Food Standards (Application A1196 – Food derived from nematode-protected and herbicide-tolerant soybean line GMB151) Variation

Overview

The Food Standards Australia New Zealand Act 1991 (the FSANZ Act) governs the functions of Food Standards Australia New Zealand (the Authority), including the development of standards for food items. Enacted by the Australian Parliament, the Act aims to ensure food safety and quality across Australia and New Zealand. It establishes a framework for the development and enforcement of food standards, ensuring they meet health and safety requirements. This legislative instrument, F2020L01526, was introduced to address the need for approving food derived from genetically modified organisms. Specifically, it aims to allow the sale and use of food from genetically modified soybean line GMB151, which has been engineered to resist parasitic nematodes and tolerate HPPD-inhibitor herbicides. Following the Authority's approval and public consultation, this legislative instrument facilitates the integration of this genetically modified food into the Australia New Zealand Food Standards Code. The Authority's decision to permit such food is grounded in ensuring consumer safety while fostering innovation in agricultural practices.

Scope and Application

The legislation, F2020L01526, pertains to the Food Standards Australia New Zealand Act 1991 and applies to Food Standards Australia New Zealand (the Authority), which is responsible for developing and varying food regulatory measures, including standards, for inclusion in the Australia New Zealand Food Standards Code. This particular Act addresses the approval of a draft variation to permit the sale and use of food derived from genetically modified soybean line GMB151, which has been engineered to resist parasitic nematodes and tolerate HPPD-inhibitor herbicides. The draft variation was approved following an assessment, a round of public consultation, and consideration by the Australia and New Zealand Ministerial Forum on Food Regulation. The geographic and jurisdictional reach of this Act is national, covering both Australia and New Zealand, as it relates to the Code which is applicable across both countries. The Act does not incorporate any documents by reference and exempts itself from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under the FSANZ Act. This legislative instrument is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003.

Key Provisions

The main operative sections of this legislation, as outlined in the explanatory statement, include sections 92 and 94 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act), which concern the publication of notices about standards or draft variations of standards, and the nature of these as legislative instruments ((1)). Additionally, Item [1] of the legislation amends Schedule 26 by inserting a new paragraph (q) into the table to subsection S26—3(4), which permits the sale and use of food derived from genetically modified soybean line GMB151 in accordance with the Australia New Zealand Food Standards Code (the Code) ((2)). In accordance with the FSANZ Act, the Authority is obliged to consider applications for the development or variation of food regulatory measures and to conduct public consultation where appropriate ((3)). The Authority must publish a notice about the standard or draft variation of a standard following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation ((1)). The variations to food regulatory measures do not incorporate any documents by reference, and a Regulation Impact Statement was not required for this application due to the anticipated minor impact on business and individuals ((4)). Breaching the provisions of the FSANZ Act or the Code could result in legal consequences, although specific offences, penalties, or civil/criminal consequences are not outlined in this legislation. The legislation states that the approved standard or draft variation is a legislative instrument but is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003 ((1)). This legislation 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 ((5)). This exemption means that the legislation does not need to be assessed for compatibility with human rights legislation, although it is still subject to scrutiny and review by relevant authorities.