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 A1085 which seeks permission for the sale and use of food derived from reduced lignin lucerne line KK179. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved the variation to Standard 1.5.2.
Following consideration by the COAG Legislative and Governance 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
As it is not listed in the Schedule to Standard 1.5.2, food derived from lucerne line KK179 is not currently permitted for sale or use in food. This variation permits the sale, or use in food, of food derived from lucerne line KK179.
3. Documents incorporated by reference
This variation does 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 A1085 included one round of public consultation following an assessment and the preparation of a draft variation to the Standard and associated report. Submissions were called for on 8 October 2013 for a six-week consultation period.
A Regulation Impact Statement was not required because the proposed variation to Standard 1.5.2 is 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
This item adds food derived from lucerne line KK179 to the Schedule to Standard 1.5.2.
[1] Previously known as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Amendment Regulation 2014 (F2014L00455) was enacted to address a gap in the Food Standards Australia New Zealand Act 1991 (FSANZ Act) concerning the regulation of food derived from specific lucerne varieties. This legislation was introduced to allow for the sale and use of food derived from reduced lignin lucerne line KK179, which was not previously permitted under the existing food standards. The regulation was approved by Food Standards Australia New Zealand (FSANZ) following public consultation and was subsequently subject to notification as required under the FSANZ Act. The policy objective behind this amendment was to enable the incorporation of new food products into the market, subject to safety and quality standards, while ensuring compliance with the regulatory framework.
This amendment was made by the FSANZ, acting within the authority granted by the FSANZ Act, and it was exempt from certain requirements such as disallowance or sunsetting under the Legislative Instruments Act 2003. The introduction of this regulation aimed to streamline the process for updating food standards to reflect new scientific and market developments, ensuring consumer protection and facilitating innovation in food production.
Scope and Application
The legislation F2014L00455 pertains to the approval of a variation to Standard 1.5.2 of the Australia New Zealand Food Standards Code, specifically to permit the sale and use of food derived from reduced lignin lucerne line KK179. This legislative instrument was developed under the authority granted by the Food Standards Australia New Zealand Act 1991, which empowers Food Standards Australia New Zealand to accept applications for the development or variation of food regulatory measures. The variation was approved following a public consultation process and is now published as a legislative instrument, although it is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. This variation applies to the food industry and all entities involved in the sale and use of lucerne-derived food products in Australia and New Zealand, extending the permissible use of lucerne line KK179 in food products. The variation does not incorporate any documents by reference and exempts the instrument from requiring a statement of compatibility with human rights as it is a non-disallowable instrument under the FSANZ Act.
Key Provisions
The main operative sections of this legislation are sections 13 and 92 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). Section 13 provides that the Authority (Food Standards Australia New Zealand) is responsible for developing standards and variations of standards for the Australia New Zealand Food Standards Code. Section 92 mandates that the Authority must publish a notice regarding the standard or draft variation of a standard. In this case, the Authority has approved a variation to Standard 1.5.2, allowing the sale and use of food derived from reduced lignin lucerne line KK179, and has published a notice accordingly.
The obligations and requirements imposed by the Act on the Authority are primarily centred around the procedure for considering applications for the development or variation of food regulatory measures. Division 1 of Part 3 of the FSANZ Act outlines this procedure, which includes a requirement for public consultation following an assessment and the preparation of a draft variation to the Standard and associated report. In this instance, the Authority conducted one round of public consultation on Application A1085, with submissions called for on 8 October 2013 for a six-week consultation period. Additionally, the Authority must ensure that the variation is compatible with human rights, although this 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.
Under the FSANZ Act, there are potential civil and criminal consequences for breach of the legislation. However, the Explanatory Statement does not provide specific details on the offences, penalties, or consequences for breach of this particular variation to Standard 1.5.2. It is important to note that the FSANZ Act may have broader provisions addressing offences and penalties for non-compliance with its standards and regulations. In general, the FSANZ Act empowers authorised officers to enforce the standards and regulations, and breaches may result in administrative penalties, fines, or legal action. The specific penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the FSANZ Act or other applicable legislation.