Standard 1.5.2 Genetically modified food

Note 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.

Note 2 The provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ). See also section 1.1.1—3.

Note 3 Paragraphs 1.1.1—10(5)(c) and (6)(g) provide that a food for sale must not consist of, or have as an ingredient or a component, a genetically modified food, unless expressly permitted by this Code. This Standard contains the relevant permissions. Schedule 26 provides definitions of the terms ‘line’ and ‘transformation event’, and lists approved genetically modified foods and any conditions for use of the food.

1.5.2—1 Name

This Standard is Australia New Zealand Food Standards Code – Standard 1.5.2 – Genetically modified food.

Note Commencement:
This Standard commences on 1 March 2016, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.

1.5.2—2 Definitions

Note 1 Section 1.1.2—16 (Definition of genetically modified food) provides as follows:

(1) In this Code, genetically modified food means a food that:

(a)  is any of the following:

(i) an organism that contains *novel DNA;

(ii) food derived from an organism that contains novel DNA;

(iii)  cells that contain novel DNA;

(iv) food derived from cells that contain novel DNA; and

(b) is not any of the following:

(i) a substance *used as a food additive;

(ii) a substance *used as a processing aid;

(iii) a substance used to:

(A) support the growth and viability of cells during cell culture; or

(B) process cells during cell culture;

(iv) food that is derived from part of a grafted plant, where that part does not contain novel DNA or *novel protein;

(v) food derived from a null segregant.

(2) In this section, a null segregant means an organism, cell or cells that:

(a) is descended from an organism, cell or cells that contain *novel DNA; and

(b) does not contain novel DNA.

Note 2 Section 1.1.2—17 (Definition of novel DNA) provides as follows:

(1)  In this Code, novel DNA means DNA that:

 (a)  a person has inserted into the genome of an organism, cell or cells; and

 (b)  is one of the following:

(i) DNA from a species that is not a crossable species;

(ii) DNA that:

(A) is from a crossable species; and

(B) contains a coding region that was rearranged or recombined prior to the insertion referred to in paragraph (1)(a);

(iii) DNA that is not from an existing species.

(2) In this section, crossable species means a species of organism, cell or cells that can be crossed or hybridized with the species of organism, cell or cells referred to in paragraph (1)(a).

(3) Despite subsections (1) and (2), novel DNA does not include flanking left and right border sequences arising from Agrobacterium-mediated transformation.

Note 3 In this Code (see section 1.1.2—2)

novel protein means a protein encoded by novel DNA.

Note 4 Definitions for the terms ‘line’ and ‘transformation event’ are in Schedule 26.

1.5.2—3 When genetically modified food is permitted for sale

A food for sale may contain, or consist of, a *genetically modified food if that genetically modified food is:

1.            listed in Schedule 26; and
2.            complies with any corresponding conditions listed in that Schedule.

1.5.2—4 Requirement to label food as ‘genetically modified’

(1) This section applies to a food for sale:

(a) that contains, or consists of, a *genetically modified food that is listed in Schedule 26: and

(b)  where that genetically modified food:

(i) contains novel DNA or novel protein; or

(ii) is listed in section S26—3 as subject to the condition that its labelling must comply with this section; and

(c) is not a food listed in subsection (2).

(2) The following are listed foods:

(a) a food for sale that contains a *genetically modified food that is:

(i) unintentionally present in the food for sale; and

(ii) present in the food for sale in an amount of no more than 10 g in a kilogram of each ingredient;

(b) a food for sale that is:

(i) intended for immediate consumption; and

(ii) prepared and sold from food premises (including restaurants, take away outlets, caterers, self-catering institutions and vending vehicles).

(3) For the labelling provisions, the information relating to genetically modified food is the statement ‘genetically modified’ used in conjunction with the name of the genetically modified food.

 Note The labelling provisions are set out in Standard 1.2.1. Labelling provisions apply to both packaged and unpackaged genetically modified food.

(4) If the genetically modified food is an ingredient (including an ingredient of a compound ingredient), the information may appear in the label other than in the statement of ingredients.             

Example Standards 1.2.1 and 1.2.4 require the labelling of certain foods for sale to include a statement of ingredients. For the purposes of section 1.5.2—4, genetically modified corn meal that is used as an ingredient of a crumbed fish compound ingredient that is in turn used in a mixed ingredient food could be declared in the statement of ingredients for that mixed ingredient food as: Ingredients: Crumb coating (wheat flour, water, canola oil, corn meal (genetically modified), salt, sugar, egg white). Alternatively, the name of the genetically modified ingredient could be declared in the statement of ingredients (eg,: corn meal) in accordance with Standard 1.2.4, with the information required by section 1.5.2—4 appearing elsewhere on the label (eg, contains genetically modified corn meal).

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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 compilation No. 3 of Standard 1.5.2 as in force on 2 September 2025 (up to Amendment No. 243). It includes any commenced amendment affecting the compilation to that date.

Prepared by Food Standards Australia New Zealand on 2 September 2025.

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 Legislation 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 Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00404 –- 31 March 2015) and has since been amended as follows: