Food Standards (Application A1266 – Endo-1,4-beta-xylanase from GM Trichoderma reesei (gene donor: Fusarium verticillioides) as a processing aid) Variation

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Legislation au F2023L01554 Not in force Legislative Instrument

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EXPLANATORY STATEMENT 

 

Food Standards Australia New Zealand Act 1991 

 

Food Standards (Application A1266 – Endo-1,4-beta-xylanase from GM Trichoderma reesei (gene donor: Fusarium verticillioides) 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 A1266 which sought to amend the Code to permit the use of a protein-engineered endo-1,4-beta-xylanase enzyme (EC 3.2.1.8) from a genetically modified strain of Trichoderma reesei as a processing aid in starch processing and the production of potable alcohol. The Authority considered the application in accordance with Division 1 of Part 3 and has approved a draft variation – Food Standards (Application A1266 – Endo-1,4-beta-xylanase from GM Trichoderma reesei (gene donor: Fusarium verticillioides) 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 is 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 a protein-engineered endo-1,4-beta-xylanase enzyme (EC 3.2.1.8) from a genetically modified strain of Trichoderma reesei as a processing aid in starch processing and the production of potable alcohol. This permission is subject to the condition that the maximum permitted level or amount of this enzyme that may be present in the food 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 A1266 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 24 May 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 concerned 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

Clause 1 provides that the name of the variation is the Food Standards (Application A1266 – Endo-1,4-beta-xylanase from GM Trichoderma reesei (gene donor: Fusarium verticillioides) as a processing aid) Variation.

Clause 2 provides that the Code is amended by the Schedule to the variation.

Clause 3 provides that the variation will commence on the date of gazettal of the instrument.

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

‘Endo-1,4-β-xylanase, protein engineered variant, (EC 3.2.1.8) sourced from Trichoderma reesei containing the endo-1,4-β-xylanase gene from Fusarium verticillioides

The International Union of Biochemistry and Molecular Biology uses the accepted name ‘endo-1,4-β-xylanase’. This is the name used in the variation. However, the word ‘beta’ has been used instead of its symbol in the name of the variation and in this Explanatory Statement.

The permitted technological purpose for this enzyme is prescribed in column 2 of the table i.e. for use as a processing aid in starch processing and the manufacture of potable alcohol.

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 variation is to permit the proposed use of the enzyme, endo-1,4-beta-xylanase (EC 3.2.1.8) sourced from a genetically modified strain of Trichoderma reesei containing a protein-engineered variant of the endo-1,4-beta-xylanase gene from Fusarium verticillioides, 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 was enacted to facilitate the establishment and operation of a national uniform food regulatory system between Australia and New Zealand. This Act addresses the need for harmonised food standards across both countries, ensuring that food safety and quality are consistently maintained. The Food Standards Australia New Zealand Act empowers the Authority to develop and manage food standards, which are subject to endorsement by the Food Ministers’ Meeting. The policy objective is to streamline food regulation, thereby enhancing consumer protection and facilitating trade in food products between the two countries. Under this Act, the Authority accepted Application A1266, which sought to amend the Australia New Zealand Food Standards Code to permit the use of a genetically modified endo-1,4-beta-xylanase enzyme as a processing aid in specific food production processes. This legislative instrument, exempt from disallowance and sunsetting provisions, aims to introduce safe and regulated use of this enzyme while adhering to Good Manufacturing Practice standards.

Scope and Application

The Food Standards (Application A1266 – Endo-1,4-beta-xylanase from GM Trichoderma reesei (gene donor: Fusarium verticillioides) as a processing aid) Variation, pursuant to the Food Standards Australia New Zealand Act 1991, pertains specifically to the modification of the Australia New Zealand Food Standards Code to allow the use of a genetically engineered endo-1,4-beta-xylanase enzyme derived from a genetically modified Trichoderma reesei strain as a processing aid in the processing of starch and the production of potable alcohol. This variation is applicable to food businesses and manufacturers within the food industry who use or intend to use the specified enzyme in their processes. It applies to all jurisdictions within Australia and New Zealand, as the Food Standards Australia New Zealand Act facilitates a national uniform food regulation scheme. The variation does not incorporate any documents by reference but relies on existing provisions within the Food Standards Code that incorporate relevant specifications by reference. The approved use of the enzyme is conditional upon compliance with Good Manufacturing Practice standards, ensuring safety and quality in food production. The legislative instrument is not subject to disallowance or sunsetting provisions as it serves an intergovernmental scheme and international obligations.

Key Provisions

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) (s 13) empowers Food Standards Australia New Zealand (the Authority) to develop and vary standards for the Australia New Zealand Food Standards Code (the Code), including the acceptance of applications for such purposes (ss 45, 45A). Application A1266 sought to amend the Code to allow the use of a protein-engineered endo-1,4-beta-xylanase enzyme from genetically modified Trichoderma reesei, with a gene donor of Fusarium verticillioides, as a processing aid in starch processing and the production of potable alcohol. The Authority has approved a draft variation to permit this, subject to conditions (s 92). Under the FSANZ Act, the Authority must publish a notice about the draft variation (s 92). This approved draft variation is a legislative instrument for the purposes of the Legislation Act 2003 (s 94) and is exempt from disallowance and sunsetting provisions, as it facilitates an intergovernmental scheme and gives effect to international obligations (Legislation Act 2003, ss 44, 54; Legislation (Exemptions and other Matters) Regulation 2015, reg 11). The Authority must also ensure that the enzyme's maximum permitted level or amount in food is consistent with Good Manufacturing Practice (GMP) (s 18-9(3), Schedule 18 of the Code). The approved draft variation does not incorporate documents by reference, but existing Code provisions incorporate documents by reference that will prescribe identity and purity specifications for the processing aid (Code, s 1.1.1-15, Sch 3). These include general specifications for the identity and purity of enzyme preparations used in food processing (Code, s S3-2, Sch 3). The Authority considered Application A1266 in accordance with the FSANZ Act (Div 1, Pt 3) and conducted one round of public consultation for six weeks, commencing on 24 May 2023. The Office of Impact Analysis 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 exemption was provided as permitting new processing aids and GM foods is deregulatory, as their use will be voluntary if the application is approved. There is no requirement for a statement of compatibility with human rights for this instrument as it is a non-disallowable instrument under the Legislation Act 2003 (s 44). The Food Standards (Application A1266 – Endo-1,4-beta-xylanase from GM Trichoderma reesei (gene donor: Fusarium verticillioides) as a processing aid) Variation will come into effect on the date of its gazettal. The Schedule to the variation inserts a new entry into column 1 of the table to subsection S18-9(3) of the Code, permitting the use of the specified enzyme as a processing aid in starch processing and the manufacture of potable alcohol, subject to the condition that the maximum permitted level or amount of the enzyme that may be present in the food must be consistent with GMP.

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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.