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 A1118 which seeks permission for the sale and use of food derived from herbicide-tolerant corn line MON87419. 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 corn line MON87419 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 A1118 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 MON87419, 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 (za) into item 2 in the table to subsection S26—3(4) of Schedule 26. The new item refers to herbicide-tolerant corn line MON87419. 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 Act 1991 (FSANZ Act) was enacted to establish a framework for the regulation of food standards across Australia and New Zealand. The Act addresses the need for consistent and scientifically-based food regulatory measures, ensuring food safety and consumer protection. The FSANZ Act empowers Food Standards Australia New Zealand (the Authority) to develop and vary food standards, which are then incorporated into the Australia New Zealand Food Standards Code (the Code). This legislation aims to streamline the process of updating food standards to reflect scientific advancements and changing market conditions. The Authority’s consideration of applications for new or varied food regulatory measures is governed by the FSANZ Act, including provisions for public consultation. This legislative framework ensures that food standards are kept current and responsive to new information, thereby safeguarding public health and maintaining consumer confidence in the food supply.
Scope and Application
The legislative instrument F2016L01363 pertains to the variation of food regulatory measures in the Australia New Zealand Food Standards Code, specifically addressing the sale and use of food derived from herbicide-tolerant corn line MON87419. This Act applies to entities involved in the production, sale, and use of food products derived from genetically modified organisms (GMOs), with a focus on ensuring compliance with food safety standards. The geographic scope of this Act is national, impacting both Australia and New Zealand as it pertains to the Food Standards Australia New Zealand (FSANZ) Act 1991. The variation is applicable to any person or entity involved in the food industry, ensuring that food products derived from MON87419 adhere to established food safety standards. The FSANZ Act governs the procedure for developing and varying food regulatory measures, and this particular variation was approved following a public consultation process and review by the Australia and New Zealand Ministerial Forum on Food Regulation. Exemptions and thresholds for this variation are determined by the voluntary nature of the sale of MON87419 derived food products, which are expected to have a minor impact on business and individuals. This legislative instrument is a non-disallowable instrument under section 94 of the FSANZ Act, exempt from parliamentary disallowance or sunsetting.
Key Provisions
The main operative sections of this legislation concern the development and variation of food standards. Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) establishes that the Authority, Food Standards Australia New Zealand, has the function to develop and vary standards for inclusion in the Australia New Zealand Food Standards Code. Under Division 1 of Part 3 of the FSANZ Act, the Authority has the authority to accept applications for the development or variation of food regulatory measures, including standards, and must follow a specified procedure for considering these applications. The Authority has approved a draft variation to Schedule 26 following consideration of Application A1118, which seeks permission for the sale and use of food derived from herbicide-tolerant corn line MON87419. Following the consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, the Authority is required to publish a notice about the standard or draft variation of a standard, as per section 92 of the FSANZ Act.
The obligations and requirements imposed by this Act primarily pertain to the Authority's procedural obligations in considering applications for food regulatory measures. According to the FSANZ Act, the Authority must undertake one round of public consultation as part of the consideration process. In this instance, the Authority followed this procedure when evaluating Application A1118, which involved an assessment, the preparation of a draft variation, and one round of public consultation. The Authority is also required to publish a notice about any approved standard or draft variation, as outlined in section 92 of the FSANZ Act. The Authority has fulfilled this requirement by publishing a notice regarding the draft variation to Schedule 26.
Under this legislation, there are no explicit offences, penalties, or consequences for breach. However, the FSANZ Act does state that a standard or variation of a standard, once a notice is published, is a legislative instrument but is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003. The primary focus of the legislation is to establish a process for the development and variation of food regulatory measures, ensuring that the Authority follows a transparent and inclusive procedure when considering applications and approving variations.