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 A1199 which seeks approval for the sale and use of food derived from two genetically modified (GM) potato lines, V11 and Z6. 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 standard or 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 the draft variation amending Schedule 26 of the Code to permit the sale and use of food derived from GM potato lines V11 and Z6 in accordance with 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 A1199 will include one round of public consultation following an assessment and the preparation of a draft variation.
The Office of Best Practice Regulation (OBPR), in a letter to FSANZ dated 24 November 2010, granted a standing exemption from the need for the OBPR to assess if a Regulatory Impact Statement is required for the approval of genetically modified foods (ref 12065). This standing exemption was provided as varying Schedule 26 is a consequential change of maintaining a permitted schedule of GM foods. Additionally, permitting new GM foods is deregulatory as using the GM technology will be voluntary if the application is approved. This standing exemption relates to the introduction of a food to the food supply that has been determined to be safe. As such, a Regulation Impact Statement was not required in this case as the sale of food derived from GM potato lines V11 and Z6, if approved, would be voluntary and would be 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] inserts new paragraphs (g) and (h) into item 5 in the table to subsection S26—3(4) in Schedule 26. The new paragraphs refer to: reduced acrylamide potential and reduced browning potato line V11; and disease-resistant, reduced acrylamide potential and reduced browning potato line Z6. The effect of the variation is to permit the sale and use of food derived from these two potato lines in accordance with the Code.
Overview
The Food Standards Australia New Zealand Amendment (2020 GM Potato Lines) Instrument 2020 (F2020L01527) was introduced to address the need for updating the Australia New Zealand Food Standards Code to include food derived from genetically modified (GM) potato lines V11 and Z6. Enacted by the Australian Government, the instrument is an amendment to the Food Standards Australia New Zealand Act 1991, and its primary objective is to facilitate the inclusion of these GM potato lines in the food supply, subject to their safety and compliance with the food standards code. This legislative amendment follows the acceptance and consideration of an application by Food Standards Australia New Zealand (FSANZ), and it aligns with the policy of allowing the voluntary use of GM technology in food production when deemed safe. The instrument was developed in accordance with the FSANZ Act, including a round of public consultation, and is exempt from requiring a Regulatory Impact Statement or a statement of compatibility with human rights, as the changes are considered to have a minor impact and pertain to maintaining a permitted schedule of GM foods.
Scope and Application
The explanatory statement pertains to a draft variation approved by Food Standards Australia New Zealand (FSANZ) to amend Schedule 26 of the Australia New Zealand Food Standards Code, which governs the sale and use of food derived from genetically modified (GM) organisms. The draft variation, approved following an application, aims to permit the sale and use of food derived from two GM potato lines, V11 and Z6, in accordance with the Code. The Authority’s approval process included one round of public consultation, as mandated by Division 1 of Part 3 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). Notably, the Office of Best Practice Regulation granted a standing exemption from the requirement to assess if a Regulatory Impact Statement was needed, deeming the variation a minor, voluntary, and safe change to the food supply. The geographic reach of this legislation is binational, applicable to both Australia and New Zealand, as per the FSANZ Act's jurisdiction. The legislative instrument, once finalised, will not be subject to parliamentary disallowance or sunsetting under the Legislation Act 2003.
Key Provisions
The main operative sections of the legislation, as referenced in the explanatory statement, involve the approval and publication of a draft variation to the Australia New Zealand Food Standards Code. This variation, as outlined in Item [1], specifically permits the sale and use of food derived from genetically modified (GM) potato lines V11 and Z6. This decision follows the Authority's acceptance of Application A1199 and its subsequent consideration in accordance with Division 1 of Part 3 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). The Authority has approved a draft variation to Schedule 26 of the Code, which will now be subject to the approval process by the Australia and New Zealand Ministerial Forum on Food Regulation, and subsequent publication as mandated by section 92 of the FSANZ Act.
The obligations imposed by this Act on the relevant parties primarily revolve around the assessment and approval process for the GM potato lines. Food Standards Australia New Zealand (the Authority) is tasked with considering applications for the development or variation of food regulatory measures, which includes a process of public consultation. This obligation is clearly stated in the explanatory statement and follows the procedural guidelines outlined in Division 1 of Part 3 of the FSANZ Act. Additionally, the Authority is required to publish a notice regarding the draft variation once it has been considered by the Ministerial Forum, as specified by section 92 of the Act.
Any offences, penalties, or consequences for breach of the provisions outlined in this legislation are not explicitly stated in the explanatory statement. However, it is implied that the Authority’s role in assessing and approving the GM potato lines is subject to rigorous procedural standards, including public consultation and Ministerial Forum approval. Failure to adhere to these processes or to accurately assess the safety and impact of the GM potato lines could result in legal and reputational consequences for the Authority. The explanatory statement also clarifies that the approved variation is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003, which indicates that there are no prescribed penalties for breaches of the legislative instrument itself but underscores the importance of compliance with the established procedures.