Food Standards (Application A1087 – Food derived from Insect-protected Soybean Line DAS-81419-2) Variation

Overview

The Food Standards Australia New Zealand Amendment Regulation 2014 (F2014L00528) was enacted to address the gap in food safety regulations concerning the sale and use of food derived from the insect-protected soybean line DAS-81419-2. The regulation was introduced in response to Application A1087, which sought permission for the commercialisation of this specific soybean line. This legislation was passed by the Parliament of Australia under the authority granted by section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). The primary policy objective of the regulation was to ensure the safe use of genetically modified food by incorporating the insect-protected soybean line into the Australia New Zealand Food Standards Code. Following the assessment and consultation processes outlined in the FSANZ Act, the Authority approved the variation to Standard 1.5.2, allowing for the sale and use of food derived from this particular soybean line.

Scope and Application

The variation to Standard 1.5.2 of the Australia New Zealand Food Standards Code, resulting from Application A1087 accepted by Food Standards Australia New Zealand (FSANZ), pertains to the approval of food derived from the insect-protected soybean line DAS-81419-2 for sale and use in food products. This legislation applies to the food industry, specifically entities involved in the production, sale, or use of food products, and to the conduct and transactions associated with these activities. The geographic and jurisdictional reach of this Act is national, encompassing both Commonwealth and state or territory jurisdictions as regulated by the FSANZ Act. The variation is a legislative instrument and is not subject to parliamentary disallowance or sunsetting as specified in section 94 of the FSANZ Act. While the FSANZ Act allows for further extension or restriction of the application through subordinate instruments, this particular variation does not incorporate any documents by reference. Public consultation was conducted in accordance with the prescribed procedure, but a Regulation Impact Statement was deemed unnecessary due to the minor impact of the proposed variation on business and individuals. Furthermore, the instrument is exempt from the requirements for a statement of compatibility with human rights due to its status as a non-disallowable instrument.

Key Provisions

The main operative sections of this legislation pertain to the Food Standards Australia New Zealand (FSANZ) Act 1991 and its authority to develop food regulatory measures, including standards, under section 13. Section 92 of the FSANZ Act mandates that the Authority must publish a notice about a standard or draft variation of a standard, and section 94 specifies that a standard, or a variation of a standard, in relation to which a notice is published is a legislative instrument, but not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. This particular variation, approved under Application A1087, pertains to the sale and use of food derived from insect-protected soybean line DAS-81419-2, previously not permitted for sale or use in food as it was not listed in the Schedule to Standard 1.5.2. The obligations and requirements imposed by this Act on the parties or entities it governs include adhering to the procedure for considering an application for the development or variation of food regulatory measures, as outlined in Division 1 of Part 3 of the FSANZ Act. The Authority must conduct one round of public consultation following an assessment and the preparation of a draft variation to the Standard and associated report. Additionally, the Authority is required to publish a notice about the standard or draft variation of a standard, as stipulated in section 92 of the FSANZ Act. The Authority is also required to ensure that the variation complies with the Food Standards Australia New Zealand Act 1991 and any other relevant legislation. Any breaches of this legislation may result in civil or criminal consequences. However, the Explanatory Statement does not explicitly outline specific offences, penalties, or consequences for breach. It is important to note that this variation is a legislative instrument, but it is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as stated in section 94 of the FSANZ Act. Any potential penalties or consequences for breach would need to be determined based on the specific circumstances and relevant legislation.