Food Standards (Application A1094 – Food derived from Herbicide-tolerant Cotton Line DAS-81910-7) Variation

Overview

The Food Standards Australia New Zealand Act 1991, enacted by the Parliament of Australia, established the framework for the development and regulation of food standards in Australia and New Zealand, aiming to ensure food safety and consumer protection. The legislation identifies the functions of Food Standards Australia New Zealand, including the creation and variation of food standards. This Act was introduced to address the need for a comprehensive regulatory framework governing food standards across both countries. In line with its objectives, the Act provides mechanisms for the Authority to consider applications for the development or variation of food regulatory measures. Following the acceptance and approval of Application A1094, which sought permission for the sale and use of food derived from herbicide-tolerant cotton line DAS-81910-7, the Authority implemented a variation to Standard 1.5.2. This variation was intended to allow the sale or use of food derived from this specific cotton line, thereby expanding the scope of permitted food products under the existing standards.

Scope and Application

The Food Standards Australia New Zealand Act 1991 provides the legislative foundation for the Food Standards Australia New Zealand Authority (FSANZ) to develop and vary food standards, including approving applications such as A1094 for the sale and use of food derived from specific herbicide-tolerant cotton lines. The Act allows FSANZ to accept and consider applications for variations to existing standards, which must then be reviewed by the Legislative and Governance Forum on Food Regulation. Once approved, these variations become legislative instruments and are published under the FSANZ Act, although they are not subject to parliamentary disallowance or sunsetting. This particular variation, which inserts a reference to herbicide-tolerant cotton line DAS-81910-7 into Standard 1.5.2, is intended to permit the sale and use of food derived from this specific cotton line, reflecting the Authority's role in regulating food safety and standards across Australia and New Zealand. The variation process includes a mandatory round of public consultation, ensuring transparency and stakeholder input, although a Regulation Impact Statement was deemed unnecessary due to the anticipated minor impact on business and individuals.

Key Provisions

The legislation, F2014L01424, pertains to the Food Standards Australia New Zealand Act 1991 (FSANZ Act) and specifically focuses on the approval of a variation to Standard 1.5.2. This variation allows the sale and use of food derived from herbicide-tolerant cotton line DAS-81910-7. The FSANZ Act, in Section 13, outlines the Authority's role in developing and varying standards, and Division 1 of Part 3 details the procedure for considering applications. Application A1094 was accepted and approved by the Authority, leading to the insertion of a reference to herbicide-tolerant cotton line DAS-81910-7 into the Schedule of Standard 1.5.2. This insertion permits the sale or use of food derived from this cotton line. Under the FSANZ Act, the Authority is obligated to publish a notice regarding any standard or draft variation, as stipulated in Section 92. The approved variation to Standard 1.5.2, including the reference to herbicide-tolerant cotton line DAS-81910-7, is considered a legislative instrument. However, it is important to note that this instrument is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as outlined in Section 94 of the FSANZ Act. The Authority conducted a round of public consultation in line with the procedural requirements of Division 1 of Part 3 of the FSANZ Act, soliciting submissions for a six-week period starting on 18 March 2014. A Regulation Impact Statement was deemed unnecessary due to the minor impact of the proposed variation on business and individuals. The legislation does not impose any specific obligations or requirements on the parties or entities it governs, beyond the approval process and the necessity for public consultation. The primary focus is on the procedural compliance with the FSANZ Act. In terms of offences, penalties, or consequences for breach, the FSANZ Act does not specify any particular penalties for non-compliance with this variation to Standard 1.5.2. However, any failure to adhere to the approved standards could potentially lead to legal action under the broader provisions of the FSANZ Act, which may include civil or criminal penalties. It is also worth noting that this 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.