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.
FSANZ accepted Application A1153 which seeks to permit the use of endo-1,4-β-xylanase (EC 3.2.1.8) from T. reesei, containing a modified xylanase gene from T. flexuosa as a processing aid. The technological purpose is for the depolymerisation of arabinoxylans during the manufacture and/or processing of bakery products, cereal products, grain, cereal based beverages (including beer) and potable alcohol. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft variation to the Code.
2. Purpose
The purpose of the draft variation is to amend the Code to permit the use of endo-1,4-β-xylanase (EC 3.2.1.8) from a GM strain of T. reesei containing a xylanase gene isolated from T. flexuosa as a processing aid. The technological purpose is for the depolymerisation of arabinoxylans during the manufacture and/or processing of bakery products, cereal products, grain, cereal based beverages (including beer); and potable alcohol. Permitted use is at levels of GMP.
3. Documents incorporated by reference
The variations 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 A1153 included one round of public consultation following an assessment and the preparation of a draft variation to the Code and assessment report. The call for submissions (public consultation) started on 15 February 2018 for a six-week period.
The Office of Best Practice Regulation, in a letter dated 24 November 2010 (reference 12065), provided a standing exemption from the need to develop a Regulatory Impact Statement for Applications relating to processing aids. This standing exemption was provided as permitting additional processing aids is a minor, deregulatory change and their use is voluntary. This standing exemption relates to the introduction of a food to the food supply that has been determined to be safe.
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 a new entry into the table to subsection S18-9(3) in Schedule 18 of the Code.
The new entry will permit the use of endo-1,4-β-xylanase, protein engineered variant (EC 3.2.1.8) from T. reesei containing the gene for endo-1,4-β-xylanase isolated from T. flexuosa as a processing aid. The technological function is for the depolymerisation of arabinoxylans during the manufacture and/or processing of the following types of food at levels of GMP,
(a) bakery products;
(b) cereal products;
(c) grain;
(d) cereal based beverages (including beer); and
(e) potable alcohol.