bread with folic acid will be included in the Code. This standard applies until this bread fortification provision for New Zealand is available under the Code. [5] It was published in the NZ Gazette 6644 on 27 September 2007 [6]

The intended variation to the Australian standard to provide for the mandatory addition of folic acid to New Zealand bread referred to in both the Australian and New Zealand standards has never been developed for New Zealand... therefore it does not exist.

The food standard that compels bread manufacturers to add folic acid to bread is a New Zealand food standard that was made under the New Zealand Food Act 1981 and is not mandated by the Australian Food Standards... the intention was that it would be... the reality is that it has not been followed through by officials.

Section 11L of the Food Act 1981 says "(1) The Minister may at any time amend or revoke any food standard. (2) Subject to subsection (3) of this section, the provisions of sections 11E to 11K of this Act shall apply in respect of any amendment or revocation of any food standard." [7]

It is this section that the Minister of Food Safety has doubts that she can revoke the regulations; especially section 11E "Preconditions for issuing food standard

(1) In issuing any food standard, the Minister shall take into account the following: (a) The need to protect public health: (b) The desirability of avoiding unnecessary restrictions on trade: (c) The desirability of maintaining consistency between New Zealand's food standards and those applying internationally: (d) New Zealand's obligations under any relevant international treaty, agreement, convention, or protocol, and, in particular, under the Australia-New Zealand Joint Food Standards Agreement: (e) Such other matters as the Minister considers appropriate.

It would appear that administrative oversight has resulted in the failure to include a New Zealand specific food standard into the Australian Food Standards as intended.

Therefore section 11E(1)(d) does not appear to apply. The intention was there, but the intention was never made law. I doubt that her officials will have advised the Minister of that fact.

In short, there is no Australian Food Standard requiring New Zealand to fortify bread with folic acid under the Agreement between the Government of Australia and the Government of New Zealand Concerning a Joint Food Standards System.

This just might provide the Minister of Food Safety with a convenient opportunity to revoke the New Zealand food standard without offending our cuzzies across the ditch.

Source Documents

[1] http://tinyurl.com/mc223x

[2] http://tinyurl.com/kkdaqg

[3] http://tinyurl.com/mj56lx

[4] http://tinyurl.com/mfg569

[5] http://tinyurl.com/m7mmhf

[6] http://tinyurl.com/klm39u

[7] http://tinyurl.com/nsot3u

ENDS

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