HSN309: Food Standards Code Analysis - FSANZ Assignment Deakin Uni

This assignment, part of the HSN309 unit, requires an in-depth analysis of the Food Standards Australia New Zealand (FSANZ) food standards code, specifically focusing on Application A1104 submitted by Sanitarium. The assignment involves reviewing various documents related to the application for voluntary addition of vitamins and minerals to nut- and seed-based beverages. The student is tasked with summarizing key components of the application, including the changes sought, the nutrients requested, and the rationale behind the request. The assignment delves into the FSANZ's assessment process, risk factors, and proposed risk management strategies. It examines the interpretations and perspectives of different stakeholders, such as the NSW Food Authority, the DHHS Tasmania, and Dairy Australia, comparing their views on the application. The student also reflects on the FSANZ's responses to submitter issues and evaluates the adequacy of the responses. The assignment aims to provide a comprehensive understanding of how the FSANZ assesses applications and how the Food Standards Code is amended, and how it impacts food regulations and public health.

1
HSN309 Written Assignment
FSANZ Assignment
The purpose of this assignment is to enable you to learn about and reflect upon the
process of changing the Food Standards Code, using an actual previous Application -
Application A1104: Voluntary Addition of Vitamins & Minerals to Nut- & Seed-based
Beverages which was submitted to FSANZ by Sanitarium in September 2014. The
assignment asks you to read through a range of documents that form part of the
Application process and then summarise key components. It also guides you to reflect
on aspects of the documents so that you have a deeper critique of the process and
your learnings. All of the documents you are required to read through are available on
the CloudDeakin unit site and a Discussion board topic is set up to respond to any
queries. A marking rubric is also provided to allow you to assess your work against the
various assessment criteria.
This is an authentic learning and assessment task because it replicates the type of work that
those writing submissions to FSANZ on food regulatory matters are required to do. It also
provides an opportunity for you to learn how to use critical reflection to generate, deepen and
document your learning.
“Critical reflection is the part of experiential learning that generates, deepens, and documents
learning. When used in this capacity, it needs to be understood not as ―touchy-feely,‖ non-
grade-able, private, stream-of-consciousness but rather as a reasoning process that is analytical,
integrative, assessable, subject to public critique, and structured/guided.” (Clayton, 2010, p. 11)
Please use the Instruction and Response Template following and
respond in the blank section under each separate instruction.
Assignment due: Monday 6th May, 11.59pm
Max word limit: 1500 words
Assignment contributes 30% of total unit mark

2
HSN309 FSANZ Assignment Instruction and Response Template
Step 1: Read the Application Executive Summary
What is the main change to the Food Standards Code (FSC) that Sanitarium are seeking? (1 mark)
What nutrients are being requested? (1 mark)
What is the main reason for requesting the change? (1 mark)
In relation to the Policy Guideline for the fortification of foods with vitamins and minerals explain
if this is a satisfactory reason. (1 mark)
Sanitarium was seeking to enable a variation in the existing Standard 1.3.2 Vitamins
and Minerals of the Australian New Zealand Food Standards Code which would allow
addition of vitamins and minerals to beverages, alternative to milk, derived from nuts
and seeds (such as almond milk), which are otherwise permitted for addition in legume
or cereal based beverages.
The following nutrients are being requested for addition: Calcium, Iron, Folate, Zinc,
Magnesium, Phosphorous, Iodine, Vitamin A, Riboflavin, Thiamin, Vitamin B6, Vitamin
B12, Vitamin D.
The main reason for requesting this change is to allow individuals, who are otherwise
allergic or intolerant to soy and cereal based dairy alternative beverages or wish to
avoid dairy product consumption due to health, personal or philosophical reasons, to
access and obtain equally nutritious suitable dairy alternative beverages.
The requested change for voluntary vitamin and mineral addition aligns with the
Australia and New Zealand's (ANZ) Policy guideline of 'To enable the nutritional profile
of specific substitute foods to be aligned with the primary food (through nutritional
equivalence)'. This is a satisfactory reason since the requested change attempts to
align or improve the nutritional content for nut and seed beverages - a dairy beverage
substitute food - in order to be at par with the nutritional content of dairy beverages -
the food considered to be the primary source of vitamins and minerals like: Calcium,
Iron, Folate, Zinc, Magnesium, Phosphorous, Iodine, Vitamin A, Riboflavin, Thiamin,
Vitamin B6, Vitamin B12, Vitamin D. Hence, as per this policy alignment and nutritional
content of the primary food source - this can be considered as a satisfactory reason.

3
What is the proposed minimum protein concentration for these beverages and how does this
differ to that of other milk alternatives in the FSC that are permitted to have vitamins and
minerals added? (2 marks)
What is your initial impression of the application? Think about the following – do you think it’s a
good idea, is it well argued, have all the potential risks been taken into account, is there sufficient
justification, is there more information you’d like to see? (4 marks)
The minimum protein concentration proposed for these beverages is 0.2% m/m, as
compared to 3% m/m in legume based beverages and 0.3% m/m in cereal based
beverages.
Considering that a majority of individuals do not indulge in alternative dairy product
consumption, such as cereals of soy, for a variety of physiological, personal,
philosophical or ethical impairments and reasons, and hence, are deprived off
essential vitamins and minerals in the process - the idea behind micro-nutrient
fortification for nut and seed based beverages is justified and positive in terms of
improving the nutritional profile of such population groups as well as enhance
availability of beverage choices for such groups. The application is also well-argued,
considering its statements of inadequate protein content being justified as compared
to the excess consumed across Australian populations as well the notable
micro-nutrient deficiencies observed in children consuming non-dairy beverages.
However, additional information in terms of exact values of estimated deficient intakes
may have been useful to additionally strengthen claims on inadequate protein intake.
It also must be further noted that nuts and seeds are also potential sources of
allergens and adverse reactions in individuals, which was not discussed in detail in the
executive summary and could have proven as a beneficial additional information
rather than merely suggesting the inclusion of a scientific advisory panel.

4
Step 2: Read the A1104 Call for Submissions (CFS)
Read the whole document to gain some insights into how FSANZ assesses an application and the
type of language and arguments used.
a. From the Risk Assessment section– list the factors that FSANZ noted with regard to
potential risks(2 marks)
b. From the Risk Management section what risk management strategies did FSANZ propose
in permitting the beverages to be fortified? (2 marks)
c. In relation to the 3 objectives in subsection 18(1) of the FSANZ Act - do you think that
FSANZ has sufficiently explained their decision in relation to these objectives? If so, why?
If not, what else might need to be considered? (2 marks)
1. Absence of protein, fat ad energy assessment between nut and seed beverages and full
cream cow's milk.
2. Consumer perception and acceptability on nut and seed beverages.
3. Micro-nutrient and protein deficiencies in non-dairy consumers.
4. Micro-nutrient losses during nut and seed beverage processing.
5. Low protein content in full cream cow's milk.
1. Fortification of nut and seed beverages, similar to legume and cereal based
beverages, to achieve the nutritional profile as per that found in full cream cow's milk.
2. Improving the protein content of nut and seed beverages from 0.2% to 0.3% m/m as
per cereal based beverages.
3. Production of 'milk substitute blends' consisting of a combination of plant based
dairy alternatives such as nuts, seeds and cereals derivatives of beverages.
Despite the FSANZ Acts 18 (1) objectives adequately explaining their decisions and
needs to be considered for fortification of nut and seed beverages, there may still be a
need to considered 2 additional points:
1. Nuts and seeds are also deemed to be potential causative foods of allergic and
adverse reactions and hence, has not been considered in terms of intolerances
especially in children within the age of 5 years.
2. Nuts and seed based beverages are also relatively inadequate in terms of protein
content - which is not mentioned and must be considered during nutritional labeling of
the same.

5
Step 3: Read Supporting Document 2: Assessment against the Policy Guideline on
Fortification of Foods with Vitamins and Minerals and the submission from NSW FA
What are the main differences between the FSANZ and the NSW FA interpretation of the
application of the Policy Guideline for the fortification of foods with vitamins and minerals? (4
marks)
Step 4: Read the DHHS Tas submission
What additional points are raised in this submission compared to the one from NSW? (2 marks)
While the NSW FA agreed to several, if not, most guidelines of the FSANZ, key
differences can observed. While the FSANZ accepted the inadequate protein content
of nut and seed beverages and requested fortification as per the content in legume
and cereal content - the NSW FA explicitly highlighted the same and noted that nut
and seed beverages must be fortified to a protein content similar to cow's milk, using
dairy alternative blends. Further, the NSW FA also criticizes nut and seed beverages'
avoidance of high sugar, sodium and fat content by noting coconut milk derivatives
will be high in fat. The NSW FA also criticizes low fat almond milk's reduced fat
content as being inadequate in major macro-nutrients as compared to cow's milk.
These considerations, especially that of coconut milk are different since these are
absent in the interpretation by FSANZ.
A number of additional points, different from and otherwise absent from NSW are raised by the
DHHD Tasmania submission. These include:
1. Concerns are raised as to why nut and seed beverages are not required to follow the minimum
protein requirement of 0.3% m/m which were required for cereal based beverages.
2. The DHHS also raised concerns on the true differences between 'coconut milk' and 'coconut
beverages' since the former is available in tetra packs, is used widely in cooking and may cause
confusion among confusion.
3. The DHHS raised concerned on the understanding associated with advisory panel statements,
especially among non-dairy consuming consumers with little nutritional knowledge or unawareness.
5. The DHHS raised concerns on lack of elaboration of the Code's definitions of 'milk', 'milk
substitutes', 'nutritional equivalence', 'beverages' and inconsistencies between 'soy' and 'analogues.

6
Step 5: Read the Dairy Australia submission
Summarise their position on Consumer Perceptions, Risk management and Advisory statements
and Comparative Claims. (2 marks)
Step 6: Read Table 4 Summary of issues (p10-15) in the Approval Report
What is your impression of the responses provided by FSANZ to submitter issues? (2 marks)
In particular, having already read the NSW FA submission, does the FSANZ response adequately
respond to the point made by NSW FA regarding saturated fat from dairy products vs coconut
milk? Why/why not? (3 marks)
Dairy Australia noted in 'Consumer Perceptions' that there is a need to clarify the
classification of nut and seed beverages since without fortification consumers consider
such products as 'discretionary foods' as per Dietary Guidelines. Improved labeling is
required for enhanced consumer comprehension. Considering the low calcium content
and risk of nutrient deficiencies among non-dairy consuming populations, Dairy
Australia suggests Advisory Claims of further regulatory standards for Risk
Management. For Comparative Claims, Dairy Australia suggested the need to
establish consistency in nut and seed beverages' food group classification with that of
the Australian Dietary Guidelines with at least 100mg calcium content per 100 ml.
Upon extensively reading the Summary of Issues, it can be observed that the FSANZ's attempt to
adhere to each and every claim is commendable, but however, key issues lie in terms of clarity, lack
of detail and lack of adequate information. This can be observed most extensively in the issues
associated with naming or definitions of terms related to the Code, which FSANZ refutes as either
being satisfied with the same or using the same for regulatory purposes with no consideration for
consumer understanding. Issues requiring separate applications as stated by the FSANZ have not
been met with substantial detail considering the required procedures for the same. The FSANZ also
does not delve into further detail on the absence of complete nutrient assessment and believes that
a mandatory scientific statement will be adequate.
It can observed that the FSANZ response is not adequate and merely responds to the
NSW FA's statements by merely noting that it agrees that coconut based milk
substitutes does not qualify its claims of being 'low' in saturated fat. There is however,
no elaboration by the FSANZ on how it may seek to address the need for producing a
product with reduced fat or the implications the same would have on consumer health.

7
Step 7: Go to the Food Standards Code and record what is written in the
Standard/Schedule that regulates the Addition of Vitamins and Minerals to Foods in
relation to these nut- and seed-based beverages. (1 mark)
Standard 1.3.2 of the Food Standards Code regulates the Addition of Vitamins and
Minerals to Foods and suggests that nut and seed beverages are regulated by
maximum claims established at 10% or more of the Recommended Dietary Intake,
along with maximum permitted quantity for management of risks associated with
maximum nutrient intake.

8
Step 8: Reflect on what you have learned about the process by which the FSC is amended.
In reflecting, consider these questions: (20 marks – see rubric for distribution)
What did you perceive to be the major purpose or objective of this assignment?
You are now about to write a submission on this issue – what new information did you learn from
doing this assignment that you found valuable and that you would like others to know? Why?
What questions/uncertainties do you have about the process of changing the FSC?
How does what you’ve learned connect to other learning?
How has what you have learned changed your thinking?
Would you be able to now write a submission to FSANZ? Why, why not?
What additional learning would aid in your ability to feel able to write your own submission?
How does working through this assignment help you in a profession in nutrition?
You can write in first person for a reflection, eg “I” feel, this is “my” main issue etc
Upon extensive reading and taking insights from the various application documents of
multiple regulatory bodies, it can be implied that the main purpose of this assignment is the
critically evaluate the nature and process underlying submission of applications to the
FSANZ which will pave the way for learning on the issues to be considered before
complete acceptance of a food product or fortification. Indeed, considering the variety of
applications required for reading, I gained a key insight in the multidisciplinary nature of
food fortification and the role contributed by a number of state and national level regulatory
stakeholders. Prior to submitting this assignment, I would like to highlight that I found the
assignment valuable in terms of enhancing my existing knowledge on the key processes
required to be followed to submit food regulatory based applications to the FSANZ. I also
learned the importance of critiquing existing information considering that every data can
pose key limitations - as observed in the avoidance of consideration of coconut milk based
beverages and consumer food label understanding by the FSANZ, which was rightly
pointed out by the NSW FA and DHHS Tasmania. A key knowledge which I gained and
would like to share with others is the need to consider consumer understanding and
benefits associated with a food product as rightly observed in terms of nutrient deficiencies
and lack of nutritional awareness among non-dairy consuming groups indicated by NSW
FA and DHHS Tasmania. I know understand the need to consider consumer or client
perspectives and disseminate information as per their level of understanding especially in
terms of food consumption and nutrient recommendations. Considering the changes
suggested in the FSC, I do have concerns on the relatively low protein content of the
product along with how consumers may understand and accept the product considering
their existing knowledge of knowing such foods as 'discretionary foods'. This assignment
extensively links to my existing learning on the need to comply to nutritional requirements
for all consumer groups (in this case, calcium and protein) and has also resulted in
changes to my existing thinking on the fact that consumer interests may often be
overlooked by the key national bodies like the FSANZ. However, the extensive critiquing
from various stakeholders required in this assignment has granted me new confidence to
write a submission to FSANZ. I do feel however, that conducting further evidence based
research on food regulations and nutritional needs of consumer groups will aid in
substantiating my claims of writing submissions to the FSANZ. Nutrition takes into
consideration the needs of personal as well as the community. This assignment, not only
enhances my existing knowledge on nutritional content of non-dairy beverages, but also
improves my understanding of nutritional and health risks prevalent in non-dairy
populations.

9

10