Food Standards (Application A1112 – Food derived from Herbicide-tolerant Corn Line MZHG0JG) Variation

Overview

The Food Standards Australia New Zealand Amendment Regulations 2016 were enacted to address a specific gap in the Food Standards Australia New Zealand Act 1991, which is to allow for the variation of standards regarding the sale and use of food derived from herbicide-tolerant corn line MZHG0JG. This legislation was introduced by the Australian Parliament to facilitate the incorporation of new food standards into the Australia New Zealand Food Standards Code. The policy objective of these regulations is to enable the sale and use of food derived from the specified corn line by updating the relevant schedule in the Code, thereby providing clarity and legal permission for such products in the marketplace. The Authority, Food Standards Australia New Zealand, considered the application and public consultation as outlined in the FSANZ Act, and following approval by the Australia and New Zealand Ministerial Forum on Food Regulation, the regulations were published as a legislative instrument, exempt from disallowance under the Legislation Act 2003.

Scope and Application

The legislation in question pertains to the Food Standards Australia New Zealand Act 1991 (FSANZ Act) and involves a specific application (A1112) for the sale and use of food derived from herbicide-tolerant corn line MZHG0JG. The Authority, Food Standards Australia New Zealand, has approved a draft variation to Schedule 26 of the Australia New Zealand Food Standards Code (the Code), allowing for the incorporation of MZHG0JG into the Code. This variation permits the sale and use of food derived from the specified corn line. The Act applies to entities and individuals involved in the sale and use of food products, particularly those derived from genetically modified organisms. The geographic reach of the Act is national, encompassing both Australia and New Zealand. The legislation does not incorporate any documents by reference and exempts itself from the requirements for a statement of compatibility with human rights, as it is a non-disallowable instrument under the FSANZ Act. The application of this Act may be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The main operative sections of the legislation (FSANZ Act, s 13, 92, 94) establish the framework for the Authority to develop or vary food regulatory measures, including standards, and to publish notices about these variations. The Authority has accepted an application (Application A1112) for a draft variation concerning herbicide-tolerant corn line MZHG0JG. This draft variation seeks to permit the sale and use of food derived from this corn line, which will be incorporated into Schedule 26 of the Australia New Zealand Food Standards Code (FSANZ Act, s 92). Section 94 of the FSANZ Act clarifies that such variations, once published, are legislative instruments but are exempt from parliamentary disallowance or sunsetting under the Legislation Act 2003. The FSANZ Act imposes several obligations and requirements on the Authority and other entities governed by it. The Authority must accept applications for the development or variation of food regulatory measures and consider them in accordance with the specified procedure in Division 1 of Part 3 of the Act. This includes conducting a round of public consultation after an assessment and preparing a draft variation. The Authority must also publish a notice about any approved draft variation, as stipulated in section 92 of the FSANZ Act. Additionally, the Authority must ensure that any new standards or variations of standards, once published, are incorporated into the Food Standards Code without being subject to parliamentary disallowance or sunsetting under the Legislation Act 2003. The legislation does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, the FSANZ Act and the Legislation Act 2003 establish a framework for the governance of food standards, and non-compliance with these requirements could potentially lead to legal actions or administrative penalties. The FSANZ Act, for instance, provides for various enforcement mechanisms, including the ability to take regulatory action against non-compliance with food standards. While specific penalties for breaches are not detailed in this particular legislation, the broader legal framework provides for potential sanctions to ensure adherence to the food regulatory measures. Given that the variation approved by the Authority is a legislative instrument under section 94 of the FSANZ Act, it is exempt from parliamentary disallowance or sunsetting, indicating that there are no specific penalties outlined for breach of this particular instrument. Instead, the focus is on ensuring that the food standards are effectively implemented and enforced through the established regulatory framework. The Authority’s role in accepting applications, conducting consultations, and publishing notices is crucial in maintaining compliance with the food regulatory measures. In summary, the FSANZ Act outlines the process for developing and varying food regulatory measures, including the approval of variations such as the one concerning herbicide-tolerant corn line MZHG0JG. The Authority's obligations include accepting applications, conducting public consultations, and publishing notices about draft variations. While specific penalties for non-compliance are not detailed in this legislation, the broader legal framework supports the enforcement of food standards through various regulatory mechanisms.