Food Standards (Application A1229 – Carboxypeptidase from GM Aspergillus oryzae as a processing aid) Variation

Administered by Department of Health, Disability and Ageing

Legislation au F2023L01121 Not in force Legislative Instrument

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Explanatory Statement

Food Standards Australia New Zealand Act 1991

Food Standards (Application A1229 – Carboxypeptidase from GM Aspergillus oryzae as a processing aid) Variation

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 A1229 which sought to amend the Code to permit the use of the carboxypeptidase enzyme (EC 3.4.16.6) from a genetically modified (GM) strain of Aspergillus oryzae as a processing aid for use in the manufacture and/or processing of proteins, yeast and flavourings; the manufacture of bakery products; and brewing. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft variation – the Food Standards (Application A1229 – Carboxypeptidase from GM Aspergillus oryzae as a processing aid) Variation.

Following consideration by the Food Ministers’ Meeting (FMM), section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.

2. Variation will be a legislative instrument

The approved draft variation is a legislative instrument for the purposes of the Legislation Act 2003 (see section 94 of the FSANZ Act) and is publicly available on the Federal Register of Legislation (www.legislation.gov.au).

This instrument is not subject to the disallowance or sunsetting provisions of the Legislation Act 2003. Subsections 44(1) and 54(1) of that Act provide that a legislative instrument is not disallowable or subject to sunsetting if the enabling legislation for the instrument (in this case, the FSANZ Act): (a) facilitates the establishment or operation of an intergovernmental scheme involving the Commonwealth and one or more States; and (b) authorises the instrument to be made for the purposes of the scheme. Regulation 11 of the Legislation (Exemptions and other Matters) Regulation 2015 also exempts from sunsetting legislative instruments a primary purpose of which is to give effect to an international obligation of Australia.

The FSANZ Act gives effect to an intergovernmental agreement (the Food Regulation Agreement) and facilitates the establishment or operation of an intergovernmental scheme (national uniform food regulation). That Act also gives effect to Australia’s obligations under an international agreement between Australia and New Zealand. For these purposes, the Act establishes the Authority to develop food standards for consideration and endorsement by the FMM. The FMM is established under the Food Regulation Agreement and the international agreement between Australia and New Zealand, and consists of New Zealand, Commonwealth and State/Territory members. If endorsed by the FMM, the food standards on gazettal and registration are incorporated into and become part of Commonwealth, State and Territory and New Zealand food laws. These standards or instruments are then administered, applied and enforced by these jurisdictions’ regulators as part of those food laws.

3. Purpose

The Authority has approved a draft variation amending the table to subsection S18––9(3) in Schedule 18 of the Code to permit the use of the enzyme carboxypeptidase (EC 3.4.16.6) sourced from a GM strain of Aspergillus oryzae containing the carboxypeptidase gene from Aspergillus oryzae as a processing aid in the manufacture and/or processing of proteins, yeast and flavourings; the manufacture of bakery products; and brewing. This permission is subject to the condition that the amount of enzyme used must be consistent with Good Manufacturing Practice (GMP).

4. Documents incorporated by reference

The approved draft variation does not incorporate any documents by reference.

However, existing provisions of the Code incorporate documents by reference that will prescribe identity and purity specifications for the processing aid to be permitted by the approved draft variation. Section 1.1.1—15 of the Code requires substances used as processing aids to comply with any relevant identity and purity specifications listed in Schedule 3 of the Code. Section S3—2 of Schedule 3 incorporates by reference the specifications listed in the Joint FAO/WHO Expert Committee on Food Additives (JECFA) Combined Compendium of Food Additive Specifications (FAO JECFA Monographs 23 (2019)) and the United States Pharmacopeial Convention Food Chemicals Codex (12th edition, 2020). These include general specifications for the identity and purity of enzyme preparations used in food processing.

5. Consultation

In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1229 included one round of public consultation following an assessment and the preparation of a draft variation and associated assessment summary. Submissions were called for on 8 February 2023 for a six-week consultation period.

The Office of Impact Analysis[1] granted the Authority a standing exemption from the requirement to develop a Regulatory Impact Statement for applications relating to permitting new processing aids and GM foods (OBPR correspondence dated 24 November 2010, reference 12065). This standing exemption was provided as permitting new processing aids and GM foods is deregulatory as their use 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.

6. 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 44 of the Legislation Act 2003.

7. Variation

Item [1] of the Schedule to the approved draft variation inserts a new entry, in alphabetical order, into the table to subsection S18—9(3) of the Code. The new entry consists of the following enzyme in column 1 of the table:

  • ‘Carboxypeptidase (EC 3.4.16.6) sourced from Aspergillus oryzae containing the carboxypeptidase gene from Aspergillus oryzae

The permitted technological purpose for this enzyme is prescribed in column 2 of the table i.e. for use as a processing aid in the manufacture and/or processing of proteins, yeast and flavourings; the manufacture of bakery products; and brewing.

The permission is subject to the condition, as prescribed in column 3 of the table, that the maximum permitted level or amount of this enzyme that may be present in the food must be consistent with GMP.

The effect of the approved draft variation is to permit the proposed use of the enzyme, carboxypeptidase (EC 3.4.16.6) sourced from Aspergillus oryzae containing a carboxypeptidase gene from Aspergillus oryzae as a processing aid in accordance with the Code.

 

[1] Formerly known as the Office of Best Practice Regulation (OBPR).

Overview

The Food Standards Australia New Zealand Act 1991, enacted by the Australian Parliament, was introduced to establish a regulatory framework for food standards, ensuring the safety and quality of food products within Australia and New Zealand. This Act facilitates the development and enforcement of food standards by Food Standards Australia New Zealand (FSANZ), thereby promoting a unified approach to food regulation across the two nations. The Authority, as defined in the Act, has the function of developing and varying food standards, including the consideration of applications for new food regulatory measures, such as the use of genetically modified ingredients or processing aids in food production. The policy objective of the Act is to maintain and improve public health and consumer protection by providing a consistent and science-based approach to food regulation. The FSANZ Act also ensures that food standards are developed in consultation with relevant stakeholders and are aligned with international obligations and best practices.

Scope and Application

The Food Standards Australia New Zealand Act 1991, as amended by the Food Standards (Application A1229 – Carboxypeptidase from GM Aspergillus oryzae as a processing aid) Variation, governs the use of genetically modified (GM) carboxypeptidase from Aspergillus oryzae as a processing aid in the manufacture and processing of proteins, yeast, flavourings, bakery products, and brewing. This legislation applies to food manufacturers, processors, and any entities involved in the food supply chain within Australia and New Zealand, ensuring compliance with national food standards. The geographic reach of this Act encompasses the Commonwealth, states, and territories of Australia, as well as New Zealand, reflecting its role in maintaining a uniform food regulatory system across these jurisdictions. The Act does not incorporate any documents by reference but relies on existing provisions of the Australia New Zealand Food Standards Code, which includes relevant identity and purity specifications for processing aids. The Authority’s consideration of the application included a round of public consultation, and the instrument is exempt from disallowance and sunsetting provisions as it facilitates the operation of an intergovernmental scheme and aligns with international obligations. The approved variation allows for the specified use of the enzyme provided it adheres to Good Manufacturing Practice.

Key Provisions

The main operative sections of the Food Standards (Application A1229 – Carboxypeptidase from GM Aspergillus oryzae as a processing aid) Variation under the Food Standards Australia New Zealand Act 1991 (FSANZ Act) pertain to the amendment of the Australia New Zealand Food Standards Code (the Code). Specifically, section 92 of the FSANZ Act mandates the publication of a notice regarding the draft variation, while section 94 confirms the variation as a legislative instrument. The variation itself, outlined in the Schedule, amends the table to subsection S18—9(3) of the Code, permitting the use of carboxypeptidase from a genetically modified (GM) strain of Aspergillus oryzae as a processing aid, subject to certain conditions. The Act imposes several obligations on the parties involved. Firstly, Food Standards Australia New Zealand (the Authority) is responsible for considering and approving applications for variations to the Code, such as Application A1229. This process includes a round of public consultation and adherence to the procedures outlined in Division 1 of Part 3 of the FSANZ Act. The Authority must also ensure that the variation aligns with Good Manufacturing Practice (GMP) and complies with relevant identity and purity specifications, as referenced in Schedule 3 of the Code. Additionally, the Authority must publish a notice about the draft variation, ensuring transparency and public awareness. The approved draft variation introduces no new offences but adheres to existing legal frameworks. The FSANZ Act exempts this legislative instrument from disallowance or sunsetting provisions under the Legislation Act 2003. It facilitates the establishment or operation of an intergovernmental scheme, giving effect to both the Food Regulation Agreement and Australia’s international obligations under an agreement with New Zealand. Non-compliance with the Code's standards, including the use of the carboxypeptidase enzyme outside the specified conditions, may result in regulatory action by food law enforcers in the relevant jurisdictions. While the specific penalties for non-compliance are not detailed in the explanatory statement, they would typically include fines, product recalls, or other enforcement actions as prescribed by the applicable food laws. Consultation with the public is a crucial component of the process, with submissions invited for a six-week period. This ensures that stakeholders have an opportunity to provide input on the proposed variation. The Authority is also exempt from preparing a Regulatory Impact Statement for this type of application, as it is considered deregulatory and pertains to the voluntary use of safe food additives. Furthermore, the instrument is exempt from the requirement for a statement of compatibility with human rights, given its status as a non-disallowable instrument under the Legislation Act 2003. This legislative instrument will be published on the Federal Register of Legislation, ensuring public access and transparency.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.