Food Standards (Application A1140 – Food derived from Herbicide-tolerant Canola Line MS11) Variation

Overview

The Food Standards Australia New Zealand Act 1991 was enacted to provide a modern and efficient framework for food regulation across Australia and New Zealand, aiming to ensure food safety and public health through scientifically-based standards. The legislation establishes Food Standards Australia New Zealand (FSANZ) as the body responsible for developing food standards and variations, ensuring they meet the needs of both consumers and industry. The problem or gap the Act was introduced to address includes the need for a coordinated approach to food regulation that reflects contemporary scientific understanding and consumer expectations, while also facilitating trade and industry innovation. This legislative instrument, F2017L01596, arises from the Authority's acceptance of an application to allow the sale and use of food derived from a genetically modified canola line, MS11, which has been engineered for herbicide tolerance and male sterility. The Authority conducted the necessary assessments and public consultation in line with the FSANZ Act, determining that the variation would permit the sale of food from this canola line under existing food standards. The instrument is subject to ministerial approval and public notice, but it is not subject to parliamentary disallowance or sunsetting. The policy objective is to enable the use of innovative food products that meet safety standards, thereby supporting agricultural advancements and consumer choice.

Scope and Application

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) authorises Food Standards Australia New Zealand (the Authority) to develop and vary standards for inclusion in the Australia New Zealand Food Standards Code. The Authority has the discretion to accept applications for such developments or variations, and this process is outlined in Division 1 of Part 3 of the FSANZ Act. One such application, A1140, sought permission for the sale and use of food derived from a genetically modified canola line, MS11, which is tolerant to glufosinate ammonium and is male sterile. Upon considering this application, the Authority prepared a draft variation, which was then reviewed by the Australia and New Zealand Ministerial Forum on Food Regulation. As per section 92 of the FSANZ Act, the Authority is required to publish a notice about the standard or draft variation, which subsequently becomes a legislative instrument under section 94 of the Act, though it is not subject to disallowance or sunsetting. The purpose of this specific variation is to allow the sale or use of food derived from the genetically modified canola line MS11, in compliance with Standard 1.5.2. The Authority's consideration of the application involved a round of public consultation, although a Regulation Impact Statement was deemed unnecessary due to the minor anticipated impact on businesses and individuals.

Key Provisions

The main operative sections of this legislation pertain to the development of standards for genetically modified food products by Food Standards Australia New Zealand (the Authority). Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) mandates the Authority to develop standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code). The procedure for considering an application for the development or variation of food regulatory measures, including standards, is specified in Division 1 of Part 3 of the FSANZ Act. In this instance, the Authority has accepted Application A1140 which seeks permission for the sale and use of food derived from a genetically modified canola line, MS11. The Authority has prepared a draft variation following consideration of the application and has published a notice about the draft variation in accordance with section 92 of the FSANZ Act. A variation to insert an entry for herbicide-tolerant canola line MS11 into the table to subsection S26—3(4) in Schedule 26 has been approved to permit the sale or use in food of food derived from that canola line in accordance with Standard 1.5.2. The Act imposes several obligations and requirements on the Authority. Firstly, the Authority must consider applications for the development or variation of food regulatory measures, including standards, in accordance with Division 1 of Part 3 of the FSANZ Act. Secondly, the Authority must publish a notice about the standard or draft variation of a standard in accordance with section 92 of the FSANZ Act. Thirdly, the Authority must conduct a public consultation process for submissions on the draft variation and associated report in accordance with the procedure in Division 1 of Part 3 of the FSANZ Act. Finally, the Authority must prepare a Regulation Impact Statement if the proposed variation is likely to have a significant impact on business and individuals. Any breaches of the provisions of the FSANZ Act may result in civil or criminal consequences. However, the maximum penalties for breaches are not specified in the legislation. The FSANZ Act provides for the imposition of fines and imprisonment for breaches of the Act, but the specific penalties are determined by the courts. It is important to note that 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.