Food Standards (Application A1110 – Food derived from Insect-protected Soybean Line MON87751) Variation

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to establish a unified approach to food regulation in Australia and New Zealand. The Act assigns Food Standards Australia New Zealand (FSANZ) the responsibility for developing and varying standards for inclusion in the Australia New Zealand Food Standards Code. The 2016 legislative instrument, F2016L00037, addresses the need to permit the sale and use of food derived from insect-protected soybean line MON87751, as submitted in Application A1110. Following a thorough review process that included a round of public consultation, the Authority drafted a variation to Schedule 26 of the Code, inserting a reference to MON87751. The purpose of this variation is to legally allow the sale and use of food products derived from this particular soybean line. This legislative instrument was enacted by the FSANZ, adhering to the provisions outlined in Division 1 of Part 3 of the FSANZ Act, and was approved by the Australia and New Zealand Ministerial Forum on Food Regulation.

Scope and Application

The Food Standards Australia New Zealand Act 1991, specifically section 13, empowers Food Standards Australia New Zealand (FSANZ) to develop standards and variations of standards for the Australia New Zealand Food Standards Code. In this instance, FSANZ accepted an application to permit the sale and use of food derived from insect-protected soybean line MON87751. The process involved public consultation as mandated by Division 1 of Part 3 of the FSANZ Act, given the minor anticipated impact on business and individuals, a Regulation Impact Statement was not required. The application has been reviewed and a draft standard has been prepared, which was subsequently considered by the Australia and New Zealand Ministerial Forum on Food Regulation. Under section 92 of the FSANZ Act, FSANZ must publish a notice about the standard or draft variation, which is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 as per section 94 of the FSANZ Act. The legislative instrument exempts from human rights compatibility statement requirements due to its non-disallowable nature. The variation permits the sale and use of food derived from insect-protected soybean line MON87751 by inserting a reference into Schedule 26 of the Code.

Key Provisions

The legislation in question pertains to the Food Standards Australia New Zealand (FSANZ) Act 1991, specifically addressing the development and variation of food regulatory measures, including standards. Section 13 of the FSANZ Act outlines the Authority's function in developing standards and variations for the Australia New Zealand Food Standards Code (Code). Division 1 of Part 3 of the Act provides the procedure for considering applications for the development or variation of food regulatory measures, including standards (sections 13 and 13A). FSANZ accepted Application A1110, seeking permission for the sale and use of food derived from insect-protected soybean line MON87751. Following the required procedure, the Authority prepared a draft Standard and considered the application, leading to the insertion of a reference to MON87751 into Schedule 26 of the Code. The obligations imposed on the parties governed by this legislation primarily revolve around the FSANZ Act's requirements for the consideration of applications for food regulatory measures. Specifically, the Authority must follow the procedure outlined in Division 1 of Part 3 of the FSANZ Act, which includes a round of public consultation, to assess the application and prepare a draft variation. The consideration of Application A1110 involved this procedure, resulting in the proposed variation to permit the sale and use of food derived from MON87751. Additionally, section 92 of the FSANZ Act mandates that the Authority publish a notice about the standard or draft variation of a standard. The legislation does not specify any offences or penalties for breaches within the document. However, section 94 of the FSANZ Act stipulates 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. This indicates that while the instrument is legally binding, it does not fall under the parliamentary scrutiny typically associated with disallowable instruments. The Authority's compliance with the procedure and the public consultation process ensures that the variation is legally sound and considers public input.