Food Standards (Application A1323 – Food derived from insect-protected soybean line COR23134) Variation

Administered by Department of Health, Disability and Ageing

Legislation au F2025L00938 Not in force Legislative Instrument

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EXPLANATORY STATEMENT 

 

Food Standards Australia New Zealand Act 1991 

 

Food Standards (Application A1323 – Food derived from insect-protected soybean line COR23134) 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 A1323 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) – soybean line COR23134. Soybean line COR23134 has been genetically modified for protection from lepidopteran insect pests. The Authority considered the Application in accordance with Division 1 of Part 3 and approved a draft variation - the Food Standards (Application A1323 – Food derived from insect-protected soybean line COR23134) Variation (the approved draft 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 approved 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 soybean line COR23134, in accordance with the Code. Soybean line COR23134 has been genetically modified for protection from lepidopteran insect pests.

 

4. Documents incorporated by reference

 

The 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 A1323 included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 4 March 2025 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.foodstandards.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 these 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 the use of the GM food will be voluntary if the draft variation related 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

 

References to ‘the variation’ in this section are references to ‘the approved draft variation’.

Clause 1 of the variation provides that the name of the variation is the Food Standards (Application A1323 – Food derived from insect-protected soybean line COR23134) 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, new paragraph ‘(u)’ into the column headed ‘Food derived from:’ for item 7 of the table to subsection S26—3(4) of the Code. Item 7 of this table is headed ‘Soybean’.

The new paragraph (u) refers to ‘insect-protected soybean line COR23134’.

The effect of the variation is to permit the sale and use of food derived from soybean line COR23134 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 was enacted to provide a framework for the establishment of a national food regulatory system, facilitating uniform food regulation across Australia and New Zealand. This Act was introduced to address the need for consistent and scientifically based food standards that ensure food safety and quality while accommodating advancements in food technology, such as genetically modified organisms (GMOs). The Authority under this Act, Food Standards Australia New Zealand (FSANZ), has the function of developing food standards and variations to standards for inclusion in the Australia New Zealand Food Standards Code. In accordance with the policy objectives of the Act, the Authority considers applications for variations to the Food Standards Code, ensuring that any new food products, including those derived from genetically modified organisms, are safe for consumption and appropriately labelled. Following the public consultation process as outlined in the Act, FSANZ approved a draft variation to permit the sale and use of food derived from a genetically modified soybean line designed to resist insect pests. This legislative instrument, the Food Standards (Application A1323 – Food derived from insect-protected soybean line COR23134) Variation, is exempt from disallowance and sunsetting provisions, reflecting the Act’s intent to facilitate an intergovernmental scheme and international obligations. This legislative instrument does not incorporate any documents by reference and is exempt from the requirement for a statement of compatibility with human rights. The variation amends the Australia New Zealand Food Standards Code to allow for the sale and use of food derived from the specified genetically modified soybean line.

Scope and Application

The Food Standards Australia New Zealand Act 1991 establishes Food Standards Australia New Zealand (FSANZ) with the responsibility for developing food standards and variations in the Australia New Zealand Food Standards Code. The Act applies to FSANZ and the Code, which includes food businesses and consumers in the Commonwealth, states, territories, and New Zealand. The Food Standards (Application A1323 – Food derived from insect-protected soybean line COR23134) Variation, approved by the Authority, permits the sale and use of food derived from genetically modified soybean line COR23134, which has been modified to resist lepidopteran insect pests. The variation is a legislative instrument exempt from disallowance and sunsetting provisions of the Legislation Act 2003 because it facilitates an intergovernmental scheme and gives effect to an international obligation. Public consultation was undertaken in accordance with the FSANZ Act, and the Authority determined that a regulatory impact statement was not required for the application. The approved draft variation amends the Code to include the new soybean line, and it will commence on the date of its gazettal.

Key Provisions

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) authorises Food Standards Australia New Zealand (the Authority) to develop and vary food standards under section 13. This includes the approval of applications that seek to amend the Australia New Zealand Food Standards Code (the Code). Application A1323 sought to amend the Code to allow the sale and use of food derived from a genetically modified (GM) soybean line COR23134, which has been modified for protection against lepidopteran insect pests. The Authority assessed this application and approved a draft variation (the approved draft variation). This variation will permit the sale and use of food derived from this specific GM soybean line, aligning with the requirements set out in the Code. The approved draft variation, once gazetted and registered, will require all relevant parties and entities to comply with the new standards. This includes food manufacturers, processors, and retailers who will need to ensure that any food derived from soybean line COR23134 adheres to the specifications outlined in the Code. The Authority will oversee the implementation of these standards, and compliance will be necessary for all food products entering the market. Breaching the new food standards set out in the approved draft variation could result in legal consequences. Offences under the FSANZ Act can lead to significant penalties, including fines and potential imprisonment. The severity of the penalties depends on the nature and extent of the breach. For instance, knowingly selling food that does not comply with the new standards could result in substantial fines and/or imprisonment for individuals involved in the violation. Additionally, entities found in breach may face civil penalties, including compensation claims from affected parties. It is crucial for all stakeholders to be aware of and adhere to the new standards to avoid these repercussions.

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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.