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 A1156 which seeks permission for the sale and use of food derived from either of two genetically modified safflower lines, 26 and 40, which produce very high levels of oleic acid in the seed. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft variation to Schedule 26.
2. Purpose
The Authority has approved the draft variation to amend Schedule 26 of the Code to permit the sale, or use in food, of food derived from either of super high oleic safflower lines 26 and 40.
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 A1156 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 June 2018 for a six-week consultation period.
A Regulation Impact Statement was not required 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] of the draft variation varies Schedule 26.
Item [1.1] inserts into subsection S26—3(2) a reference to Item 9(a) of the table to subsection S26—3(4). The effect of this variation will be to require a food for sale that consists of super high oleic safflower lines 26 and 40, or that has either of the latter as an ingredient, to comply with the labelling requirement imposed by section 1.5.2—4 of the Code.
Item [1.2] inserts Item 9 paragraph (a) into the table to subsection S26—3(4). The new paragraph refers to super high oleic safflower lines 26 and 40. The effect of the variation is to permit the sale and use of food derived from either of those safflower lines in accordance with Standard 1.5.2.