Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025

Administered by Department of Health, Disability and Ageing

Legislation au F2026L00012 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Food Standards Australia New Zealand Act 1991

 

Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025

 

Purpose and operation

 

The purpose of this instrument is to declare that that cell biomasses and cell lines are considered food under Commonwealth law. This is to facilitate effective management of risks associated with sourcing, production, and consumption of cell-cultured food. This ensures safety and suitability of cell-cultured food, and provides legislative certainty for industry, regulators, and consumers.

 

Commonwealth, New Zealand, and Australian State and Territory legislation sets out the requirements for food sold in Australia and New Zealand. Food Standards Australia New Zealand (FSANZ) develop food standards which are incorporated into and become part of Commonwealth, State and Territory and New Zealand food laws.

 

Recently, new food standards were introduced into the Australia New Zealand Food Standards Code (Food Standard 3.4.1 of the Australia New Zealand Food Standards Code) that specify the conditions under which cell-cultured foods—including those used as ingredients—may be sold. These standards also outline requirements for the safety, use, and labelling of such foods.

 

To support consistent enforcement across Australia, this legislative instrument—Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025—formally declares cell lines and cell biomasses (as defined in Food Standard 3.4.1 of the Australia New Zealand Food Standards Code on the day the instrument commences) to be food for the purposes of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). Other State and Territory legislation will then incorporate by reference this declaration into their food laws.

 

Section 5 of the FSANZ Act defines the term "food." Additionally, section 6 allows the Minister to declare substances or things as food for the purposes of the FSANZ Act. State and Territory food laws recognise such declarations under section 6 as binding for the purposes of their respective food laws.

 

Authority

 

Subsection 6(1) of the FSANZ Act provides that after consulting FSANZ (referred to in the FSANZ Act as the Authority), the Minister may, by legislative instrument, declare that a substance or thing is food for the purposes of the FSANZ Act.

 

Subsection 6(2) of the FSANZ Act provides that the Minister must also ensure that a copy of the declaration is published in the New Zealand Gazette.

 

Subsection 6(3) of the FSANZ Act provides that a declaration under subsection 6(1) takes effect on the day specified in the declaration. That day must not be a day before the declaration is published.

Incorporation by reference

 

This instrument uses certain defined terms from the Australia New Zealand Food Standards Code – Standard 3.4.1 – Food safety requirements for processing of cell-cultured food (Food Standard 3.4.1). These terms are adopted as they appear in the version of Food Standard 3.4.1 that is in force on the date this instrument commences. Food Standard 3.4.1 can be accessed on the Federal Register of Legislation website (www.legislation.gov.au). 

 

Commencement

 

This instrument commences on the day after the later of the registration on the Federal Register of Legislation or the day a copy of the instrument is published in the New Zealand Gazette (available here: https://gazette.govt.nz/).

 

Consultation

 

The Department of Health, Ageing and Disability undertook consultation with FSANZ, jurisdictional officers from Australian states and territories and the New Zealand Government in the development of the instrument to ensure that the instrument would address the issues raised regarding enforcement during the development of the Food Standard. 

 

As required in subsection 6(1) of the FSANZ Act, the Minister also consulted FSANZ before making the instrument.

 

General

 

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

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):

  1.    facilitates the establishment or operation of an intergovernmental scheme involving the Commonwealth and one or more States; and
  2.    authorises the instrument to be made for the purposes of the scheme.

 

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.

 

Details of this instrument are set out in Attachment A.

 

ATTACHMENT A

 

Details of the Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025

 

Section 1 – Name

 

Section 1 provides that the name of the instrument is the Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025.

 

Section 2 – Commencement

 

Section 2 provides that the instrument takes effect on the day after the later of the following:

 

  • the day the instrument is registered on the Federal Register of Legislation;

 

  • the day a copy of the instrument is published in the New Zealand Gazette.

 

Section 3 – Authority

 

Section 3 provides that the instrument is made under subsection 6(1) of the Food Standards Australia New Zealand Act 1991.  

 

Section 4 – Definitions

 

This section provides the definitions of terms used in the declaration.

 

It provides as follows:

 

  • The term ‘Act’ means the Food Standards Australia New Zealand Act 1991.
  • A reference in the instrument to ‘Standard 3.4.1’ is to the Australia New Zealand Food Standards Code – Standard 3.4.1 – Food safety requirements for processing of cell-cultured food as in force on the day this instrument commences.
  • A reference in the instrument to a ‘cell biomass’ has the same meaning as in Standard 3.4.1. Standard 3.4.1 defines a ‘cell biomass’ to mean a mass of cells extracted from a bioreactor and that is intended for use in the production of a food.
  • A reference in the instrument to a ‘cell line’ has the same meaning as in Standard 3.4.1. Standard 3.4.1 defines a ‘cell line’ to mean a collection of cells that: (a) are derived from a single source that was prepared under specific culture conditions; and (b) have a uniform composition; and (c) are intended for use in the production of a cell biomass.

 

Section 5 – Declaration of cell lines as a food

 

Section 5 provides that cell lines (as defined in Food Standard 3.4.1) are declared a food.

 

Section 6 – Declaration of cell biomass as a food

 

Section 6 declares a cell biomass (as defined in the Australia New Zealand Food Standards Code) as food.

Overview

The Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025 is a legislative instrument designed to address the need for clear regulation of cell-cultured foods within the Australian and New Zealand food safety framework. Enacted under the authority of the Food Standards Australia New Zealand Act 1991, this instrument aims to provide legislative certainty and facilitate effective management of risks associated with the sourcing, production, and consumption of such novel foods. The purpose is to ensure the safety and suitability of cell-cultured foods, aligning with recent food standards introduced into the Australia New Zealand Food Standards Code. The instrument declares cell biomasses and cell lines as food under Commonwealth law, enabling consistent enforcement across jurisdictions. The policy objective is to support the regulatory framework governing food safety and to ensure that new food technologies are managed effectively within existing legislative structures.

Scope and Application

The Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025 is a legislative instrument that formally declares cell lines and cell biomasses as food under the Food Standards Australia New Zealand Act 1991, thereby ensuring their regulation as part of the Commonwealth, State, and Territory food laws. This declaration applies to entities involved in the sourcing, production, and sale of cell-cultured food within Australia and New Zealand, ensuring these products meet the specified safety and labelling requirements as outlined in Food Standard 3.4.1 of the Australia New Zealand Food Standards Code. The instrument does not set specific exclusions or thresholds but rather aligns with the broader food safety and labelling standards provided in the Food Standards Code. The declaration is made under the authority granted by section 6(1) of the FSANZ Act and is effective from the day after the later of its registration on the Federal Register of Legislation or its publication in the New Zealand Gazette. The instrument is designed to facilitate consistent enforcement and compliance across the jurisdictions involved.

Key Provisions

The main operative sections of the Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025 ((sections 5 and 6)) declare cell lines and cell biomasses as food under Commonwealth law. This declaration is made to ensure effective management of the risks associated with sourcing, production, and consumption of cell-cultured food, ensuring safety and suitability for consumers, and providing legislative certainty for industry and regulators. The declaration aligns with newly introduced food standards in the Australia New Zealand Food Standards Code (Food Standard 3.4.1), which specify the conditions for selling cell-cultured foods, including those used as ingredients, and outline requirements for their safety, use, and labelling. By incorporating these standards into the Food Standards Australia New Zealand Act 1991, the declaration ensures that State and Territory legislation will recognize these standards as binding under their respective food laws. The obligations imposed by this declaration include ensuring that cell lines and cell biomasses meet the food safety requirements specified in Food Standard 3.4.1 of the Australia New Zealand Food Standards Code. This involves adhering to the defined conditions for the production and sale of cell-cultured foods, as well as meeting all requirements for safety, use, and labelling. The declaration also mandates that relevant parties, such as producers, suppliers, and regulators, must recognize and enforce these standards to maintain the safety and suitability of cell-cultured foods for consumption. Additionally, the declaration requires consistent enforcement of these standards across Australia and New Zealand to ensure a unified approach to food safety. The Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025 does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions. However, breaches of the food safety requirements outlined in Food Standard 3.4.1 could potentially lead to enforcement actions under relevant State and Territory food laws, which may include fines, product recalls, or other regulatory actions. The exact penalties and consequences would depend on the nature and severity of the breach, as well as the applicable provisions of the relevant State or Territory legislation. While the declaration itself does not specify maximum penalties, it emphasizes the importance of compliance with the declared food safety standards to protect public health and ensure the safety of cell-cultured foods.

Legal classification tags

Area of Law
Food Law
Instrument
Declaration
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers
Catchwords
cell lines
cell biomasses
Food Standards Australia New Zealand Act 1991

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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.