Food Standards (Application A1302 – Food derived from insect-protected corn line MZIR260) Variation

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Legislation au F2025L00612 Not in force Legislative Instrument

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EXPLANATORY STATEMENT 

 

Food Standards Australia New Zealand Act 1991 

 

Food Standards (Application A1302 – Food derived from insect-protected corn line MZIR260) 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 A1302 which sought to amend the Code to permit the sale and use of food derived from a new food produced using gene technology (GM food) – corn line MZIR260. Corn line MZIR260 has been genetically modified for protection against lepidopteran insect pests. The Authority considered the application in accordance with Division 1 of Part 3 and has approved a draft variation - the Food Standards (Application A1302 – Food derived from insect-protected corn line MZIR260) 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 draft variation.

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 S26—3(4) in Schedule 26 of the Code to permit the sale and use of food derived from corn line MZIR260, in accordance with the Code. Corn line MZIR260 has been genetically modified for protection against lepidopteran insect pests.

4. Documents incorporated by reference

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

5. Consultation

In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1302 included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 22 October 2024 for a six-week consultation period. Further details of the consultation process, the issues raised during consultation and by whom, and the Authority’s response to these issues are available in an approval report published on the Authority’s website at www.foodtandards.gov.au.

Changes have been made to the Impact Analysis requirements by the Office of Impact Analysis (OIA).[1] Impact analysis is no longer required to be finalised with the OIA. Prior to those changes, the OIA advised FSANZ that a Regulatory Impact Statement (RIS) was not required for applications relating to GM foods (updated OIA reference: OIA23-06225). This is because applications relating to permitting the use of GM foods that have been determined to be safe are considered to be minor and deregulatory in nature, as their use will be voluntary if the draft variation relating to the application is approved. Under the new approach, FSANZ’s assessment is that a regulatory impact statement is not required for this application.

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 of the variation provides that the name of the variation is the Food Standards (Application A1302 – Food derived from insect-protected corn line MZIR260) Variation.

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

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

Item [1] of the Schedule to the variation amends Schedule 26 of the Code by inserting, in alphabetical order, a new paragraph ‘(zl)’ into the column headed ‘Food derived from:’ for item 2 of the table to subsection S26—3(4) of the Code. Item 2 of this table is headed ‘Corn’.

The new paragraph (zl) refers to ‘insect-protected corn line MZIR260’.

The effect of the variation is to permit the sale and use of food derived from corn line MZIR260 in accordance with the Code.

 

[1] https://oia.pmc.gov.au/resources/guidance-impact-analysis/regulatory-impact-analysis-guide-ministers-meetings-and-national

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a framework for the development and maintenance of food standards that ensure food safety and public health across Australia and New Zealand. The Act established Food Standards Australia New Zealand (FSANZ) as the bi-national body responsible for developing food standards, which are then considered and endorsed by the Food Ministers' Meeting (FMM). The Act addresses the need for consistent and nationally-uniform food standards to facilitate trade and protect consumers in both countries. The FSANZ Act was enacted by the Commonwealth Parliament and its primary policy objective is to ensure the safety and quality of the food supply through the establishment of evidence-based food standards. In response to Application A1302, the FSANZ Act was used to amend the Australia New Zealand Food Standards Code to permit the sale and use of food derived from a genetically modified corn line MZIR260, which has been modified to provide protection against lepidopteran insect pests. This amendment was considered and approved by FSANZ in accordance with the procedures outlined in the FSANZ Act. Following consideration by the FMM, the approved draft variation will permit the sale and use of food derived from this GM corn in accordance with the Code. This amendment aims to provide flexibility in the use of GM foods while maintaining rigorous safety assessments.

Scope and Application

The Food Standards (Application A1302 – Food derived from insect-protected corn line MZIR260) Variation, established under the Food Standards Australia New Zealand Act 1991, applies to the regulation of food standards in Australia and New Zealand. This legislation concerns the sale and use of food derived from genetically modified corn line MZIR260, which has been modified to offer protection against lepidopteran insect pests. This variation is applicable to all entities involved in the production, sale, and use of food products derived from this genetically modified corn line, ensuring compliance with the Australia New Zealand Food Standards Code. The geographic scope of this Act is national, extending across all states, territories, and both Australia and New Zealand as part of the intergovernmental scheme established under the Food Regulation Agreement and the international agreement between Australia and New Zealand. The variation is exempt from disallowance or sunsetting provisions as it facilitates the establishment and operation of an intergovernmental scheme and gives effect to international obligations. This legislative instrument does not incorporate any documents by reference and is exempt from the requirements for a statement of compatibility with human rights due to its status as a non-disallowable instrument under the Legislation Act 2003.

Key Provisions

The main operative sections of this variation are found in Clause 2, which specifies the amendment to the Australia New Zealand Food Standards Code (the Code). Specifically, Clause 2 mandates that the Code be amended by inserting a new paragraph, labelled as 'zl', into the table of Schedule 26, subsection S26—3(4). This insertion permits the sale and use of food derived from the genetically modified corn line MZIR260, which has been modified to protect against lepidopteran insect pests. Clause 3 stipulates that the variation will commence on the date of gazettal of the instrument, ensuring that the new provisions come into effect as soon as the variation is officially registered. The obligations imposed by this Act primarily concern Food Standards Australia New Zealand (the Authority). Under the Food Standards Australia New Zealand Act 1991, the Authority is responsible for accepting applications for the development or variation of food regulatory measures. In this case, the Authority has accepted and considered Application A1302, which sought to amend the Code to allow the sale and use of food derived from corn line MZIR260. Following the necessary assessments and consultations, the Authority has approved the draft variation and is now required to publish a notice about the draft variation, as mandated by section 92 of the FSANZ Act. The Authority must also ensure that the variation is registered and incorporated into the Code, thereby making it part of the national uniform food regulation scheme. The legislation does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach in this context. However, it is important to note that any failure to comply with the amended Code, once the variation is incorporated, could potentially result in enforcement actions by the relevant food regulators in the Commonwealth, State, and Territory jurisdictions, as well as New Zealand. These actions could include fines, product recalls, or other regulatory sanctions to ensure compliance with the food standards. The exact nature and severity of these consequences would depend on the specific regulatory frameworks of the enforcing jurisdictions.

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Area of Law
Food Law
Environmental Law
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Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
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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.