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 A1071 which seeks permission for the sale and use of food derived from herbicide-tolerant canola line MON88302. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved 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 canola line MON88302 is not currently permitted for sale or use in food. The Authority has approved a variation to Standard 1.5.2 to permit the sale, or use in food, of food derived from canola line MON88302 in the Schedule.
3. Documents incorporated by reference
The variations to food regulatory measures do 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 A1071 included one round of public consultation following an assessment and the preparation of a draft variation to the Standard and associated report. Submissions were called for on 17 August 2012 for a six-week consultation period.
A Regulation Impact Statement was not required because the proposed 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 canola line MON88302 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 2013, enacted under the Food Standards Australia New Zealand Act 1991, addresses the need to update food standards to include food derived from new genetically modified crops. This legislative instrument was developed by Food Standards Australia New Zealand (FSANZ) following an application to modify existing food standards. FSANZ assessed the application and approved a draft variation to Standard 1.5.2 to allow for the sale and use of food derived from herbicide-tolerant canola line MON88302, which was not previously permitted. This legislative amendment follows a process of public consultation as required by the FSANZ Act, ensuring that the variation has been considered with input from the public and stakeholders. The Regulation does not incorporate any documents by reference and, as a non-disallowable instrument, it is exempt from the requirements for a statement of compatibility with human rights. This amendment aims to keep food standards current and reflective of new agricultural technologies.
Scope and Application
The F2013L00249 legislation, arising from Application A1071 and approved by Food Standards Australia New Zealand (FSANZ) under the Food Standards Australia New Zealand Act 1991, pertains to the amendment of Standard 1.5.2 to permit the sale and use of food derived from the herbicide-tolerant canola line MON88302. This Act applies to food regulatory measures, specifically targeting entities involved in the production, sale, and use of food products in Australia. The variation to the Standard ensures that food derived from canola line MON88302 is now permissible for sale and use in food, a status it did not previously hold as it was not listed in the Schedule to Standard 1.5.2. The legislative process involved one round of public consultation, and the impact of this variation is deemed minor. This legislation is effective throughout the Commonwealth of Australia, with the variation becoming a legislative instrument under the FSANZ Act, exempt from parliamentary disallowance and sunsetting as specified in the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of this legislation, as outlined in the Explanatory Statement, involve the development and variation of food regulatory measures by Food Standards Australia New Zealand (FSANZ) under the Food Standards Australia New Zealand Act 1991 (FSANZ Act). Section 13 of the FSANZ Act provides the Authority with the functions necessary to develop standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code. Specifically, the Authority has accepted Application A1071, which seeks permission for the sale and use of food derived from herbicide-tolerant canola line MON88302. This application has been considered in accordance with Division 1 of Part 3 of the FSANZ Act, which specifies the procedure for considering applications for the development or variation of food regulatory measures. As a result of this consideration, the Authority has approved a draft variation to Standard 1.5.2, permitting the sale and use of food derived from canola line MON88302.
The obligations and requirements imposed by this legislation on the parties and entities it governs are primarily centred around the FSANZ Act's provisions for the development and variation of food regulatory measures. FSANZ is required to accept applications for the development or variation of food regulatory measures, including standards, and to consider these applications in accordance with Division 1 of Part 3 of the FSANZ Act. This process includes the publication of a notice about the variation of a standard, as stipulated in section 92 of the FSANZ Act, and the consideration of public consultation submissions. Additionally, this legislation requires that the approved variation be incorporated into Standard 1.5.2, permitting the sale and use of food derived from canola line MON88302.
The legislation also includes provisions for potential consequences of breaches. Under section 94 of the FSANZ Act, a standard or 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. Furthermore, the legislation 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. There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaches of this legislation, but it is important to note that non-compliance with food regulatory measures could potentially result in legal consequences under other relevant Australian legislation.