Food Standards (Application A1089 – Food derived from Herbicide-tolerant Canola Line DP-073496-4) Variation

Overview

The Food Standards Australia New Zealand Act 1991, enacted to ensure the safety and quality of food, was supplemented in 2014 through the legislative instrument F2014L00529. This instrument addresses the need to update food standards to accommodate genetically modified organisms (GMOs) that have been assessed and deemed safe for consumption. The Australian Parliament, through Food Standards Australia New Zealand (FSANZ), authorised the development of food regulatory measures to keep up with scientific advancements. The policy objective is to ensure that the food supply remains safe and that consumers are well-informed about the food they consume, including GMOs. FSANZ has approved the inclusion of a glyphosate-tolerant canola line in the food standards, allowing its sale and use in Australia and New Zealand following public consultation and regulatory scrutiny.

Scope and Application

The legislation, F2014L00529, pertains to the approval of a genetically modified herbicide-tolerant canola line, DP-073496-4, for sale and use in Australia and New Zealand. It applies to Food Standards Australia New Zealand (FSANZ) which, under the Food Standards Australia New Zealand Act 1991, has the authority to develop and vary food standards. The legislation affects entities involved in the production, sale, and use of food products derived from the specified canola line. Geographically, its reach encompasses both Australia and New Zealand, as FSANZ operates under a bi-national framework. The legislation does not incorporate any documents by reference, and it is not subject to parliamentary disallowance or sunsetting. Public consultation was conducted in line with the FSANZ Act, and a Regulation Impact Statement was deemed unnecessary due to the minor impact on business and individuals. The legislation is exempt from the requirement for a statement of compatibility with human rights, as it is a non-disallowable instrument under the FSANZ Act.

Key Provisions

The legislation in question revolves around the Food Standards Australia New Zealand Act 1991 (FSANZ Act) and concerns the development of standards for food produced using gene technology. Specifically, section 13 of the FSANZ Act empowers Food Standards Australia New Zealand (the Authority) to develop standards and variations of standards, which are then included in the Australia New Zealand Food Standards Code (the Code). Under section 92 of the Act, the Authority is mandated to publish a notice regarding the standard or draft variation of a standard after consideration by the COAG Legislative and Governance Forum on Food Regulation. Furthermore, section 94 of the FSANZ Act specifies that such standards or variations are legislative instruments but are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. The obligations imposed by the Act on the Authority include the acceptance of applications for the development or variation of food regulatory measures, adherence to the specified procedure for considering these applications, and the publication of notices about the standards or draft variations. Additionally, 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. In this case, the Authority considered Application A1089, which sought approval for the herbicide-tolerant canola line DP-073496-4, and subsequently approved a draft Standard. The consultation process included inviting submissions on 13 December 2013 for a seven-week period. A Regulation Impact Statement was not required as the proposed variation to Standard 1.5.2 was expected to have a minor impact on business and individuals. The legislation imposes no specific obligations on the parties or entities it governs beyond those mentioned above. However, any entities or individuals selling or using food derived from the herbicide-tolerant canola line DP-073496-4 in Australia and New Zealand must ensure compliance with the approved standard. The legislation does not outline specific offences or penalties for breach. However, it is important to note that as the approved standard becomes a legislative instrument under the FSANZ Act, any non-compliance with the requirements may lead to regulatory action by the relevant authorities. The consequences of such actions could include fines, legal action, or other enforcement measures as deemed appropriate by the authorities.