Australia New Zealand Food Standards Code – Transitional Variation 2015 (Application A1097 – Food derived from Herbicide-tolerant and Insect-protected Corn Line MON87411)

Overview

The Food Standards Australia New Zealand Act 1991 was enacted to establish the framework for the development of food standards and variations, ensuring the safety and quality of food across Australia and New Zealand. The Act empowers Food Standards Australia New Zealand to consider applications for the development or variation of food regulatory measures, including standards. Enacted by the Australian Parliament, the legislation aims to streamline the process for updating food standards to reflect scientific advancements and consumer needs. This particular legislative instrument, introduced through the acceptance of Application A1097, seeks to amend the Australia New Zealand Food Standards Code to permit the sale and use of food derived from herbicide-tolerant and insect-protected corn line MON87411. The process involved a single round of public consultation and was approved following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation. This legislative variation is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, reflecting its non-disallowable nature as specified under section 94 of the FSANZ Act.

Scope and Application

The Food Standards Australia New Zealand Act 1991 provides the legislative framework for Food Standards Australia New Zealand to develop and vary food regulatory measures, including standards, for inclusion in the Australia New Zealand Food Standards Code. In accordance with this Act, the Authority has approved a draft Standard following the consideration of Application A1097, which seeks permission for the sale and use of food derived from herbicide-tolerant and insect-protected corn line MON87411. The approved draft Standard is subject to public consultation as required by Division 1 of Part 3 of the FSANZ Act and is not subject to disallowance or sunsetting under the Legislative Instruments Act 2003. The purpose of the variation is to permit the sale or use in food of food derived from herbicide-tolerant and insect-protected corn line MON87411 by inserting a reference to it into the Schedule 26 of the Code. The variation does not incorporate any documents by reference. The Authority’s consideration of the Application included one round of public consultation for an eight-week period, with submissions being called for on 16 December 2014. A Regulation Impact Statement was not required as the Application is likely to have a minor impact on business and individuals. This instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act.

Key Provisions

The key provisions of the legislation (F2015L01225) concern the approval and variation of a food regulatory measure by Food Standards Australia New Zealand (FSANZ). According to section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), FSANZ is tasked with developing standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code). Division 1 of Part 3 of the FSANZ Act outlines the process for accepting and considering applications for the development or variation of food regulatory measures. In this instance, FSANZ accepted Application A1097, which sought permission for the sale and use of food derived from herbicide-tolerant and insect-protected corn line MON87411 (MON87411). Following the prescribed procedure, FSANZ approved a draft Standard, which was subsequently considered by the Australia and New Zealand Ministerial Forum on Food Regulation. The Act imposes several obligations on FSANZ and other entities it governs. Under section 92 of the FSANZ Act, FSANZ must publish a notice about the standard or draft variation of a standard. This ensures transparency and allows stakeholders to be informed about the changes. The variation approved by FSANZ, as specified in section 94 of the FSANZ Act, is a legislative instrument but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. This means that while the standard or variation is legally binding, it does not require parliamentary approval and is not subject to automatic expiration. The legislation also includes provisions regarding the incorporation of documents by reference, public consultation, and compatibility with human rights. The variation to the food regulatory measure does not incorporate any documents by reference. Public consultation was conducted as part of the consideration process for Application A1097, with submissions invited for an eight-week period starting on 16 December 2014. A Regulation Impact Statement was not required for this variation, as it was assessed to have a minor impact on business and individuals. Additionally, this instrument is exempt from the requirements for a statement of compatibility with human rights because it is a non-disallowable instrument under section 94 of the FSANZ Act. In terms of consequences for breach, the legislation does not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance with the approved standard or variation. However, as a legislative instrument, failure to adhere to the approved food regulatory measure could result in regulatory action by FSANZ or other relevant authorities. The specific penalties for non-compliance would depend on the nature of the breach and the applicable laws and regulations governing food standards and safety in Australia and New Zealand.