Explanatory Statement
1. Authority
Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides that the functions of Food Standards Australia New Zealand (the Authority) include the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code).
Division 1 of Part 3 of the FSANZ Act specifies that the Authority may accept applications for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering an application for the development or variation of food regulatory measures.
FSANZ accepted Application A1097 which seeks permission for the sale and use of food derived from herbicide-tolerant and insect-protected corn line MON87411 (MON87411). The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft Standard.
Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation[1], section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.
Section 94 of the FSANZ Act specifies that a standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
2. Purpose
The variation inserts a reference to herbicide-tolerant and insect-protected corn line MON87411 into the Schedule to Standard 1.5.2 in order to permit the sale, or use in food, of food derived from that corn line.
3. Documents incorporated by reference
The variations to food regulatory measures do not incorporate any documents by reference.
4. Consultation
In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1097 included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 16 December 2014 for an eight-week consultation period.
A Regulation Impact Statement was not required because the Application is likely to have a minor impact on business and individuals.
5. Statement of compatibility with human rights
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.
6. Variation
Item [1] of the Variation inserts Item 2.22 into the Schedule to Standard 1.5.2. Item 2.22 refers to food derived from herbicide-tolerant and insect-protected corn line MON87411.
[1] convening as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a framework for the development and maintenance of food standards in Australia and New Zealand. This legislation addresses the need for consistent and safe food standards across the two countries, allowing for the creation of the Australia New Zealand Food Standards Code (the Code). The problem it sought to address was the lack of a unified regulatory approach to food standards between Australia and New Zealand, which could potentially lead to discrepancies in food safety and consumer protection. The FSANZ Act empowers Food Standards Australia New Zealand (the Authority) to develop and vary food standards and other regulatory measures, subject to approval by the Australia and New Zealand Ministerial Forum on Food Regulation. The Authority's role includes accepting applications for new or varied food regulatory measures, conducting necessary assessments, and facilitating public consultation. The legislative instrument F2015L01221, introduced under the FSANZ Act, seeks to permit the sale and use of food derived from herbicide-tolerant and insect-protected corn line MON87411 by inserting a reference to this corn line into Standard 1.5.2 of the Code. This legislative instrument was developed following an application and public consultation, and it is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
Scope and Application
The legislation in question, F2015L01221, pertains to the Food Standards Australia New Zealand Act 1991 (FSANZ Act) and specifically involves the approval of a draft Standard for the sale and use of food derived from herbicide-tolerant and insect-protected corn line MON87411. This Act applies to the Authority, Food Standards Australia New Zealand, and any entities or individuals involved in the sale or use of food derived from specified corn lines. The geographic reach of this legislation extends across Australia and New Zealand, as it involves both Australian and New Zealand Ministerial Forums on Food Regulation. The Act ensures that standards developed or varied by the Authority are published and included in the Australia New Zealand Food Standards Code, subject to the specified exemptions and procedures outlined in the FSANZ Act. Notably, this instrument is exempt from the requirements for a statement of compatibility with human rights as it is classified as a non-disallowable instrument under section 94 of the FSANZ Act. The Authority has considered public consultation and determined that a Regulation Impact Statement was not necessary due to the anticipated minor impact on business and individuals.
Key Provisions
The main operative sections of this legislation (F2015L01221) pertain to the development and variation of food regulatory measures under the Food Standards Australia New Zealand Act 1991 (FSANZ Act). Section 13 of the FSANZ Act specifies the Authority's functions, including the creation of standards for inclusion in the Australia New Zealand Food Standards Code (the Code). Division 1 of Part 3 of the FSANZ Act outlines the procedure for considering applications for the development or variation of food regulatory measures, as seen with Application A1097, which seeks permission for the sale and use of food derived from herbicide-tolerant and insect-protected corn line MON87411. This application has been approved by the Authority, and a draft Standard has been published following the necessary procedures and consultations.
The obligations and requirements imposed by this legislation primarily concern the Authority's duties under the FSANZ Act. For instance, section 92 mandates that the Authority must publish a notice about the standard or draft variation of a standard. Additionally, section 94 specifies that such standards or variations, once notified, become legislative instruments but are exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. The process of considering Application A1097 included a round of public consultation, which is a requirement under Division 1 of Part 3 of the FSANZ Act. The Authority also ensured that the impact on business and individuals was assessed, deeming the Application to have a minor impact, thus not requiring a Regulation Impact Statement.
Under the FSANZ Act, there are specific consequences and penalties for breaches of the legislation. Although the FSANZ Act does not detail explicit penalties for breaches in this context, it is understood that the Authority has the power to enforce compliance through various regulatory measures. The legislation exempts the instrument from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94. The Authority's role in approving and publishing the draft Standard ensures that any non-compliance or failure to adhere to the established procedures could lead to legal ramifications or further regulatory scrutiny. The inclusion of herbicide-tolerant and insect-protected corn line MON87411 in the Schedule to Standard 1.5.2 is intended to facilitate the sale and use of food derived from this corn line, thereby aligning with the Authority's regulatory objectives.