Food Standards (Application A1060 – Food derived from Insect-protected Corn Line 5307) Variation

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to ensure the safety and quality of the food supply in Australia and New Zealand. The Act established Food Standards Australia New Zealand (FSANZ) as the body responsible for developing food standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code. The Act provides a framework for considering applications for the development or variation of food regulatory measures, including standards. FSANZ accepted Application A1060, which seeks to approve food derived from insect-protected corn line 5307, and has approved a draft Standard. The purpose of this draft Standard is to include food derived from corn line 5307 in the Code, which is currently not approved. The Authority’s consideration of Application A1060 included one round of public consultation, and a Regulation Impact Statement was not required as the variation to Standard 1.5.2 is likely to have a minor impact on business and individuals. The FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard, and that a standard, or a variation of a standard, in relation to which a notice is published is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.

Scope and Application

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) mandates Food Standards Australia New Zealand (FSANZ) to develop food standards, including variations to existing standards, as specified in section 13 of the Act. FSANZ has accepted Application A1060 to approve food derived from insect-protected corn line 5307, and following the stipulated procedures, has approved a draft Standard. This legislation applies to FSANZ and the entities involved in the production and distribution of food in Australia and New Zealand. The geographic reach of this Act is national, affecting both Commonwealth and state/territory jurisdictions within Australia and New Zealand. The proposed variation to Standard 1.5.2, which includes food derived from corn line 5307, is a legislative instrument but is exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as outlined in section 94 of the FSANZ Act. There are no exclusions, exemptions, or thresholds specified in this particular Act, and the process involves one round of public consultation following the completion of the Assessment Report and the preparation of the draft variation.

Key Provisions

The main sections of this legislation (F2012L00932) concern the approval and publication of a draft variation to Standard 1.5.2 of the Australia New Zealand Food Standards Code, which relates to the inclusion of food derived from insect-protected corn line 5307. Specifically, section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) empowers the Authority to develop and vary standards, and section 92 requires the Authority to publish a notice about any approved standard or draft variation. The Authority has considered Application A1060 under Division 1 of Part 3 of the FSANZ Act and approved a draft variation to include food derived from corn line 5307 in the Code. The Authority’s consideration of the application involved a round of public consultation, as mandated by the Act, and a Regulation Impact Statement was not required due to the minor impact of the proposed variation. The FSANZ Act imposes several obligations on the Authority. It mandates the Authority to consider applications for the development or variation of food regulatory measures and to conduct public consultations in accordance with the procedures outlined in the Act. Specifically, section 92 requires the Authority to publish a notice about the standard or draft variation once it is approved. Furthermore, the Authority must ensure that any legislative instrument, such as a variation to a standard, is consistent with the provisions of the FSANZ Act and complies with any relevant procedures, including consultation requirements. Breach of the provisions of the FSANZ Act may lead to civil or criminal consequences. However, in this specific case, the proposed variation to Standard 1.5.2 is likely to have a minor impact on business and individuals, and no specific offences or penalties are outlined in the explanatory statement. The variation itself is a legislative instrument under section 94 of the FSANZ Act, which specifies that it is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. The instrument is exempt from the requirements for a statement of compatibility with human rights because it is a non-disallowable instrument. This means that while the Authority must adhere to the statutory requirements for consultation and approval, the potential for penalties for non-compliance is not detailed in this particular legislation.