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 A1064 which seeks permission for the sale and use of food derived from herbicide-tolerant soybean line CV127. The Authority considered the Application in accordance with Division 1 of Part 3 and has prepared a draft variation to a 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 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 CV127 is not currently permitted for sale or use in food. The purpose of the variation is to permit the sale or use in food of food derived from soybean line CV127 by including it in the Schedule to Standard 1.5.2.
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 A1064 included one round of public consultation following an assessment and the preparation of a draft variation to the Standard. A Report (which included the draft variation) was released on 24 January 2012 for a six-week consultation period.
A Regulation Impact Statement (RIS) was not required because the 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 a permission for food derived from soybean line CV127 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 Amendment Regulation 2012 (F2012L01537), enacted in 2012, addresses the problem of updating food regulatory standards to accommodate new food products derived from genetically modified organisms. This regulation is an amendment to the Food Standards Australia New Zealand Act 1991 (FSANZ Act) and was introduced to respond to an application for the sale and use of food derived from a specific herbicide-tolerant soybean line, CV127, which was not previously permitted for sale or use in food. The Authority under the FSANZ Act, Food Standards Australia New Zealand, considered the application and prepared a draft variation to the relevant food standard. The policy objective is to allow for the safe inclusion of this new food product in the food supply while ensuring public health and safety are maintained. The regulation was developed following a consultation process and is exempt from requiring a statement of compatibility with human rights as it is a non-disallowable instrument under the FSANZ Act.
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, and this specific legislative instrument concerns a variation to Standard 1.5.2 of the Australia New Zealand Food Standards Code. The Authority, Food Standards Australia New Zealand, has accepted an application for the sale and use of food derived from herbicide-tolerant soybean line CV127, which is not currently permitted under the existing Standard. The Authority's consideration of this application has involved public consultation and the preparation of a draft variation, and the variation will permit the sale and use of food derived from soybean line CV127 by including it in the Schedule to Standard 1.5.2. This legislative instrument is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 and is exempt from the requirements for a statement of compatibility with human rights. The variation is intended to have a minor impact on business and individuals, and therefore a Regulation Impact Statement was not required.
Key Provisions
The key provisions of this legislation revolve around the amendment to Standard 1.5.2 of the Australia New Zealand Food Standards Code, specifically to permit the sale and use of food derived from herbicide-tolerant soybean line CV127. This variation follows the acceptance of Application A1064 by Food Standards Australia New Zealand (FSANZ) under section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). The Authority considered this application and drafted a variation to the standard in accordance with Division 1 of Part 3 of the FSANZ Act, which details the procedure for considering applications for food regulatory measures. Following this consideration, and after review by the COAG Legislative and Governance Forum on Food Regulation, the Authority is mandated under section 92 of the FSANZ Act to publish a notice about the variation of a standard. The variation itself is considered a legislative instrument, but it is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as specified by section 94 of the FSANZ Act.
The obligations imposed by this Act on the parties or entities it governs primarily concern the implementation and compliance with the new standard. FSANZ is required to ensure that the variation to Standard 1.5.2 is properly drafted, published, and communicated to relevant stakeholders. This includes conducting necessary consultations, as stipulated in Division 1 of Part 3 of the FSANZ Act, to gather public feedback on the draft variation. The Authority has already completed one round of public consultation, releasing a Report on 24 January 2012 for a six-week period. Additionally, FSANZ must ensure that the new standard is incorporated into the Schedule to Standard 1.5.2, thereby officially permitting the sale and use of food derived from soybean line CV127.
The legislation does not explicitly outline specific offences, penalties, or consequences for breaches of the new standard. However, non-compliance with food standards in Australia is generally regulated under state and territory food safety legislation. Offences and penalties for breaches of these standards can include fines and imprisonment for serious violations, depending on the jurisdiction. The FSANZ Act itself focuses more on the procedural aspects of developing and varying food standards, rather than penalising individual breaches of these standards. Nevertheless, entities involved in the sale or use of food derived from soybean line CV127 must adhere to the new standard to avoid potential regulatory action under the broader food safety laws.