Food Standards (Application A1073 - Food derived from Herbicide-tolerant Soybean DAS-44406-6) Variation

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted by the Commonwealth Parliament to establish Food Standards Australia New Zealand (FSANZ) as the body responsible for the development and maintenance of food standards across Australia and New Zealand. The Act provides a framework for the creation, variation, and enforcement of food standards, ensuring food safety and public health while facilitating trade. FSANZ can accept applications for the development or variation of food standards, a process that includes public consultation as stipulated in Division 1 of Part 3 of the Act. This legislative framework addresses the need for consistent and science-based food standards that protect consumers while supporting the food industry. The explanatory statement outlines the Authority's consideration of an application to allow the sale and use of food derived from a specific herbicide-tolerant soybean line, DAS-44406-6, which was not previously permitted under existing standards. The process adheres to the legislative requirements, including public consultation, and the resulting legislative instrument is not subject to parliamentary disallowance or sunsetting.

Scope and Application

The legislation F2013L00662, under the Food Standards Australia New Zealand Act 1991, pertains to the development and variation of food regulatory measures within the Australia New Zealand Food Standards Code. Specifically, this legislation addresses the application for the sale and use of food derived from herbicide-tolerant soybean line DAS-44406-6, which was previously unlisted in Standard 1.5.2, thereby not permitted for sale or use. Following the procedure outlined in Division 1 of Part 3 of the FSANZ Act, the Authority conducted a public consultation to gather submissions on the draft variation. The consultation period was six weeks, beginning on 25 October 2012, and a Regulation Impact Statement was deemed unnecessary due to the anticipated minor impact of the proposed variation on businesses and individuals. The approved variation now allows for the sale and use of food derived from soybean line DAS-44406-6 by incorporating it into the Schedule to Standard 1.5.2. This legislative 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.

Key Provisions

The key provisions of this legislation pertain to the Food Standards Australia New Zealand Act 1991 (FSANZ Act) and concern the variation of food standards to permit the sale and use of food derived from a specific herbicide-tolerant soybean line, DAS-44406-6. Under section 13 of the FSANZ Act, the Authority has the function to develop standards and variations of standards for the Australia New Zealand Food Standards Code. In this instance, the Authority accepted Application A1073 and approved a draft variation to Standard 1.5.2 to permit the sale and use of food derived from the soybean line DAS-44406-6, which was not previously listed in the Schedule to Standard 1.5.2 (sections 1 and 2). The Authority considered the application in accordance with Division 1 of Part 3 of the FSANZ Act, including a round of public consultation, and has published a notice of the variation under section 92 of the FSANZ Act (sections 2 and 4). The legislation imposes obligations on the Authority to consider applications for variations to food standards, including undertaking public consultation and preparing a draft variation and associated report. The Authority must then publish a notice of the variation (section 92 of the FSANZ Act). The Authority is also required to prepare a Regulation Impact Statement unless the proposed variation is likely to have a minor impact on business and individuals (section 4). This variation does not incorporate any documents by reference. 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 (section 94 of the FSANZ Act). This instrument is exempt from the requirements for a statement of compatibility with human rights (section 5). The legislation does not specify any offences, penalties, or consequences for breach of the variation. However, any breach of the Food Standards Code or the FSANZ Act may be subject to enforcement action by FSANZ, including fines and court action, depending on the nature and severity of the breach.