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.
The Authority accepted Application A1116 which seeks permission for the sale and use of food derived from herbicide-tolerant and insect-protected corn line MZIR098 (MZIR098). The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft variation to Schedule 26.
Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, 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 Legislation Act 2003.
2. Purpose
The variation inserts a reference to herbicide-tolerant and insect-protected corn line MZIR098 into Schedule 26 of the Code 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 A1116 included one round of public consultation following an assessment and the preparation of a draft variation.
A Regulation Impact Statement was not required because the sale of food derived from MZIR098, if approved, would be voluntary and would be 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] inserts paragraph (z) into item 2 in the table to subsection S26—3(4) of Schedule 26. The new item refers to herbicide-tolerant and insect-protected corn line MZIR098. The effect of the variation is to permit the sale and use of food derived from that corn line in accordance with Standard 1.5.2.
Overview
The Food Standards Australia New Zealand Amendment Regulation 2016 (F2016L01200), enacted to address the need for updated food regulatory measures, was introduced to amend the Australia New Zealand Food Standards Code. This amendment was developed in response to an application seeking permission for the sale and use of food derived from a specific corn line, MZIR098, which is both herbicide-tolerant and insect-protected. The regulation was enacted by the Commonwealth of Australia and aims to ensure that the Code reflects contemporary agricultural practices and food safety standards. The policy objective is to facilitate the introduction of new food products derived from genetically modified organisms, provided they meet the safety and quality standards set forth in the Code. Following the approval of the Authority, the variation was subjected to a single round of public consultation and was subsequently endorsed by the Australia and New Zealand Ministerial Forum on Food Regulation.
Scope and Application
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) empowers Food Standards Australia New Zealand (the Authority) to develop and vary standards for the Australia New Zealand Food Standards Code, encompassing a wide range of food regulatory measures. The Authority has accepted an application to permit the sale and use of food derived from herbicide-tolerant and insect-protected corn line MZIR098, approving a draft variation to Schedule 26. This variation will allow for the inclusion of MZIR098 in the Code, facilitating the sale and use of food products derived from this corn line, provided they comply with Standard 1.5.2. The Authority followed the procedure outlined in Division 1 of Part 3 of the FSANZ Act, which includes public consultation, and subsequently, the variation was considered by the Australia and New Zealand Ministerial Forum on Food Regulation. As per section 92 of the FSANZ Act, the Authority must publish a notice about the draft variation, which, once approved, will become a legislative instrument under section 94 of the FSANZ Act, though it will not be subject to parliamentary disallowance or sunsetting under the Legislation Act 2003.
Key Provisions
The primary operative sections of this legislation pertain to the variation of food regulatory measures, specifically the inclusion of herbicide-tolerant and insect-protected corn line MZIR098 in the Australia New Zealand Food Standards Code. Under section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act), Food Standards Australia New Zealand (the Authority) is tasked with developing and varying standards for the Code. Division 1 of Part 3 of the FSANZ Act outlines the process for considering applications to develop or vary food regulatory measures, including the mandatory public consultation process. The Authority has accepted Application A1116 and, after considering it in accordance with the relevant Division, has approved a draft variation to Schedule 26. Following review by the Australia and New Zealand Ministerial Forum on Food Regulation, section 92 of the FSANZ Act mandates that the Authority must publish a notice regarding the draft variation, which, as specified in section 94, becomes a legislative instrument once published, although it is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003.
This Act imposes specific obligations on the Authority, including the requirement to consider applications for the development or variation of food regulatory measures and to conduct at least one round of public consultation, as stipulated in Division 1 of Part 3 of the FSANZ Act. The Authority is also obligated to publish a notice regarding the draft variation once it has been approved by the Ministerial Forum, as per section 92 of the FSANZ Act. Additionally, the Authority must ensure that the draft variation complies with the standards set out in Standard 1.5.2 of the Code, thereby facilitating the sale and use of food derived from herbicide-tolerant and insect-protected corn line MZIR098.
Failure to comply with the provisions of this Act could lead to civil or criminal consequences, although specific penalties are not detailed in the provided text. However, it is important to note that the instrument resulting from this variation is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003. The draft variation, once published, becomes a legislative instrument, and any breaches of the Code or failure to comply with the standards could potentially result in enforcement actions by relevant authorities. It is advisable for parties involved in the sale and use of food derived from MZIR098 to ensure strict adherence to the approved standards to avoid any legal repercussions.