Food Standards (Application A1192 – Food derived from herbicide-tolerant corn line MON87429) Variation

Overview

The Food Standards Australia New Zealand Amendment Regulations 2020, enacted in 2020, was introduced to address the need for updating the Australia New Zealand Food Standards Code to include food derived from specific genetically modified organisms. The regulations were enacted by the Australian Parliament to ensure that food standards are up-to-date with scientific advancements and to provide clear guidelines for the food industry. The primary objective of these regulations is to allow the use or sale of food derived from herbicide-tolerant corn line MON87429, thereby ensuring food safety and consumer protection while also facilitating the voluntary adoption of new agricultural technologies. The process of approving the draft variation involved a thorough review by Food Standards Australia New Zealand, followed by consideration from the Australia and New Zealand Ministerial Forum on Food Regulation, in line with the established legislative framework.

Scope and Application

The F2020L01524 legislation pertains to the approval of food derived from herbicide-tolerant corn line MON87429 by the Authority, as per section 13 of the Food Standards Australia New Zealand Act 1991. This Act governs the development and variation of standards and applies to Food Standards Australia New Zealand (FSANZ), which is responsible for accepting applications related to food regulatory measures, including standards. The legislation specifies the procedure for considering such applications, ensuring a thorough review process. Once an application is approved, the Authority is required to publish a notice about the standard or draft variation under section 92 of the FSANZ Act, making it a legislative instrument. However, this instrument is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003 as per section 94 of the FSANZ Act. The application process involves one round of public consultation, and in this instance, a Regulation Impact Statement was not required because the impact of permitting the sale of food derived from corn line MON87429 would likely be minor. The legislation exempts this instrument from the need for a statement of compatibility with human rights due to its non-disallowable nature.

Key Provisions

The main operative sections of this legislation (F2020L01524) concern the approval of a draft variation by the Authority under the Food Standards Australia New Zealand Act 1991 (FSANZ Act) (sections 13, 92, 94). The Authority has accepted Application A1192 for the development of a variation in food regulatory measures concerning the herbicide-tolerant corn line MON87429 and has approved a draft variation following the stipulated procedure in Division 1 of Part 3 of the FSANZ Act. This draft variation permits the use or sale of food derived from this corn line, subject to the approval of the Australia and New Zealand Ministerial Forum on Food Regulation. Once approved, the Authority must publish a notice of the draft variation under section 92 of the FSANZ Act. This draft variation is considered a legislative instrument but is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003 (section 94). The Act imposes several obligations and requirements on the Authority and potentially on businesses dealing with the herbicide-tolerant corn line MON87429. The Authority must follow the specified procedure for considering applications for the development or variation of food regulatory measures, including public consultation as outlined in Division 1 of Part 3 of the FSANZ Act. Once the draft variation is approved by the Ministerial Forum and published, it becomes effective, and businesses must comply with the new standards for the sale of food derived from MON87429. Additionally, the Authority must ensure that the new standard aligns with existing food safety regulations and public health requirements. Failure to comply with the provisions of the FSANZ Act or the approved draft variation may result in civil or criminal consequences, although specific offences and penalties are not detailed within the explanatory statement. The FSANZ Act generally provides for enforcement mechanisms, including fines and other penalties for non-compliance with food standards. The Authority may also take administrative action against entities found to be in breach of the approved variation. The maximum penalties for such breaches are not explicitly stated in the explanatory statement but would be in accordance with the FSANZ Act and other relevant legislation. The legislation also addresses the incorporation of documents by reference, stating that the variations do not incorporate any documents by reference. This means that the draft variation stands alone and does not rely on external documents for its implementation. Furthermore, a Regulation Impact Statement was not required because the sale of food derived from corn line MON87429, if approved, would be voluntary and likely to have a minor impact on business and individuals. This determination is based on the assessment and the reference to OBPR ref 12065. The 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.