Food Standards (Application A1081 – Food derived from Herbicide-tolerant Soybean Line SYHT0H2) Variation

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to establish Food Standards Australia New Zealand (FSANZ) as the body responsible for the development and maintenance of the Australia New Zealand Food Standards Code, aiming to protect public health and safety by ensuring food standards are evidence-based and up-to-date. The Act provides the legislative framework for FSANZ to develop and vary food standards and includes mechanisms for considering and approving applications for such variations. The problem it addresses is ensuring that food standards are effectively managed to safeguard public health, with a focus on incorporating scientific evidence and public health considerations into food regulation. The FSANZ Act is administered by the Parliament of Australia, with FSANZ acting as the regulatory authority within the parameters set by the Act. In this instance, FSANZ has approved a variation to Standard 1.5.2 of the Code, allowing the sale and use of food derived from a specific herbicide-tolerant soybean line, SYHT0H2, after conducting a public consultation and preparing a draft variation and associated report. This legislative instrument is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.

Scope and Application

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) provides the framework for Food Standards Australia New Zealand (FSANZ) to develop and vary standards in the Australia New Zealand Food Standards Code, including the approval of new food sources. This particular legislative instrument concerns the variation of Standard 1.5.2 to permit the sale and use of food derived from herbicide-tolerant soybean line SYHT0H2, which was not previously permitted. The FSANZ Act outlines the procedure for accepting and considering applications for variations in food regulatory measures, which FSANZ followed in processing Application A1081. The approval of this variation and subsequent publication of a notice under section 92 of the FSANZ Act signifies the legislative instrument's effect. It is important to note that this instrument, being a variation to a standard, is considered a legislative instrument but is exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. The FSANZ Act's jurisdictional reach encompasses both Australia and New Zealand, reflecting the collaborative nature of the food regulation between these countries.

Key Provisions

The main operative sections of the legislation focus on the approval of a variation to Standard 1.5.2, which pertains to the sale and use of food derived from the herbicide-tolerant soybean line SYHT0H2 (sections 2 and 6). This variation allows for the inclusion of food derived from this particular soybean line, which was previously not permitted, into the permissible list within Standard 1.5.2. The legislation references section 13 of the FSANZ Act, highlighting the Authority's role in developing standards and variations, and specifies that the variation has been approved following the established procedure outlined in Division 1 of Part 3 of the FSANZ Act. The Authority has considered the application (A1081) and subsequently included soybean line SYHT0H2 in the Schedule to Standard 1.5.2, thereby permitting its sale and use in food. The legislation imposes obligations on the Authority, primarily concerning the acceptance, consideration, and approval of applications for variations to food standards. Under section 13 of the FSANZ Act, the Authority must follow a set procedure for evaluating such applications. The Authority is also required to publish a notice about the variation of a standard, as per section 92 of the FSANZ Act, ensuring transparency and informing stakeholders about the changes. Additionally, the Authority must engage in public consultation as part of its consideration process, as stipulated in Division 1 of Part 3 of the FSANZ Act. This includes issuing a call for submissions and allowing an eight-week consultation period, as seen in the handling of Application A1081. There are no specific offences or penalties outlined in the text for breaching the provisions of this legislation. However, the variation of the standard becomes a legislative instrument under section 94 of the FSANZ Act, which means it is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. The text notes that a Regulation Impact Statement was not required due to the minor impact of the proposed variation on business and individuals, further highlighting the procedural and regulatory framework within which the Authority operates. The exemption from the requirement for a statement of compatibility with human rights, also under section 94 of the FSANZ Act, further clarifies the nature of this instrument as a non-disallowable legislative measure.