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 A1139 which seeks approval for food derived from genetically modified potato lines W8, X17 and Y9, which are disease-resistant and have low acrylamide potential and reduced browning. The Application also seeks approval for food derived from progenitor lines F10 and J3 which have reduced acrylamide potential and reduced browning. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft variation.
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 purpose of this instrument is to amend the table to subsection S26—3(4) of Schedule 26 of the Code (permitted food produced using gene technology and conditions) to permit the use or sale of food derived from potato lines W8, X17, Y9, F10 and J3.
3. Documents incorporated by reference
This variation to a food regulatory measure does 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 A1139 included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 26 May 2017 for a six-week consultation period.
A Regulation Impact Statement was not required by the Office of Best Practice Regulation (see ID 12065) because the proposed variation to Schedule 26 is 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 paragraphs (e) and (f) into item 5 of the table to subsection S26—3(4) of Schedule 26 of the Code. The new paragraphs refer to reduced acrylamide potential and reduced browning potato lines F10 and J3; and disease-resistant, reduced acrylamide potential and reduced browning potato lines W8, X17 and Y9. The effect of the variation is to permit the sale and use of food derived from these potato lines in accordance with Standard 1.5.2.
Overview
The Food Standards Australia New Zealand Act 1991, enacted by the Australian Parliament, empowers the Authority to develop and modify food standards, including those concerning genetically modified foods. This Act addresses the legislative gap by providing a framework for the regulation of food standards and variations, ensuring public safety and maintaining the integrity of the food supply. The legislative instrument F2017L01595, introduced to amend the Australia New Zealand Food Standards Code, aims to permit the use or sale of food derived from specific genetically modified potato lines, namely W8, X17, Y9, F10, and J3, which have been assessed for their disease resistance and lower acrylamide potential and browning. This amendment was made following a round of public consultation and approval by the Australia and New Zealand Ministerial Forum on Food Regulation, reflecting a policy objective to facilitate the safe introduction of beneficial genetically modified foods into the market while ensuring public health and safety.
Scope and Application
The legislation F2017L01595 pertains to the amendment of the Australia New Zealand Food Standards Code (the Code) to permit the use or sale of food derived from specific genetically modified potato lines. This legislative instrument is derived from the Food Standards Australia New Zealand Act 1991, under which Food Standards Australia New Zealand (the Authority) has the responsibility to develop and vary food standards. The Act applies to the Authority, which, in this instance, has accepted and approved an application for the development of food regulatory measures. This specific application, A1139, pertains to genetically modified potato lines W8, X17, Y9, F10, and J3, which have been modified for disease resistance and reduced acrylamide potential and browning. These potato lines are now permitted for use in food products in accordance with the amended Standard 1.5.2. The legislation’s reach is national, as it affects both Australia and New Zealand, given the bi-national nature of the Authority and the Code. The variation is not subject to parliamentary disallowance or sunsetting, as stipulated by section 94 of the FSANZ Act. The instrument incorporates no additional documents by reference and was subject to a round of public consultation before approval, although a Regulation Impact Statement was deemed unnecessary due to the minor impact on business and individuals. Notably, this instrument is exempt from the requirement for a statement of compatibility with human rights, as it is a non-disallowable instrument under section 94 of the FSANZ Act.
Key Provisions
The main operative sections of this legislation pertain to the acceptance and approval of a draft variation in food regulatory measures as per section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). Specifically, the Authority has accepted Application A1139, which seeks approval for food derived from genetically modified potato lines W8, X17, and Y9, as well as progenitor lines F10 and J3. This application is processed in accordance with Division 1 of Part 3 of the FSANZ Act, which outlines the procedure for considering applications for the development or variation of food regulatory measures. The Authority has reviewed this application and approved a draft variation, which must now be considered by the Australia and New Zealand Ministerial Forum on Food Regulation before it can be published and enacted.
The obligations and requirements imposed by this Act include the Authority's duty to publish a notice regarding the draft variation under section 92 of the FSANZ Act. The Authority must also ensure that the variation adheres to the specified procedure and includes a round of public consultation, as mandated by Division 1 of Part 3 of the FSANZ Act. Additionally, the Authority must prepare an associated report and draft variation for the application, which in this case, involves inserting new paragraphs into item 5 of the table to subsection S26—3(4) of Schedule 26 of the Code.
Breach of any provisions under the FSANZ Act could result in civil or criminal penalties, depending on the nature and severity of the breach. However, the specific penalties for violations are not detailed within the text of this legislation. Generally, under Australian law, penalties for breaches of food safety and regulatory standards can include fines and, in more severe cases, imprisonment. The maximum penalties for specific breaches would typically be outlined in the FSANZ Act or related legislation. Furthermore, the legislative instrument created by this variation is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003, as stipulated in section 94 of the FSANZ Act.