Food Standards (Application A1226 – Food derived from insect-protected corn line MON95379) Variation

Overview

The Food Standards Australia New Zealand Amendment (2022 GM Corn MON95379) Instrument 2022 (F2022L00607) was enacted in 2022 to amend the Food Standards Australia New Zealand Act 1991 (FSANZ Act) by permitting the sale and use of food derived from a genetically modified (GM) corn line, MON95379, which has been modified for protection against lepidopteran insect pests. This legislative instrument was introduced by the Australian Government and was developed in accordance with Division 1 of Part 3 of the FSANZ Act, which outlines the procedure for considering applications for the development or variation of food regulatory measures. The policy objective of this amendment is to ensure that any new GM food introduced into the food supply is safe for consumption, while also promoting innovation in food technology and providing consumers with a wider range of food choices. This legislative instrument does not require a statement of compatibility with human rights, as it is a non-disallowable instrument under section 94 of the FSANZ Act. The Authority considered the application for the GM corn line MON95379 in line with the specified procedure and has approved a draft variation. This variation permits the sale and use of food derived from the GM corn line MON95379 in accordance with the Australia New Zealand Food Standards Code. The Authority undertook one round of public consultation during the consideration process and was granted a standing exemption from the requirement to develop a Regulatory Impact Statement for permitting new GM foods. The amendment to Schedule 26 of the FSANZ Act involves the insertion of a new paragraph referring to insect-protected corn line MON95379, permitting the sale and use of food derived from this corn line in accordance with the Code.

Scope and Application

The Act applies to the Authority under Section 13 of the Food Standards Australia New Zealand Act 1991, which includes the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code. The Act's jurisdiction extends to the Commonwealth level, and it applies to entities and individuals involved in the production, sale, and use of food derived from genetically modified organisms, specifically the corn line MON95379. The Act permits the sale and use of food derived from this genetically modified corn, which has been modified for protection from lepidopteran insect pests, in accordance with the Code. The geographic reach of the Act is national, applying across Australia. The Authority has approved a draft variation to permit the sale and use of this GM food following a public consultation process, as specified in Division 1 of Part 3 of the FSANZ Act. The Act does not incorporate any documents by reference and is exempt from the requirement to develop a Regulatory Impact Statement for permitting new GM foods due to a standing exemption granted by the Office of Best Practice Regulation.

Key Provisions

The primary sections of the legislation in question pertain to the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) (s 13) and the procedure for considering an application for the development or variation of food regulatory measures (Part 3, Division 1). Specifically, section 13 of the FSANZ Act outlines the Authority's function to develop standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code). The Authority has accepted Application A1226, which seeks to permit the sale and use of food derived from a new food produced using gene technology (GM food) - corn line MON95379. The Authority has subsequently approved a draft variation following the consideration of the application in accordance with the stipulated procedure. Section 92 of the FSANZ Act mandates that the Authority must publish a notice about the standard or draft variation of a standard, and section 94 specifies that such 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. The approved draft variation imposes specific obligations on the Authority and the entities it governs. The Authority must publish a notice about the draft variation, as mandated by section 92 of the FSANZ Act, and the draft variation itself is a legislative instrument that is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003 (s 94). The purpose of the approved draft variation is to permit the sale and use of food derived from a new GM food - corn line MON95379, in accordance with the Code (s 2). The Authority's consideration of Application A1226 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 FSANZ 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 exemption was granted as varying Schedule 26 is a consequential change of maintaining a permitted schedule of GM foods, and permitting a new GM food is deregulatory as using the food will be voluntary if the Application concerned is approved. This exemption relates to the introduction of a food to the food supply that has been determined to be safe. The approved draft variation does not incorporate any documents by reference (s 4). 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 (s 5). The approved draft variation amends Schedule 26 by inserting new paragraph (ze) into item 2 of the table to subsection S26—3(4) in Schedule 26 in alphabetical order, referring to insect-protected corn line MON95379 (s 6). The effect of the approved draft variation is to permit the sale and use of food derived from that corn line in accordance with the Code. There are no specified offences, penalties, or civil/criminal consequences for breach in the text provided, however, it is clear that any breaches of the approved draft variation or the FSANZ Act would be subject to relevant penalties under Australian law.