Food Standards (Application A1128 – Food derived from reduced Acrylamide Potential & Browning Potato Line E12) Variation

Overview

The Food Standards Australia New Zealand Act 1991, enacted by the Parliament of Australia, was introduced to establish a unified body, Food Standards Australia New Zealand, tasked with developing food standards and ensuring food safety across Australia and New Zealand. This legislation sought to address the need for consistent and science-based food standards to protect public health and facilitate trade. Following the acceptance and approval of Application A1128 by the Authority, which sought permission for the sale and use of food derived from a genetically modified potato line E12, a draft variation was published in accordance with the Act. This variation permits the sale and use of food derived from the specified potato line, subject to certain standards aimed at ensuring food safety and quality. The process included a round of public consultation, and the Authority determined that a Regulation Impact Statement was not necessary due to the voluntary nature and minor impact of the proposed changes. This legislative action underscores the Authority's commitment to balancing innovation in food production with stringent safety measures.

Scope and Application

The Food Standards Australia New Zealand Act 1991 provides the legal framework for Food Standards Australia New Zealand (the Authority) to develop and implement food regulatory measures, including standards, in the Australia New Zealand Food Standards Code. The Authority has accepted an application for the development of a food regulatory measure concerning a genetically modified potato line, E12, which has reduced acrylamide potential and reduced browning. This application has been processed according to the procedures set out in Division 1 of Part 3 of the FSANZ Act, which includes a round of public consultation. The Authority has approved a draft variation to permit the sale and use of food derived from the E12 potato line. This variation is now subject to consideration by the Australia and New Zealand Ministerial Forum on Food Regulation before it can be published as a legislative instrument under section 92 of the FSANZ Act. Notably, this instrument, being a non-disallowable legislative instrument under section 94 of the Act, is exempt from the requirements for a statement of compatibility with human rights and is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003.

Key Provisions

The main operative sections of this legislation pertain to the acceptance and consideration of an application for the development or variation of a food regulatory measure (Division 1, Part 3, FSANZ Act). The Authority, as per section 13 of the FSANZ Act, has accepted Application A1128, which seeks permission for the sale and use of food derived from a genetically modified potato line E12, noted for its reduced acrylamide potential and reduced browning (blackspot bruising). Following the prescribed procedure, the Authority has approved a draft variation of the standard. Pursuant to section 92 of the FSANZ Act, the Authority must publish a notice regarding the standard or draft variation. Importantly, the draft variation itself, as specified under section 94, is a legislative instrument but is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003. The obligations imposed by this Act on the Authority include the thorough consideration of the application for the variation, the preparation of a draft variation, and the publication of a notice about the draft variation (sections 13, 92, FSANZ Act). This process also entails one round of public consultation, as mandated by the procedure outlined in Division 1 of Part 3 of the FSANZ Act. Given the minor expected impact on business and individuals, the Authority determined that a Regulation Impact Statement was not necessary. The Authority must ensure that the public is adequately informed about the draft variation through the publication of the notice, thus facilitating transparency and stakeholder engagement. Breach of the obligations stipulated by this Act may have civil or criminal consequences, although the specific penalties are not detailed in the explanatory statement. Under the FSANZ Act, non-compliance with the legislative instrument could result in legal actions, including fines or other penalties as prescribed by relevant laws. The legislative instrument itself, however, is not subject to parliamentary disallowance or sunsetting, underscoring its binding nature once approved and published. The Authority’s compliance with the outlined procedures is critical to the effective governance of food standards and the maintenance of public trust in food safety and regulatory processes.