Food Standards (Application A1063 – Food derived from Herbicide-tolerant Soybean MON87708) Variation

Overview

The Food Standards Australia New Zealand Amendment Instrument F2012L01061 was enacted in 2012 under the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) to address the need for the inclusion of food derived from a specific herbicide-tolerant soybean line, MON87708, in the Australia New Zealand Food Standards Code (the Code). The Act empowers the Authority to develop and vary food standards, and following the acceptance of Application A1063, the Authority approved a draft variation to Standard 1.5.2 to permit the sale and use of food derived from soybean line MON87708. This legislative instrument was introduced by the Parliament of Australia and is aimed at ensuring that the food regulatory framework accommodates new food products that meet safety and quality standards. The variation to the Code, once approved and published, becomes a legislative instrument but remains exempt from parliamentary disallowance and sunsetting provisions under the Legislative Instruments Act 2003.

Scope and Application

The Food Standards Australia New Zealand Act 1991, as amended by the legislative instrument F2012L01061, applies to Food Standards Australia New Zealand (FSANZ), which is responsible for developing and varying standards for the Australia New Zealand Food Standards Code. This Act allows FSANZ to consider applications for the development or variation of food regulatory measures, including standards, as outlined in Division 1 of Part 3. The specific legislative instrument concerns the acceptance and approval of Application A1063, which pertains to the sale and use of food derived from the herbicide-tolerant soybean line MON87708. The application process involved public consultation and was conducted in accordance with the FSANZ Act, resulting in a variation to Standard 1.5.2 to include food derived from soybean line MON87708 in the Schedule. The geographic reach of this legislation is national, impacting both Australia and New Zealand. Notably, the approved variation is a legislative instrument but is exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as specified in section 94 of the FSANZ Act. The Act does not incorporate any documents by reference and does not require a Regulation Impact Statement as the variation is expected to have a minor impact on business and individuals.

Key Provisions

Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) mandates that Food Standards Australia New Zealand (the Authority) develop standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code). This provision empowers the Authority to accept applications for the development or variation of food regulatory measures, including standards. In accordance with this mandate, the Authority considered Application A1063, which seeks permission for the sale and use of food derived from herbicide-tolerant soybean line MON87708. After thorough consideration, the Authority approved a draft Standard variation to include this type of food in the Code. The obligations imposed on the Authority under Division 1 of Part 3 of the FSANZ Act include the acceptance of applications for food regulatory measure variations, such as Application A1063. This process mandates a formal procedure, including public consultation, assessment, and preparation of draft variations. In the case of Application A1063, the Authority undertook one round of public consultation, releasing a Report that included the draft variation on 18 October 2011 for a six-week consultation period. The Authority also determined that a Regulation Impact Statement (RIS) 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 further stipulates that once an application is approved, the Authority must publish a notice regarding the variation of a standard under section 92. This ensures transparency and informs the public and stakeholders of any changes to food regulatory measures. Additionally, section 94 of the FSANZ Act specifies that a standard or a variation of a standard, in relation to which a notice is published, is considered a legislative instrument. However, it is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. The approved variation, which adds food derived from soybean line MON87708 into the Schedule to Standard 1.5.2, is thus exempt from these legislative requirements. Breaches of the FSANZ Act and non-compliance with the approved variations can lead to various consequences. While the explanatory statement does not specify particular offences or penalties for breaching the variation to include food derived from soybean line MON87708, general provisions within the FSANZ Act and associated regulations may apply. These could include fines, legal action, or other civil and criminal penalties for non-compliance with food standards and variations. The exact penalties would depend on the specific circumstances and relevant provisions of the FSANZ Act and other applicable legislation.