Federal Register of Legislation - Australian Government

Primary content

Standard 1.5.2 Food Standards as amended, taking into account amendments up to Food Standards (Application A1089 – Food derived from Herbicide-tolerant Canola Line DP-073496-4) Variation
This standard addresses health and safety requirements, regulating the sale of food produced using gene technology, other than additives and processing aids.
Administered by: Health
Registered 16 May 2014
Start Date 15 May 2014
End Date 29 Oct 2014
Date of repeal 01 Mar 2016
Repealed by Australia New Zealand Food Standards Code - Standard 5.1.1 - Revocation and Transitional Provisions - 2014 revision

Standard 1.5.2

 

Food Produced Using Gene Technology

 

 

Simplified outline of this Standard

 

Division 1 of this Standard sets out the permission and conditions for the sale and use of foods produced using gene technology.

 

Division 2 of this Standard specifies the labelling and other information requirements for foods produced using gene technology.

 

Table of Provisions

 

Division 1 – Sale and use of food produced using gene technology

1             Interpretation

2             General prohibition on the sale and use of food produced using gene technology

3             Deleted

 

Division 2 – Labelling etc of food produced using gene technology

4             Interpretation and Application

5             Labelling of genetically modified food

6             Labelling of food which is not genetically modified

7             Additional labelling/information requirements

 

Schedule               Permitted Foods produced using Gene Technology

 

Clauses

 

Division 1 – Sale and use of food produced using gene technology

 

1             Interpretation

 

(1)           For the purposes of this Standard –

 

a food produced using gene technology means a food which has been derived or developed from an organism which has been modified by gene technology.

 

Editorial note:

 

This definition does not include a food derived from an animal or other organism which has been fed food produced using gene technology, unless the animal or organism itself is a product of gene technology.

 

conventional breeding means all methods used to produce plants, excluding techniques that use gene technology.

 

gene technology means recombinant DNA techniques that alter the heritable genetic material of living cells or organisms.

 

line means –

 

(a)           a plant, the genetic material of which includes a transformation event or events; or

(b)          any plant, descended from the plant referred to in paragraph (a), that is the result of conventional breeding of that plant with –

 


 

(i)            any other plant that does not contain a transformation event or events; or

(ii)           any other plant that contains a transformation event or events, whether expressed as a line or event, that is listed in Column 3 of the Schedule;

 

but shall not be taken to mean any plant derived solely as a result of conventional breeding.

 

transformation event means a unique genetic modification arising from the use of gene technology.

 

(2)           To avoid doubt, columns 1 and 2 of the Schedule contain additional information that is not part of this Code. Information in these columns may be added to or edited in any published version of this Code.

 

2             General prohibition on the sale and use of food produced using gene technology

 

A food produced using gene technology, other than a substance regulated as a food additive or processing aid, must not be sold or used as an ingredient or component of any food unless it is listed in Column 3 of the Schedule and complies with any corresponding conditions in Column 4.

 

3             Deleted

 

Division 2 – Labelling etc of food produced using gene technology

 

4             Interpretation and Application

 

(1)           For the purposes of this Division –

 

genetically modified food means food that is, or contains as an ingredient, including a processing aid, a food produced using gene technology which –

 

(a)           contains novel DNA and/or novel protein; or

(b)          has altered characteristics;

 

but does not include –

 

(c)           highly refined food, other than that with altered characteristics, where the effect of the refining process is to remove novel DNA and/or novel protein;

(d)          a processing aid or food additive, except where novel DNA and/or novel protein from the processing aid or food additive remains present in the food to which it has been added;

(e)           flavours present in the food in a concentration no more than 1g/kg; or

(f)           a food, ingredient, or processing aid in which genetically modified food is unintentionally present in a quantity of no more than 10g/kg per ingredient.

 

altered characteristics means any of the matters specified in paragraphs 7(a), (b), (c) or (d) of this Standard.

 

novel DNA and/or novel protein means DNA or a protein which, as a result of the use of gene technology, is different in chemical sequence or structure from DNA or protein present in counterpart food which has not been produced using gene technology.

 

(2)           Any statement required by clause 5 may be contained in the statement of ingredients where the genetically modified food is an ingredient or processing aid.

 

(3)           Where genetically modified food is displayed for retail sale other than in a package, any information that would have been required under clause 5 of this Standard on the label on the food if it was packaged, must be displayed on or in connection with the display of the food.

 

(4)           This Division does not apply to food intended for immediate consumption which is prepared and sold from food premises and vending vehicles, including restaurants, take away outlets, caterers, or self-catering institutions.

 

(5)           Deleted

 

(6)           Deleted

 

5             Labelling of genetically modified food

 

The label on a package of genetically modified food must include the statement ‘genetically modified’ in conjunction with the name of that food or ingredient or processing aid.

 

Editorial note:

 

An example for single ingredient genetically modified foods:

 

Soy Flour

Genetically Modified

 

Soy Flour

From genetically modified soya beans

 

An example for genetically modified food ingredients:

 

Ingredients: Soy Protein Isolate (genetically modified); Maltodextrin; Vegetable Oil; Food Acid (332); Emulsifier (471); Vegetable Gum (407); Water Added.

 

6             Labelling of food which is not genetically modified

 

The label on a package of food which is not defined as ‘genetically modified food’ in clause 4 of this Standard is not required to include any statement about the genetic status of the food.

 

7             Additional labelling/information requirements

 

Notwithstanding the provisions of this Division, Column 4 of the Schedule may specify labelling or other information requirements in relation to food produced using gene technology listed in Column 3 of the Schedule where –

 

(a)          the genetic modification has resulted in one or more significant composition or nutritional parameters having values outside the normal range of values for existing counterpart food not produced using gene technology;

(b)          the level of anti-nutritional factors or natural toxicants are significantly different in comparison to the existing counterpart food not produced using gene technology;

(c)          the food produced using gene technology contains a new factor known to cause an allergic response in particular sections of the population;

(d)          the intended use of the food produced using gene technology is different to the existing counterpart food not produced using gene technology; or

(e)          the genetic modification raises significant ethical, cultural and religious concerns regarding the origin of the genetic material used in the genetic modification.

 


SCHEDULE

 

Permitted Foods produced using Gene Technology

 

Column 1

Column 2

Column 3

Column 4

Commodity

Item

Food produced using gene technology

Special conditions

Canola

1.1

Food derived from herbicide-tolerant canola line GT73

 

 

1.2

Food derived from herbicide-tolerant canola lines Topas 19/2 and T45 and herbicide-tolerant and pollination-controlled lines Ms1, Ms8, Rf1, Rf2, Rf3

 

 

1.3

Food derived from herbicide-tolerant canola line Westar-Oxy-235

 

 

1.4

Food derived from herbicide-tolerant canola line MON88302

 

 

1.5

Food derived from herbicide-tolerant canola line DP-073496-4

 

 

Corn

2.1

Food derived from herbicide-tolerant corn line GA21

 

 

2.2

Food derived from insect-protected corn line MON810

 

 

2.3

Food derived from herbicide-tolerant and insect-protected corn line Bt11

 

 

2.4

Food derived from insect-protected corn line Bt176

 

 

2.5

Food derived from herbicide-tolerant corn line T25

 

 

2.6

Food derived from herbicide-tolerant corn line NK603

 

 

2.7

Food derived from herbicide tolerant and insect-protected corn line DBT418

 

 

2.8

Food derived from herbicide-tolerant and insect-protected corn line 1507

 

 

2.9

Food derived from insect-protected corn line MON863

 

 

2.10

Food derived from herbicide-tolerant and insect-protected corn line DAS-59122-7

 

 

2.11

Food derived from herbicide-tolerant and insect-protected corn line MON88017

 

 

2.12

Food derived from insect-protected corn line MIR604

 

 

2.13

Food derived from high lysine corn line LY038

 

Unless the protein content has been removed as part of a refining process, the label on or attached to a package of a food derived from high lysine corn line LY038 must include a statement to the effect that the food has been genetically modified to contain increased levels of lysine.

 

2.14

Food derived from amylase modified corn line 3272

 

 

2.15

Food derived from insect-protected corn line MON89034

 

 

2.16

Food derived from insect-protected corn line MIR162

 

 

2.17

Food derived from herbicide-tolerant corn line DP-098140-6

 

 

2.18

Food derived from drought-tolerant corn line MON87460

 

 

2.19

Food derived from herbicide-tolerant corn line DAS-40278-9

 

 

 

2.20

Food derived from insect-protected corn line 5307

 

 

2.21

Food derived from herbicide-tolerant corn line MON87427

 

 

Cotton

3.1

Food derived from insect-protected cotton lines 531, 757 and 1076

 

 

3.2

Food derived from herbicide-tolerant cotton line 1445

 

 

3.3

Food derived from herbicide-tolerant cotton lines 10211 and 10222

 

 

3.4

Food derived from insect-protected cotton line 15985

 

 

3.5

Food derived from insect-protected cotton line COT102

 

 

3.6

Food derived from herbicide-tolerant and insect-protected cotton line MXB-13

 

 

3.7

Food derived from herbicide-tolerant cotton line LL25

 

 

3.8

Food derived from herbicide-tolerant cotton line MON88913

 

 

3.9

Food derived from herbicide-tolerant cotton line GHB614

 

 

3.10

Food derived from insect-protected cotton line COT67B

 

 

3.11

Food derived from herbicide-tolerant and insect-protected cotton line T304-40

 

 

3.12

Food derived from herbicide-tolerant and insect-protected cotton line GHB119

 

 

3.13

Food derived from herbicide-tolerant cotton line MON88701

 

 

Lucerne

4.1

Food derived from herbicide-tolerant lucerne lines J101 & J163

 

 

4.2

Food derived from reduced lignin lucerne line KK179

 

 

Potato

5.1

 

Food derived from insect-protected potato lines BT-06, ATBT04-06, ATBT04-31, ATBT04-36, and SPBT02-05

 

 

5.2

Food derived from insect- and virus-protected potato lines RBMT21-129, RBMT21-350 and   RBMT22-82

 

 

5.3

Food derived from insect- and virus-protected potato lines RBMT15-101, SEM15-02 and SEM15-15

 

 

Rice

6.1

Food derived from herbicide-tolerant rice line LLRICE62

 

 

Soybean

7.1

Food derived from herbicide-tolerant soybean line 40-3-2

 

 

7.2

Food derived from herbicide-tolerant soybean lines A2704-12 and A5547-127

 

 

7.3

Food derived from herbicide-tolerant soybean line MON89788

 

 

7.4

Food derived from herbicide-tolerant soybean line DP-356043-5

 

 

7.5

Food derived from high oleic acid soybean line DP-305423-1

 

 

7.6

Food derived from insect-protected soybean line MON87701

 

 

7.7

Food derived from herbicide-tolerant high oleic acid soybean line MON87705

 

 

7.8

Food derived from soybean line MON87769 producing stearidonic acid

 

 

7.9

Food derived from herbicide-tolerant soybean line DAS-68416-4

 

 

7.10

Food derived from herbicide-tolerant soybean line FG72

 

 

7.11

Food derived from herbicide-tolerant soybean line MON87708

 

 

7.12

Food derived from herbicide-tolerant soybean line CV127

 

 

7.13

Food derived from herbicide-tolerant soybean line DAS-44406-6

 

 

7.14

Food derived from herbicide-tolerant soybean line SYHT0H2

 

 

7.15

Food derived from insect-protected soybean line DAS-81419-2

 

 

Sugarbeet

8.1

Food derived from herbicide-tolerant sugarbeet line 77

 

 

8.2

Food derived from herbicide-tolerant sugarbeet line H7-1

 

 

 


 

Amendment History

 

The Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.

 

These amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such.

 

About this compilation

 

This is a compilation of Standard 1.5.2 as in force on 15 May 2014 (up to Amendment No. 148). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 15 May 2014.

 

Uncommenced amendments or provisions ceasing to have effect

 

To assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Standard as shaded boxed text with the relevant commencement or cessation date. These amendments will be reflected in a compilation registered on the Federal Register of Legislative Instruments including or omitting those amendments and provided in the Amendment History once the date is passed.

 

 

The following abbreviations may be used in the table below:

 

ad = added or inserted                                          am = amended

exp = expired or ceased to have effect                  rep = repealed

rs = repealed and substituted

 

Standard 1.5.2 was published in the Commonwealth of Australia Gazette No. P 30 on 20 December 2000 as part of Amendment 53 (F2008B00628 – 2 October 2008) and has been amended as follows:

 

Clause affected

A’ment No.

FRLI registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

Purpose

120

F2011L00062

20 Jan 2011

FSC 62

20 Jan 2011

20 Jan 2011

rs

Purpose replaced with ‘Simplified outline of this Standard’.

Table of Provs

78

F2005L01246

26 May 2005

FSC 19

26 May 2005

26 May 2005

am

Consequential amendment relating to deletion of clause 3.

1

70

F2008B00817

24 Dec 2008

FSC 12

29 April 2004

29 April 2004

ad

Definitions relating to ‘conventional breeding’, ‘line’ and ‘transformation event’.

1

120

F2011L00062

20 Jan 2011

FSC 62

20 Jan 2011

20 Jan 2011

ad, am

To add a new subclause (2) and make a consequential amendment.

1(b)

78

F2005L01246

26 May 2005

FSC 19

26 May 2005

26 May 2005

am

Correct a typographical error in the definition of ‘line’.

1(b)

120

F2011L00062

20 Jan 2011

FSC 62

20 Jan 2011

20 Jan 2011

am

Amend to clarify meaning.

2

120

F2011L00062

20 Jan 2011

FSC 62

20 Jan 2011

20 Jan 2011

rs

Clause

Table to clause 2

55

F2008B00791

9 Dec 2008

P 23

30 Aug 2001

30 Aug 2001

ad

Five GM commodities (potato and corn).

Table to clause 2

59

F2008B00797

10 Dec 2008

FSC 1

9 May 2002

9 May 2002

ad

Four GM commodities (corn, sugar beet, cotton and canola).

Table to clause 2

60

F2008B00798

19 Dec 2008

FSC 2

20 June 2002

20 June 2002

ad

One GM commodity (corn).

Table to clause 2

62

F2008B00798

19 Dec 2008

FSC 4

17 Sept 2002

17 Sept 2002

ad

Two GM commodities (corn and canola).

Table to clause 2

63

F2008B00808

22 Dec 2008

FSC 5

24 Oct 2002

24 Oct 2002

ad

One GM commodity (cotton).

Table to clause 2

67

F2008B00814

24 Dec 2008

FSC 9

31 July 2003

31 July 2003

ad

One GM commodity (corn).

Table to clause 2

69

F2008B00816

24 Dec 2008

FSC 9

17 Dec 2003

17 Dec 2003

ad

One GM commodity (corn).

Table to clause 2

70

F2008B00817

24 Dec 2008

FSC 12

29 April 2004

29 April 2004

ad, am

One GM commodity (soybean) and correct a typographical error.

Table to clause 2

76

F2005L00323

17 Feb 2005

FSC 18

17 Feb 2005

17 Feb 2005

ad

One GM commodity (cotton).

Table to clause 2

77

F2005L00989

28 April 2005

FSC 20

28 April 2005

28 April 2005

ad

One GM commodity (cotton).

Table to clause 2

83

F2005L03673

24 Nov 2005

FSC 25

24 Nov 2005

24 Nov 2005

ad

Two GM commodities (corn and sugar beet).

Table to clause 2

85

F2006L00469

10 Feb 2006

FSC 27

10 Feb 2006

10 Feb 2006

ad

Two GM commodities (cotton).

Table to clause 2

87

F2006L02539

3 Aug 2006

FSC 29

8 Aug 2006

8 Aug 2006

ad

Two GM commodities (corn).

Table to clause 2

91

F2007L00373

15 Feb 2007

FSC 33

15 Feb 2007

15 Feb 2007

ad

One GM commodity (lucerne).

Table to clause 2

92

F2007L02406

2 Aug 2007

FSC 34

2 Aug 2007

2 Aug 2007

ad

One GM commodity (corn).

Table to clause 2

97

F2008L00708

13 March 2008

FSC 39

13 March 2008

13 March 2008

ad

One GM commodity (corn).

Table to clause 2

100

F2008L02396

10 July 2008

FSC 42

10 July 2008

10 July 2008

ad

One GM commodity (soybean).

Table to clause 2

103

F2008L03741

9 Oct 2008

FSC 45

9 Oct 2008

9 Oct 2008

ad

One GM commodity (rice).

Table to clause 2

104

F2008L04541

4 Dec 2008

FSC 46

4 Dec 2008

4 Dec 2008

ad

One GM commodity (corn).

Table to clause 2

106

F2009L00307

12 Feb 2009

FSC 48

12 Feb 2009

12 Feb 2009

ad

One GM commodity (corn).

Table to clause 2

112

F2009L03550

17 Sept 2009

FSC 54

17 Sept 2009

17 Sept 2009

ad

Two GM commodities (cotton).

Table to clause 2

114

F2010L00357

18 Feb 2010

FSC 56

18 Feb 2010

18 Feb 2010

ad

Two GM commodities (soybean).

Table to clause 2

116

F2010L01310

20 May 2010

FSC 58

20 May 2010

20 May 2010

ad, rs

One GM commodity (cotton) and replace ‘oil and linters’ with ‘Food’ where occurring in the Table.

Table to clause 2

117

F2010L01841

29 June 2010

FSC 59

1 July 2010

1 July 2010

ad

One GM commodity (corn).

Table to clause 2

118

F2010L02395

31 Aug 2010

FSC 60

2 Sept 2010

2 Sept 2010

ad

Two GM commodities (corn and soybean).

Table to clause 2

120

F2011L00062

20 Jan 2011

FSC 62

20 Jan 2011

 

20 Jan 2011

rep

Table with approved GM commodities moved to Schedule.

3

78

F2005L01246

26 May 2005

FSC 19

26 May 2005

26 May 2005

rep

Clause.

4

57

F2008B00795

10 Dec 2008

P 27

1 Nov 2001

 

1 Nov 2001

am

Insert subclauses (5) and (6) relating to a provision for stock-in-trade for 12 months from 7 December 2001. An Editorial note relating to subclause (5) also inserted.

4(5), 4(6)

88

F2006L03270

5 Oct 2006

FSC 30

5 Oct 2006

 

5 Oct 2006

rep

Subclauses and Editorial note after 4(5) as they have ceased to have effect.

5

101

F2008L03058

14 Aug 2008

FSC 43

14 Aug 2008

 

14 Aug 2008

rs

Boxed text following the clause and inserting an Editorial note.

7

88

F2006L03270

5 Oct 2006

FSC 30

5 Oct 2006

5 Oct 2006

am

Omit a reference in the Editorial note to a review of Division 2 as it has been completed.

7

101

F2008L03058

14 Aug 2008

FSC 43

14 Aug 2008

14 Aug 2008

rs

Editorial note.

7

111

F2009L03145

13 Aug 2009

FSC 53

13 Aug 2009

13 Aug 2009

rep

Editorial note

7

120

F2011L00062

20 Jan 2011

FSC 62

20 Jan 2011

 

20 Jan 2011

am

Consequential change relating to the insertion of a Schedule.

Schedule

120

F2011L00062

20 Jan 2011

FSC 62

20 Jan 2011

20 Jan 2011

ad

Schedule to replace Table to clause 2 and insert a new GM commodity (cotton).

Schedule

124

F2011L01413

5 July 2011

FSC 66

11 July 2011

11 July 2011

ad

One GM commodity (soybean).

Schedule

126

F2011L02065

13 Oct 2011

FSC 68

13 Oct 2011

13 Oct 2011

ad

One GM commodity (corn).

Schedule

127

F2011L02370

15 Nov 2011

FSC 69

17 Nov 2011

17 Nov 2011

ad

One GM commodity (soybean).

Schedule

127

F2011L02372

15 Nov 2011

FSC 69

17 Nov 2011

17 Nov 2011

ad

One GM commodity (soybean).

Schedule

129

F2012L00208

8 Feb 2012

FSC 71

9 Feb 2012

9 Feb 2012

ad

One GM commodity (soybean).

Schedule

130

F2012L00932

26 April 2012

FSC 72

26 April 2012

26 April 2012

ad

One GM commodity (corn).

Schedule

131

F2012L01061

23 May 2012

FSC 73

24 May 2012

24 May 2012

ad

One GM commodity (soybean).

Schedule

133

F2012L01536

11 July 2012

FSC 75

12 July 2012

12 July 2012

ad

One GM commodity (corn).

Schedule

133

F2012L01537

11 July 2012

FSC 75

12 July 2012

12 July 2012

ad

One GM commodity (soybean).

Schedule

135

F2012L02014

10 Oct 2012

FSC 77

11 Oct 2012

11 Oct 2012

am

Correction of typographical error for Item 1.2 (canola).

Schedule

139

F2013L00249

21 Feb 2013

FSC 81

21 Feb 2013

21 Feb 2013

ad

One GM commodity (canola).

Schedule

140

F2013L00662

17 April 2013

FSC 82

18 April 2013

18 April 2013

ad

One GM commodity (soybean).

Schedule

145

F2014L00035

6 Jan 2014

FSC87

9 Jan 2014

9 Jan 2014

ad

One GM commodity (cotton).

Schedule

146

F2014L00189

25 Feb 2014

FSC88

27 Feb 2014

27 Feb 2014

ad

One GM commodity (soybean).

Schedule

147

F2014L00455

30 April 2014

FSC89

1 May 2014

1 May 2014

ad

One GM commodity (lucerne).

Schedule

148

F2014L00528

14 May 2014

FSC90

15 May 2014

15 May 2014

ad

One GM commodity (soybean).

Schedule

148

F2014L00529

14 May 2014

FSC90

15 May 2014

 

15 May 2014

ad

One GM commodity (canola).