The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on the date specified in clause 3 of this variation.

Dated 25 July 2014

Standards Management Officer

Delegate of the Board of Food Standards Australia New Zealand

1 Name

This instrument is the Food Standards (Proposal P1017 – Criteria for Listeria monocytogenes – Microbiological Limits for Foods) Variation.

2 Variations to Standards in the Australia New Zealand Food Standards Code

The Schedule varies Standards in the Australia New Zealand Food Standards Code.

3 Commencement

The variations commence on gazettal.

SCHEDULE

[1] Standard 1.6.1 is varied by

[1.1] omitting the heading of the Standard “MICROBIOLOGICAL LIMITS FOR FOOD” and substituting “MICROBIOLOGICAL LIMITS IN FOOD”

[1.2] omitting the Purpose and substituting

“Purpose

This Standard specifies the microbiological food safety criteria which determine the acceptability of a lot or consignment of food for sale or intended for sale.  The Schedule to the Standard sets out sampling plans and the limits that a lot or consignment of food must comply with.  Foods that fail to meet these limits may pose a risk to human health and must not be offered for sale.”

[1.3] inserting in clause 1, in alphabetical order

“listericidal process means a process that reduces Listeria monocytogenes microorganisms in the food to a safe level.”

“ready-to-eat food means a food that –

(a) is ordinarily consumed in the same state as that in which it is sold; and

(b) will not be subject to a listericidal process before consumption; and

(c) is not one of the following –

(i) shelf stable foods;

(ii) whole raw fruits;

(iii) whole raw vegetables

(iv) nuts in the shell;

(v) live bivalve molluscs.”

[1.4] omitting subclause 2(2) and substituting

“(2) The limit for SPC in the Schedule does not apply to powdered infant formula products that contain lactic acid producing microorganisms.”

[1.5] omitting clause 4 and substituting

“4 Reference methods of analysis

(1) The following reference methods must be used to determine whether a food has exceeded the maximum permissible levels of microorganisms specified in the Schedule in relation to that food –

(a) for a food other than packaged water, packaged ice or mineral water –

(i) the relevant method prescribed by Australian Standard AS5013; or

(ii) the relevant method referenced by Australian Standard AS5013 and prescribed by the International Organization for Standardization; or

(iii) any equivalent method as determined by –

(A) Australian New Zealand Standard AS/NZS 4659; or

(B) ISO 16140:2003; and

(b) for packaged water, packaged ice or mineral water—the relevant method prescribed by Australian New Zealand Standard AS/NZS 4276.

(2) A reference to a Standard in subclause (1) is a reference to that Standard as in force at the commencement of this provision.”

[1.6] inserting after clause 5

“6 Food in which growth of Listeria monocytogenes will not occur

(1) For the purposes of the Schedule, growth of Listeria monocytogenes will not occur in a ready-to-eat food if –

(a) the food has a pH less than 4.4 regardless of water activity; or

(b) the food has a water activity less than 0.92 regardless of pH; or

(c) the food has a pH less than 5.0 in combination with a water activity of less than 0.94; or

(d) the food has a refrigerated shelf life no greater than 5 days; or

(e) the food is frozen (including foods consumed frozen and those intended to be thawed immediately before consumption); or

(f) it can be validated that the level of Listeria monocytogenes will not increase by greater than 0.5 log cfu/g over the food’s stated shelf life.

(2) For the purposes of the Schedule, a ready-to-eat food that does not receive a listericidal process during manufacture is taken to be a food in which growth of Listeria monocytogenes will not occur if the level of Listeria monocytogenes will not exceed 100 cfu/g within the food’s expected shelf life.

(3) For the purposes of subclause (2), a ready-to-eat food that does not receive a listericidal process during manufacture is taken to include –

(a) ready-to-eat processed finfish; and

(b) fresh cut and packaged horticultural produce.”

[1.7] omitting the Schedule and substituting

“SCHEDULE

Microbiological limits in food

”

[1.8] updating the Table of Provisions to reflect these variations

[2] Standard 4.2.5 is varied by omitting the Editorial note at the end of clause 21 and substituting

“

”