Dear Vikas Bhargava
 
I refer to your request below under the Freedom of Information Act 1982
for access to documents held by Food Standards Australian New Zealand
 
You requested access to documents held by Food Standards Australian New
Zealand (FSANZ) that contain the stability/best before data for the
packaged drinking water products that are being sold in supermarkets.
 
Initial checks have confirmed that FSANZ would not hold this data. 
There is no requirement or need for FSANZ to obtain or be provided with
hold this data. This is because -

* FSANZ is responsible for developing the food standards that make up
the [1]Australia New Zealand Food Standards Code (the Code). These
standards set requirements for food produced for sale in, or imported
into, Australia or New Zealand and includes standards for food
labelling.
* [2]Standard 1.2.5 – Information requirements – date marking of food
for sale of the Code sets out the requirements for date marking of
food. A use-by date is required if the food may pose a health and
safety risk to consumers if eaten after a certain period of time. A
food cannot legally be sold after this date. If there are no health
and safety concerns with consuming a food after a period of time, then
a best-before date is required. Foods labelled with a best before date
can legally be sold after that date but they may have lost some
quality.  Further information on date marking , including best before
dates, is available on FSANZ’s website at
[3]http://www.foodstandards.gov.au/consumer....
* Food manufactures and businesses are responsible for determining
whether to include a ‘use by’ or ‘best before’ date on their food
products and to ensure their products comply with the requirements of
the Code.
* Food manufacturers and business are not required to provide the
stability/best before data to FSANZ before they can sell their
products. The Code does not require this.
* FSANZ does not enforce or ensure compliance with the Code.
* The above means that FSANZ would not hold the data relating to the
stability/best before date for the packaged drinking water products
being sold in supermarkets

 
Section 24 of the FOI Act provides that FSANZ may refuse an FOI request
where FSANZ is reasonably satisfied that the documents asked for cannot be
found or do not exist.
 
Given the above, you may wish to consider withdrawing your request. 
Please advise by return email by close of business on Friday 28 January
2022 if you wish to withdraw your request.
 
If you do not reply by then, we will assume that you want to continue with
your request and we will process it accordingly. In this case, you should
expect a decision from us by Friday, 11 February 2022. Please note that
this deadline may be extended if we require you to pay a charge to cover
our cost of processing your request, if we need to consult third parties
or for other reasons. We would advise you if this happens.
I look forward to your response. Please contact me if you require further
information.
 
Owen
 
Owen Walsh
FOI Coordinator  |  FOI
t: 6271 2222  | 
e: [4][email address]
 

 
 
 
 
 
Our values:   DEVELOP •  ACHIEVE  •  ACCOUNTABLE  •  RESPECT  • 
TRANSPARENT

We acknowledge the Aboriginal and Torres Strait Islander peoples as First
Peoples of Australia and Maori as tangata of Aotearoa New Zealand.
 
 
 
 
 
 

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