Federal Register of Legislation - Australian Government

Primary content

Food Standards as made
This instrument varies standards in the Australia New Zealand Food Standards Code.
Administered by: Health
General Comments: This instrument was originally published in the Commonwealth of Australia Food Standards Gazette No. FSC 128 on 5 September 2019. The instrument was rectified on 28 April 2020 to reflect the variations as approved by the Board of Food Standards Australia New Zealand. The instrument as approved by the Board of Food Standards Australia New Zealand was published in the Commonwealth of Australia Food Standards Gazette No. FSC 133 on 14 May 2020.
Exempt from sunsetting by the Legislation Act 2003 s 54(1)
Registered 02 Sep 2019
Tabling HistoryDate
Tabled HR09-Sep-2019
Tabled Senate09-Sep-2019
Date of repeal 15 May 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Explanatory Statement

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 a food regulatory measure.

 

The Authority accepted application A1159 which sought to permit the use of the enzyme triacylglycerol lipase (EC 3.1.1.3) sourced from a genetically-modified (GM) strain of Trichoderma reesei (T.reesei) as a processing aid for the production of bakery products, and cereal-based beverages and foods. The Authority considered the application in accordance with Division 1 of Part 3 and has approved a draft variation.

 

Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.

 

Section 94 of the FSANZ Act specifies that a standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003.

 

2.       Purpose

 

The Authority has approved the draft variation to amend the table to subsection S18––9(3) in Schedule 18 of the Code to permit the use of lipase, triacylglycerol (EC 3.1.1.3) sourced from a GM strain of T. reesei as a food processing aid in the production of bakery products, and cereal-based beverages and foods.

 

3.       Documents incorporated by reference

 

The variations to food regulatory measures do not incorporate any documents by reference.

 

Existing provisions of the Code incorporate a document by reference that will prescribe identity and purity specifications for the processing aid to be permitted by the 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) Compendium of Food Additive Specifications (FAO/WHO 2017) and the United States Pharmacopeial Convention (2018) Food Chemicals Codex (11th edition). These include specifications for enzyme preparations used in food processing.

 

4.       Consultation

 

In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of application A1159 included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 5 February 2019 for a six-week consultation period.

 

A Regulation Impact Statement was not required because the proposed variation to Schedule 18 was likely to have a minor impact on business and individuals (OBPR reference number 12065).

 

5.       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 94 of the FSANZ Act.

 

6.       Variation

 

Item [1] of the approved draft variation inserts a new entry into the table to subsection
S18—9(3) in Schedule 18.

 

The new entry would permit the use of the enzyme, lipase, triacylglycerol (EC 3.1.1.3) sourced from T. reesei containing the gene for lipase, triacylglycerol isolated from A. tubingensis as a processing aid. The specific technological purpose of this enzyme processing aid would be for the production of bakery products, and for the production of cereal-based beverages and foods. A condition of the permission is that the maximum permitted level or amount that may be used must be consistent with good manufacturing practice.