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 A1066 which seeks permission for the sale and use of food derived from herbicide-tolerant corn line MON87427. 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 corn line MON87427 is not currently permitted for sale or use in food. Therefore, FSANZ is proposing to vary Standard 1.5.2 to permit the sale, or use in food, of food derived from corn line MON87427 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 A1066 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 16 January 2012 for a six-week consultation period.
A Regulation Impact Statement 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 food derived from corn line MON87427 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 was enacted to establish Food Standards Australia New Zealand (FSANZ) as a body responsible for the development and maintenance of the Australia New Zealand Food Standards Code. This legislation was introduced to address the need for a unified regulatory framework for food standards across Australia and New Zealand. The Act aims to ensure that food is safe, of high quality, and accurately described, thereby protecting public health and providing consumer confidence in the food supply. The Parliament of Australia enacted this legislation to provide a consistent approach to food regulation across the two countries. The Authority has accepted an application, A1066, to permit the sale and use of food derived from herbicide-tolerant corn line MON87427, and has drafted a variation to Standard 1.5.2 of the Code to include this food in the permitted list. Public consultation was undertaken as part of the process to consider this application.
Scope and Application
The legislation F2012L01536, which pertains to a variation of Standard 1.5.2 in the Australia New Zealand Food Standards Code, applies to Food Standards Australia New Zealand (FSANZ), the entity responsible for developing and varying food standards in accordance with the Food Standards Australia New Zealand Act 1991. This Act empowers FSANZ to accept applications for the development or variation of food regulatory measures, including standards, and mandates the procedure for considering such applications. The scope of this legislation extends to the proposed sale and use of food derived from herbicide-tolerant corn line MON87427, which is currently not permitted for sale or use in food as it is not listed in the Schedule to Standard 1.5.2. FSANZ's acceptance of Application A1066, following the stipulated procedure, has led to the preparation of a draft variation to the Standard. This variation, once published as per section 92 of the FSANZ Act, will allow for the sale or use of food derived from corn line MON87427 within the food industry. The geographic reach of this legislation is national, as it pertains to food standards applicable across Australia and New Zealand. Additionally, the variation is exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as per section 94 of the FSANZ Act, and it does not incorporate any documents by reference.
Key Provisions
The legislation in question primarily involves the Food Standards Australia New Zealand Act 1991 (FSANZ Act) and the proposed variation to Standard 1.5.2, concerning the sale and use of food derived from herbicide-tolerant corn line MON87427. Section 13 of the FSANZ Act empowers the Authority to develop or vary standards for inclusion in the Australia New Zealand Food Standards Code (Code). Specifically, under section 92, the Authority must publish a notice about any variation of a standard, which becomes a legislative instrument but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 (section 94). The proposed variation to Standard 1.5.2 seeks to permit the sale or use of food derived from corn line MON87427, currently not allowed because it is not listed in the Schedule to the standard.
The obligations imposed by this legislation primarily concern the Authority's process for considering applications and variations to food regulatory measures. According to Division 1 of Part 3 of the FSANZ Act, the Authority must accept applications for the development or variation of food regulatory measures and follow a specified procedure. This includes conducting a round of public consultation following an assessment and the preparation of a draft variation. In this case, the Authority followed these procedures with Application A1066, releasing a report with the draft variation on 16 January 2012 for a six-week consultation period. Additionally, the Authority must ensure that any new standards or variations are compatible with the overarching human rights framework, although this particular variation is exempt from the requirement for a statement of compatibility as it is a non-disallowable instrument under section 94 of the FSANZ Act.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of the provisions in this legislation. However, the FSANZ Act and related regulations govern the overall framework within which the Authority operates. Breaches of these regulations could lead to enforcement actions, fines, or other sanctions as stipulated by the relevant Acts and regulations. The text does not specify maximum penalties but indicates that the variation to Standard 1.5.2 is likely to have a minor impact on business and individuals, which may imply a lesser regulatory burden or penalty for non-compliance with the new standard.