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 A1051 which seeks permission for the sale and use of food derived from herbicide-tolerant soybean line FG72. The Authority considered the Application in accordance with Division 1 of Part 3 and has prepared a draft Standard.
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 draft 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 and operation
As it is not listed in the Schedule to Standard 1.5.2, food derived from soybean line FG72 is not currently permitted for sale or use in food. Therefore, FSANZ is proposing to vary Standard 1.5.2 by including food derived from soybean line FG72 in the Schedule.
3. Documents incorporated by reference
The 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 A1051 included one round of public consultation following an assessment and the preparation of a draft variation. A Report (which included the draft Standard) was released for a six-week consultation period.
A Regulation Impact Statement (RIS) was not required because the use of food derived from soybean line FG72, 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
This item adds food derived from soybean line FG72 into 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 Act 1991 (FSANZ Act) was enacted by the Parliament of Australia to address the need for a unified approach to food regulation across Australia and New Zealand. The Act established Food Standards Australia New Zealand (FSANZ) as the primary body responsible for developing food standards and variations of standards to be included in the Australia New Zealand Food Standards Code. This Act was introduced to ensure consistent and high standards in the food industry, protecting public health and safety while facilitating trade. FSANZ is mandated to consider applications for the development or variation of food regulatory measures, including standards, and to publish notices regarding draft standards or variations as stipulated in the Act. The Act also specifies that standards or variations of standards, once a notice is published, are considered legislative instruments but are exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
Scope and Application
The legislation F2012L00208 pertains to the Food Standards Australia New Zealand Act 1991, with the primary focus being the acceptance of an application for the sale and use of food derived from herbicide-tolerant soybean line FG72. The application was processed by Food Standards Australia New Zealand (FSANZ), which is mandated by section 13 of the FSANZ Act to develop and vary food standards. The Authority has prepared a draft standard for this variation, following the stipulated procedure in Division 1 of Part 3 of the FSANZ Act, which includes public consultation. As food derived from soybean line FG72 is not listed in the Schedule to Standard 1.5.2, it is currently not permitted for sale or use in food, and this variation seeks to amend that. The draft standard, which is subject to publication under section 92 of the FSANZ Act, is not subject to parliamentary disallowance or sunsetting, as specified in section 94 of the FSANZ Act. This legislative instrument does not incorporate any documents by reference and is exempt from the requirement of a statement of compatibility with human rights.
Key Provisions
The legislation primarily operates through the Food Standards Australia New Zealand (FSANZ) Act 1991, which empowers the Authority to develop and vary food standards, including those pertaining to the sale and use of food derived from genetically modified organisms. Section 13 of the FSANZ Act outlines the Authority's function of developing standards, while Division 1 of Part 3 details the process for considering applications for new or varied standards. In this instance, FSANZ has accepted Application A1051, which seeks approval for the sale and use of food derived from herbicide-tolerant soybean line FG72. This application has been considered under the stipulated procedures, and a draft Standard has been prepared. Once the draft standard is finalised, it will be published as a notice under section 92 of the FSANZ Act and will be subject to review by the COAG Legislative and Governance Forum on Food Regulation. Section 94 of the FSANZ Act specifies that such standards, once published, are legislative instruments but are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
The FSANZ Act imposes certain obligations on the Authority and other entities involved in the food regulatory process. Section 13 mandates that the Authority develop food standards, while Division 1 of Part 3 outlines the procedure for considering applications for new or varied standards. This includes a requirement to publish a notice under section 92 once a draft standard has been prepared, allowing for public consultation and review by the relevant ministerial council. The Authority must also ensure that any proposed standards or variations are compatible with human rights, although this particular variation is exempt from such requirements due to its non-disallowable nature under section 94 of the FSANZ Act. Furthermore, the Authority must conduct public consultation as part of the process, as stipulated in Division 1 of Part 3 of the Act.
Breach of the provisions outlined in the FSANZ Act could lead to various consequences, although specific offences and penalties are not detailed in this legislation. Generally, non-compliance with food standards in Australia could result in enforcement actions by FSANZ or state and territory authorities, including fines, product recalls, and other regulatory measures. The maximum penalties for breaches of food standards are not specified in this particular legislation but would typically be determined by the relevant state or territory legislation governing food safety and standards. The FSANZ Act itself does not impose civil or criminal penalties but relies on the broader framework of food regulation in Australia to enforce compliance and address non-compliance.