Food Standards (Application A1114 – Food derived from High Yield Corn Line MON87403) Variation

Overview

The Food Standards Australia New Zealand Amendment Regulation 2016 (F2016L00520) was enacted to address the need for updating food standards to accommodate new agricultural products. The regulation amends the Australia New Zealand Food Standards Code to include a reference to high yield corn line MON87403, thereby permitting the sale and use of food derived from this specific corn line. This regulatory change was initiated by Food Standards Australia New Zealand, in accordance with the Food Standards Australia New Zealand Act 1991, which mandates that the Authority consider and approve applications for variations to food standards. The Authority accepted an application for the inclusion of MON87403, subsequently approved a draft variation, and following consultation with the Australia and New Zealand Ministerial Forum on Food Regulation, published a notice as required by the Act. This amendment is intended to allow for the voluntary sale of food products derived from MON87403, expected to have a minor impact on businesses and individuals.

Scope and Application

The legislative instrument F2016L00520 pertains to the Food Standards Australia New Zealand Act 1991 and is concerned with the amendment of food regulatory measures in the Australia New Zealand Food Standards Code. This Act applies to Food Standards Australia New Zealand, the body responsible for developing food standards and variations, and encompasses any entities or individuals involved in the sale and use of food derived from genetically modified corn line MON87403. The geographic and jurisdictional reach of this Act is nationwide, covering both Australia and New Zealand, as it pertains to the Australia New Zealand Ministerial Forum on Food Regulation. The Act extends its application through subordinate instruments, as indicated by the variations to the food regulatory measures, which are not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003. There are no exclusions or exemptions specified in this particular legislative instrument, and the application is not contingent on any particular thresholds, given that the sale of food derived from MON87403 is voluntary and expected to have a minor impact on business and individuals.

Key Provisions

The primary operative sections of this legislation pertain to the approval and publication of a draft variation to Schedule 26 of the Australia New Zealand Food Standards Code (the Code), specifically permitting the sale and use of food derived from high yield corn line MON87403. This is detailed in Item [1] of the legislation, which inserts a new reference into Schedule 26, thereby allowing the specified corn line to be used in food products (section 92 and section 94 of the Food Standards Australia New Zealand Act 1991). The Authority’s acceptance and consideration of Application A1114 is governed by Division 1 of Part 3 of the FSANZ Act, which outlines the procedure for processing applications for the development or variation of food regulatory measures. Under the FSANZ Act, the Authority is obligated to accept and consider applications for the development or variation of food regulatory measures, such as Application A1114, and to follow a structured process including public consultation. The Authority must ensure that any draft variations, such as the one proposed for high yield corn line MON87403, are properly evaluated and that the necessary consultation processes are conducted. Once the Authority considers an application, it must publish a notice about the standard or draft variation, as specified in section 92 of the FSANZ Act. Additionally, the Authority must ensure that the draft variation complies with existing standards, such as Standard 1.5.2, and that it does not contravene any human rights obligations, although this particular variation is exempt from requiring a statement of compatibility with human rights as it is a non-disallowable instrument under section 94. The legislation imposes several obligations and requirements on the parties involved. The Authority must follow the prescribed procedure for considering applications for variations to food standards, including conducting at least one round of public consultation. The Authority is also responsible for ensuring that any variations to the Code are properly assessed for their impact on business and individuals and that they comply with existing standards. The requirements include the preparation of a draft variation, publication of a notice, and ensuring that the variation does not have significant adverse effects. Moreover, the Authority must ensure that the sale and use of food derived from high yield corn line MON87403 are in accordance with Standard 1.5.2, which likely includes safety and labelling requirements. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this legislation. However, the FSANZ Act provides a framework within which the Authority operates. Any failure by the Authority to properly consider applications or to follow the required procedures could potentially be subject to judicial review or other administrative remedies. Additionally, any non-compliance by entities selling food derived from high yield corn line MON87403 with the standards set forth in the Code could lead to regulatory action under other relevant provisions of the FSANZ Act or related food safety laws, potentially resulting in fines, product recalls, or other enforcement actions. However, the specific penalties for such non-compliance would be determined by the relevant authorities enforcing the Code.