Food Standards (Application A1080 – Food derived from Herbicide-tolerant Cotton MON88701) Variation

Overview

The Food Standards Australia New Zealand Act 1991 was enacted to establish Food Standards Australia New Zealand (FSANZ) as the body responsible for the development of food standards and variations of those standards for inclusion in the Australia New Zealand Food Standards Code. The Act was introduced to address the need for a coordinated approach to food regulation between Australia and New Zealand, aiming to ensure food safety and consumer protection. The problem it sought to address included the fragmentation of food regulation and the need for consistent and science-based food standards across both countries. The Act was enacted by the Australian Parliament and its policy objective is to protect public health and safety by ensuring that food available for consumption meets the necessary safety and quality standards. The explanatory statement outlines the consideration and approval process of a draft variation to Standard 1.5.2 of the Code, which permits the sale and use of food derived from herbicide-tolerant cotton line MON88701, a variation that was subjected to public consultation and subsequently approved by FSANZ in line with the Act’s provisions.

Scope and Application

The Food Standards Australia New Zealand Act 1991 establishes Food Standards Australia New Zealand (FSANZ) as the body responsible for developing food standards and variations within the Australia New Zealand Food Standards Code. Under this Act, FSANZ accepted Application A1080 which seeks permission for the sale and use of food derived from herbicide-tolerant cotton line MON88701. The Authority’s consideration of this application involved a public consultation process as stipulated in Division 1 of Part 3 of the Act. The approved draft variation to Standard 1.5.2 now permits the sale and use in food of food derived from cotton line MON88701, which was not previously permitted due to its absence in the Schedule to Standard 1.5.2. The legislative instrument created by this variation is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. The consultation process was conducted for a six-week period starting from 19 July 2013, and no Regulation Impact Statement was required due to the minor impact of the variation on business and individuals. This instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument.

Key Provisions

The primary operative sections of this legislation pertain to the approval of a draft variation to Standard 1.5.2, which is part of the Australia New Zealand Food Standards Code (the Code). Under Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act), the Authority has the function of developing standards and variations of standards for inclusion in the Code. In this case, FSANZ has accepted Application A1080 which seeks permission for the sale and use of food derived from herbicide-tolerant cotton line MON88701. Following the required procedure outlined in Division 1 of Part 3 of the FSANZ Act, the Authority has approved the draft variation to Standard 1.5.2. This variation specifically adds food derived from cotton line MON88701 into the Schedule to Standard 1.5.2, thereby permitting its sale or use in food. The obligations imposed by this Act on the parties involved are primarily centred around the process of application, assessment, and consultation. The Authority is required to consider applications for the development or variation of food regulatory measures, including standards, and must follow the stipulated procedures. For this variation, FSANZ undertook one round of public consultation, as mandated by the FSANZ Act, to gather submissions on the draft variation to Standard 1.5.2 and the associated report. The Authority is also required to publish a notice about the variation of a standard, as per Section 92 of the FSANZ Act, once it has been approved. Additionally, the variation does not incorporate any documents by reference, which simplifies the process for those needing to comply with the updated standard. Breaching the provisions of this Act can lead to various consequences, including both civil and criminal penalties. However, in this specific case, the FSANZ Act exempts this instrument from the requirements for a statement of compatibility with human rights because it is a non-disallowable instrument under Section 94 of the FSANZ Act. It is important to note that while the Act does not specify maximum penalties for breaches, failure to comply with the approved variation could potentially lead to legal action under the FSANZ Act or other relevant legislation. The Authority is tasked with ensuring that all parties adhere to the updated standards to maintain the safety and quality of food products available in Australia and New Zealand.