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 A1202 which seeks to permit the sale and use of food derived from corn line DP23211 as a new food produced using gene technology (a GM food). Corn line DP23211 has been genetically modified for tolerance to the herbicide glufosinate and is protected against the insect pest, corn rootworm. 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 purpose of the draft variation is to permit the sale and use of food derived from genetically modified corn line DP23211.
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 A1202 included one round of public consultation following an assessment and the preparation of a draft variation and associated report.
The Office of Best Practice Regulation (OBPR) granted the Authority a standing exemption from the requirement to develop a Regulatory Impact Statement for permitting new GM foods (OBPR correspondence dated 24 November 2010, reference 12065). This standing exemption was provided because varying Schedule 26 is a consequential change of maintaining a permitted schedule of GM foods. Additionally, permitting a new GM food is deregulatory as using the gene technology will be voluntary if the Application concerned is approved. The standing exemption relates to the introduction of a food to the food supply that has been determined to be safe.
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] amends Schedule 26 by inserting new paragraph (zd) into item 2 of the table to subsection S26—3(4) in Schedule 26 in alphabetical order.
The new paragraph refers to ‘herbicide-tolerant and insect-protected corn line DP23211’. Corn line DP23211 is a corn line genetically modified for tolerance to the herbicide glufosinate and is protected against the insect pest, corn rootworm.
The effect of the variation is to permit the sale and use of food derived from that corn line in accordance with the Code.
Overview
The legislative instrument F2021L00468, enacted under the Food Standards Australia New Zealand Act 1991, seeks to address the gap in the existing regulatory framework concerning the introduction of genetically modified (GM) foods. This Act was introduced to facilitate the development of food standards and variations, and it allows Food Standards Australia New Zealand (FSANZ) to consider applications for the inclusion of new GM foods in the Australia New Zealand Food Standards Code. The enactment body responsible for this Act is the Australian Parliament. The policy objective is to ensure that new food products, including those derived from genetically modified organisms, undergo rigorous safety assessments before being permitted for sale and consumption. This legislative instrument permits the sale and use of food derived from corn line DP23211, a GM corn line that has been genetically modified to tolerate the herbicide glufosinate and is protected against the corn rootworm insect pest, aligning with the FSANZ Act's mandate to regulate food safety and standards.
Scope and Application
The F2021L00468 legislation pertains to the Food Standards Australia New Zealand Act 1991, which empowers Food Standards Australia New Zealand to develop and vary food regulatory measures, including standards, for the Australia New Zealand Food Standards Code. This particular legislation addresses Application A1202, which seeks to permit the sale and use of food derived from genetically modified corn line DP23211, a GM food engineered for herbicide tolerance and protection against corn rootworm pests. The legislation is applicable to Food Standards Australia New Zealand, and its approval follows the stipulated procedure under Division 1 of Part 3 of the FSANZ Act, including a round of public consultation. Once approved by the Australia and New Zealand Ministerial Forum on Food Regulation, the Authority is required to publish a notice about the draft variation. Notably, this instrument is a legislative variation that is exempt from parliamentary disallowance or sunsetting under the Legislation Act 2003. The geographic scope of this legislation is limited to Australia and New Zealand, as it pertains to the Australia New Zealand Food Standards Code. There are no specific exclusions mentioned in the text, but it is understood that the legislation applies to the introduction of a food to the food supply that has been determined safe. The application of this Act is further extended or restricted through subordinate instruments, ensuring compliance with overarching legislative frameworks.
Key Provisions
The key provisions of the legislation pertain to the acceptance and consideration of an application to permit the sale and use of genetically modified (GM) food derived from corn line DP23211, as well as the subsequent publication of a draft variation (sections 13, 92, 94 of the FSANZ Act). The main operative sections require Food Standards Australia New Zealand (FSANZ) to accept and evaluate applications for new food regulatory measures, and once approved, to publish a notice about the standard or draft variation of a standard (section 13). The Authority has accepted Application A1202 and approved a draft variation to permit the sale and use of food derived from corn line DP23211, a genetically modified corn that has been modified for herbicide tolerance and insect resistance. This draft variation amends Schedule 26 by inserting a new paragraph referring to ‘herbicide-tolerant and insect-protected corn line DP23211’ (Item [1]). This amendment allows the sale and use of food derived from this corn line in accordance with the Australia New Zealand Food Standards Code.
The legislation imposes several obligations on the parties involved. FSANZ must accept and consider applications for the development or variation of food regulatory measures in accordance with the procedures outlined in Division 1 of Part 3 of the FSANZ Act. Upon consideration and approval of an application, FSANZ is required to publish a notice about the draft variation of a standard (section 92). Additionally, the legislation requires that any draft variation of a standard is a legislative instrument but is not subject to disallowance or sunsetting under the Legislation Act 2003 (section 94).
There are no specific offences, penalties, or consequences outlined for breaches of the provisions in this legislation. However, the legislative process ensures that any variation to food standards is carefully considered and assessed for safety before being implemented. This helps to maintain public trust in the food supply and ensures that any GM foods introduced are safe for consumption. The FSANZ Act and related legislation provide mechanisms for oversight and enforcement to ensure compliance with food safety standards.