Explanatory Statement
1. Authority
Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides that the functions of Food Standards Australia New Zealand (the Authority) include the development of 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 specifies that the Authority may accept applications for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering an application for the development or variation of food regulatory measures.
FSANZ accepted Application A1106 which seeks permission for the sale and use of food derived from herbicide-tolerant and insect-protected corn line 4114 (line 4114). The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft Standard.
Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation[1], section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.
Section 94 of the FSANZ Act specifies that a standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
2. Purpose
The variation inserts a reference to herbicide-tolerant and insect-protected corn line 4114 into Schedule 26 in order to permit the sale, or use in food, of food derived from that corn line.
3. Documents incorporated by reference
The variations to food regulatory measures do not incorporate any documents by reference.
4. Consultation
In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1106 included one round of public consultation following an assessment and the preparation of a draft variation.
A Regulation Impact Statement was not required because the use of food derived from line 4114, if approved, would be voluntary and would be likely to have a minor impact on business and individuals.
5. Statement of compatibility with human rights
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.
6. Variation
Item [1] varies the item ‘Corn’ in the table to subsection S26—3(4) of Schedule 26 by inserting a reference to herbicide-tolerant and insect-protected corn line 4114. The effect of the variation is to permit the sale and use of food derived from that corn line in accordance with Standard 1.5.2.
[1] convening as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) governs the functions of Food Standards Australia New Zealand (FSANZ), including the development and variation of standards for the Australia New Zealand Food Standards Code. This Act enables FSANZ to consider applications for the development or variation of food regulatory measures and specifies the procedure for such considerations. In accordance with the FSANZ Act, FSANZ accepted and considered Application A1106, which sought permission for the sale and use of food derived from herbicide-tolerant and insect-protected corn line 4114 (line 4114). Following public consultation, FSANZ approved a draft Standard, which was subsequently considered by the Australia and New Zealand Ministerial Forum on Food Regulation. The purpose of the variation is to insert a reference to herbicide-tolerant and insect-protected corn line 4114 into Schedule 26, thereby permitting the sale and use of food derived from that corn line. The variation 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. This legislative instrument was enacted by the Parliament of Australia to address the gap in food regulatory measures concerning the sale and use of food derived from specific corn lines.
Scope and Application
The Food Standards Australia New Zealand Act 1991 provides the legislative framework for the development and variation of food standards in Australia and New Zealand. Pursuant to this Act, Food Standards Australia New Zealand (FSANZ) accepted an application to allow the sale and use of food derived from herbicide-tolerant and insect-protected corn line 4114. This legislative instrument follows the approval of a draft Standard by FSANZ and subsequent endorsement by the Australia and New Zealand Ministerial Forum on Food Regulation. The purpose of this instrument is to amend Schedule 26 of the Australia New Zealand Food Standards Code to include a reference to corn line 4114, thereby enabling the sale and use of food derived from this corn line. This legislative instrument does not incorporate any documents by reference and was subject to one round of public consultation as part of the FSANZ application process. The instrument is exempt from the requirement for a statement of compatibility with human rights as it is a non-disallowable instrument under the FSANZ Act. The variation permits the sale and use of food derived from herbicide-tolerant and insect-protected corn line 4114, in accordance with Standard 1.5.2.
Key Provisions
The primary sections of the legislation focus on the development and variation of food regulatory measures, specifically permitting the sale and use of food derived from herbicide-tolerant and insect-protected corn line 4114. Under section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), the Authority 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 procedure for considering applications for the development or variation of food regulatory measures. Following the consideration of Application A1106, the Authority approved a draft Standard, which was subsequently reviewed by the Australia and New Zealand Ministerial Forum on Food Regulation. Pursuant to section 92 of the FSANZ Act, the Authority is required to publish a notice regarding the standard or draft variation of a standard.
The legislation imposes several obligations on the parties and entities it governs. Firstly, it mandates the Authority to consider applications for the development or variation of food regulatory measures in accordance with the procedures outlined in Division 1 of Part 3 of the FSANZ Act. The Authority must also conduct at least one round of public consultation following an assessment and the preparation of a draft variation. Furthermore, the Authority is required to publish a notice about the standard or draft variation of a standard in compliance with section 92 of the FSANZ Act.
The FSANZ Act also outlines specific consequences for breaches of the legislation. While the draft Standard is a legislative instrument under section 94 of the FSANZ Act, it is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. Additionally, the instrument is exempt from the requirements for a statement of compatibility with human rights due to its non-disallowable nature under section 94 of the FSANZ Act. Any breaches of the approved standard or draft variation of a standard would be subject to the existing regulatory framework and enforcement mechanisms under the FSANZ Act. However, the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the text of this particular legislation. The penalties for breaches of the Food Standards Australia New Zealand Act 1991 or any related regulations would be determined by the relevant provisions within those Acts.