Food Standards (Application A1183 – Enzymatic production of Rebaudioside E) Variation

Administered by Department of Health, Disability and Ageing

Legislation au F2020L00937 Not in force Legislative Instrument

Legislation content

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 A1183 which seeks approval for a new specification for the steviol glycoside rebaudioside E produced by an enzymatic conversion method using a processing aid derived from a genetically modified strain of Pichia pastoris. 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 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 Authority has approved a draft variation to:

 

  1. permit steviol glycoside preparations containing rebaudioside E produced by the new enzymatic conversion method to be used as a food additive in accordance with the existing permissions and limits for steviol glycosides in the Code; and

 

b.      permit a particular substance to be used as a processing aid in the manufacture of the A1183 applicant’s rebaudioside E preparation in accordance with Standard 1.3.3 of the Code.

 

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 A1183 included one round of public consultation following an assessment and the preparation of a draft variation and associated report.

 

A Regulation Impact Statement was not required because the proposed variations to Schedules 3 and 18 are likely to have a minor impact on business and individuals (OBPR reference 12065).

 

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

 

6.1 Item [1]

 

Item [1] amends section S3—35 of the Code which sets out the specification for steviol glycosides from Stevia rebaudiana Bertoni.

 

In particular, subsection S3—35(2) is amended by omitting subparagraph S3—35(2)(d)(iii) and inserting in its place amended subparagraph S3—35(2)(d)(iii) and new paragraph S3—35(2)(e).

 

Paragraph S3—35(2)(d) was inserted into the Code by the variation for Application A1176, which came into force on 26 February 2020. The amendment made by item [1] changes the punctuation at the end of that paragraph to reflect the addition of new paragraph S3—35(2)(e).

 

New paragraph S3—35(2)(e) specifies the following process by which a steviol glycosides preparation can be obtained from the leaves of the Stevia rebaudiana Bertoni plant—the enzymatic conversion of purified stevia leaf extract to produce rebaudioside E using a protein engineered enzyme that: contains both uridine diphosphate (UDP) glucosyltransferase and sucrose synthase (EC 2.4.1.13); and is sourced from Pichia pastoris (strain UGT-A).

 

6.2 Item [2]

 

Item [2] amends Schedule 18 by inserting a new entry into the table to subsection S18—9(3). This table lists permitted substances that may be used as processing aids for specific technological purposes.

 

The new entry lists a protein engineered enzyme containing both of the following components: UDPglucosyltransferase and sucrose synthase (EC 2.4.1.13); and which is sourced from Pichia pastoris strain UGT-A.

 

The specified technological purpose for this protein engineered enzyme processing aid is the conversion of purified stevia leaf extract to produce rebaudioside E.

 

The maximum permitted level at which the enzyme may be present in food must be consistent with Good Manufacturing Practice (as defined by section 1.1.2—2(3) of the Code).

 

The cumulative effect of the amendments in items [1] and [2] above is to permit the following substance to be used as a food additive (in accordance with the existing relevant permissions in the Code): a steviol glycoside preparation containing rebaudioside E produced by the enzymatic conversion of purified stevia leaf extract using the above protein engineered enzyme as a processing aid.

 

 

Overview

The Food Standards Australia New Zealand Amendment (Food Additives) Instrument 2020 (F2020L00937) was introduced to address the need for updated standards and variations of standards for food additives within the Australia New Zealand Food Standards Code. This instrument was enacted by the Parliament of Australia to facilitate the incorporation of new specifications for food additives into the Code, ensuring that the standards reflect current scientific understanding and technological advancements. The policy objective behind this amendment is to maintain and enhance food safety and public health by providing clear and up-to-date regulatory measures for food additives. Following the necessary consultations and assessments, the Authority approved the draft variation to allow the use of a specific steviol glycoside preparation, rebaudioside E, produced through an enzymatic conversion method, and to permit the use of a particular enzyme as a processing aid in its manufacture. This legislative instrument ensures that the variations are subject to appropriate scrutiny and public consultation, aligning with the objectives of the Food Standards Australia New Zealand Act 1991.

Scope and Application

The F2020L00937 legislation pertains to a draft variation approved by Food Standards Australia New Zealand (FSANZ) for the inclusion of a new specification for the steviol glycoside rebaudioside E, produced through an enzymatic conversion method using a processing aid derived from a genetically modified strain of Pichia pastoris. This variation applies to food manufacturers, food additives suppliers, and any other entities involved in the production or sale of food products containing rebaudioside E as a sweetener. The geographic reach of this legislation is limited to Australia and New Zealand, as it pertains to the Australia New Zealand Food Standards Code. The Authority has ensured compliance with the Food Standards Australia New Zealand Act 1991 by conducting a public consultation and assessing the impact on businesses and individuals. This legislative instrument is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003, and it does not incorporate any documents by reference. This draft variation is a legislative instrument, and no statement of compatibility with human rights is required as it is a non-disallowable instrument.

Key Provisions

The key operative sections of this legislation detail the approval of a draft variation to the Australia New Zealand Food Standards Code, specifically concerning the use of rebaudioside E as a food additive. Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) outlines the Authority’s function to develop standards and variations for inclusion in the Code. The Authority accepted Application A1183, which sought approval for a new specification of steviol glycoside rebaudioside E produced through an enzymatic conversion method using a processing aid derived from a genetically modified strain of Pichia pastoris. The Authority’s consideration of this application followed the procedures stipulated in Division 1 of Part 3 of the FSANZ Act, which includes the mandatory publication of a notice about the draft variation under section 92. The approved draft variation, which is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003 as specified in section 94, allows for the use of rebaudioside E in food additives and the use of a particular enzyme as a processing aid in the production of this substance. The obligations and requirements imposed by this Act on the parties it governs primarily concern the adherence to the newly approved standards and variations. The Authority is required to publish notices about draft variations in accordance with section 92 of the FSANZ Act. The Authority's consultation process, as mandated by Division 1 of Part 3 of the FSANZ Act, must include at least one round of public consultation, as was the case with Application A1183. Furthermore, entities using rebaudioside E as a food additive must comply with the new specifications outlined in section S3—35 of the Code and ensure that any processing aids used are permitted under Standard 1.3.3 of the Code. Any breach of the provisions set out in this legislation could lead to civil or criminal consequences. Although the explanatory statement does not explicitly state the penalties for non-compliance, violations of food standards in Australia can typically result in significant fines, as stipulated under the FSANZ Act and other related legislation. The maximum penalties for contravening food standards can include substantial financial penalties for corporations and potential imprisonment for individuals, depending on the severity and intent of the breach. Non-compliance may also lead to product recalls, legal action, and damage to reputation, which could have long-term financial implications for the offending parties.

Legal classification tags

Area of Law
Food Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Consultation Requirements
Catchwords
Food Standards Australia New Zealand Act 1991
Australia New Zealand Food Standards Code

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.