{"id":"F2015L00404","name":"Australia New Zealand Food Standards Code – Standard 1.5.2 – Genetically modified food","slug":"australia-new-zealand-food-standards-code-standard-1-5-2-genetically-modified-food","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":92979,"registerId":"commonwealth-F2015L00404-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australia New Zealand Food Standards Code – Standard 1.5.2 – Genetically modified food","content":"Standard 1.5.2 Genetically modified food\n\nNote 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.\n\nNote 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.\n\nNote 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.\n\n1.5.2—1 Name\n\nThis Standard is Australia New Zealand Food Standards Code – Standard 1.5.2 – Genetically modified food.\n\nNote Commencement:  \nThis 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.\n\n1.5.2—2 Definitions\n\nNote 1 Section 1.1.2—16 (Definition of genetically modified food) provides as follows:\n\n(1) In this Code, genetically modified food means a food that:\n\n(a) is any of the following:\n\n(i) an organism that contains \\*novel DNA;\n\n(ii) food derived from an organism that contains novel DNA;\n\n(iii) cells that contain novel DNA;\n\n(iv) food derived from cells that contain novel DNA; and\n\n(b) is not any of the following:\n\n(i) a substance \\*used as a food additive;\n\n(ii) a substance \\*used as a processing aid;\n\n(iii) a substance used to:\n\n(A) support the growth and viability of cells during cell culture; or\n\n(B) process cells during cell culture;\n\n(iv) food that is derived from part of a grafted plant, where that part does not contain novel DNA or \\*novel protein;\n\n(v) food derived from a null segregant.\n\n(2) In this section, a null segregant means an organism, cell or cells that:\n\n(a) is descended from an organism, cell or cells that contain \\*novel DNA; and\n\n(b) does not contain novel DNA.\n\nNote 2 Section 1.1.2—17 (Definition of novel DNA) provides as follows:\n\n(1) In this Code, novel DNA means DNA that:\n\n(a) a person has inserted into the genome of an organism, cell or cells; and\n\n(b) is one of the following:\n\n(i) DNA from a species that is not a crossable species;\n\n(ii) DNA that:\n\n(A) is from a crossable species; and\n\n(B) contains a coding region that was rearranged or recombined prior to the insertion referred to in paragraph (1)(a);\n\n(iii) DNA that is not from an existing species.\n\n(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).\n\n(3) Despite subsections (1) and (2), novel DNA does not include flanking left and right border sequences arising from Agrobacterium\\-mediated transformation.\n\nNote 3 In this Code (see section 1.1.2—2)\n\nnovel protein means a protein encoded by novel DNA.\n\nNote 4 Definitions for the terms ‘line’ and ‘transformation event’ are in Schedule 26.\n\n1.5.2—3 When genetically modified food is permitted for sale\n\nA food for sale may contain, or consist of, a \\*genetically modified food if that genetically modified food is:\n\n1.  listed in Schedule 26; and\n2.  complies with any corresponding conditions listed in that Schedule.\n\n1.5.2—4 Requirement to label food as ‘genetically modified’\n\n(1) This section applies to a food for sale:\n\n(a) that contains, or consists of, a \\*genetically modified food that is listed in Schedule 26: and\n\n(b) where that genetically modified food:\n\n(i) contains novel DNA or novel protein; or\n\n(ii) is listed in section S26—3 as subject to the condition that its labelling must comply with this section; and\n\n(c) is not a food listed in subsection (2).\n\n(2) The following are listed foods:\n\n(a) a food for sale that contains a \\*genetically modified food that is:\n\n(i) unintentionally present in the food for sale; and\n\n(ii) present in the food for sale in an amount of no more than 10 g in a kilogram of each ingredient;\n\n(b) a food for sale that is:\n\n(i) intended for immediate consumption; and\n\n(ii) prepared and sold from food premises (including restaurants, take away outlets, caterers, self-catering institutions and vending vehicles).\n\n(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.\n\nNote The labelling provisions are set out in Standard 1.2.1. Labelling provisions apply to both packaged and unpackaged genetically modified food.\n\n(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.\n\nExample 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).\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_  \n\nAmendment History\n\nThe Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.\n\nThese 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.\n\nAbout this compilation\n\nThis 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.\n\nPrepared by Food Standards Australia New Zealand on 2 September 2025.\n\nUncommenced amendments or provisions ceasing to have effect\n\nTo 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.\n\nThe following abbreviations may be used in the table below:\n\nad = added or inserted am = amended\n\nexp = expired or ceased to have effect rep = repealed\n\nrs = repealed and substituted\n\nStandard 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:\n\n| Section affected       | A’ment No. | FRL registrationGazette                    | Commencement(Cessation) | How affected | Description of amendment                                                                                   |\n| ---------------------- | ---------- | ------------------------------------------ | ----------------------- | ------------ | ---------------------------------------------------------------------------------------------------------- |\n| Std heading            | 161        | F2016L0012018 Feb 2016FSC10322 Feb 2016    | 1 March 2016            | am           | Correction of typographical error in Note 3.                                                               |\n| 1.5.2—2                | 157        | F2015L013741 Sept 2015FSC993 Sept 2015     | 1 March 2016            | am           | Correction of numbering error for Note 1.                                                                  |\n| 1.5.2—4                | 177        | F2018L00131 21 Feb 2018 FSC11822 Feb 2018  | 22 February 2018        | am           | Omitting ‘subsections S26—3(2) and (3)’ from subparagraph 1.5.2—4(1)(a)(ii), substituting ‘section S26—3’. |\n| Std title              | 243        | F2025L0098826 August 2025FSC1832 Sept 2025 | 2 September 2025        | rs           | Omit Food produced using gene technology, substitute Genetically modified food                             |\n| Std title (note 3)     | 243        | F2025L0098826 August 2025FSC1832 Sept 2025 | 2 September 2025        | rs           | Replace note 3 text                                                                                        |\n| 1.5.2—1                | 243        | F2025L0098826 August 2025FSC1832 Sept 2025 | 2 September 2025        | rs           | Omit Food produced using gene technology, substitute Genetically modified food                             |\n| 1.5.2—2 (Notes 1 to 3) | 243        | F2025L0098826 August 2025FSC1832 Sept 2025 | 2 September 2025        | rs           | Replace notes 1-3 and replace with notes 1 - 4                                                             |\n| 1.5.2—3                | 243        | F2025L0098826 August 2025FSC1832 Sept 2025 | 2 September 2025        | rs           | Replace text for this section                                                                              |\n| 1.5.2—4                | 243        | F2025L0098826 August 2025FSC1832 Sept 2025 | 2 September 2025        | rs           | Replace text for this section                                                                              |","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The September 2025 amendments replaced the title and core sections, changing terminology from 'food produced using gene technology' to 'genetically modified food'. However, this appears to be a modernisation of language rather than an expansion of scope. The fundamental structure — positive list in Schedule 26, labelling requirements with exemptions — remains consistent with the original 2016 intent."},"complexity_factors":["Multiple nested definitions: 'genetically modified food' depends on 'novel DNA', which depends on 'crossable species', with specific exclusions (e.g., Agrobacterium border sequences, null segregants)","Cross-referencing to external Schedule 26 for the actual list of approved foods and conditions — the Standard itself doesn't contain the substantive permissions","Conditional labelling requirements with layered exceptions: applies only to listed foods with novel DNA/protein OR specific Schedule conditions, EXCEPT for unintentional presence under 10g/kg OR food for immediate consumption","Incorporation by reference to Standard 1.2.1 (general labelling) and Standard 1.2.4 (ingredient listing) for the actual labelling mechanics","Dual jurisdiction application (Australia and New Zealand) with different enabling statutes referenced","Recent substantial replacement of core sections (September 2025) creating potential version control issues"],"plain_english_summary":"This Standard governs genetically modified (GM) food in Australia and New Zealand: only GM foods listed in Schedule 26 are permitted, GM is defined by the presence of “novel DNA,” and most packaged GM foods must be labelled. Exemptions cover very low-level accidental traces and food prepared for immediate consumption (restaurants, takeaways).\n\nIt affects food manufacturers, importers, retailers and consumers by limiting market entry to safety‑assessed GM foods and ensuring labelling for packaged products; terminology was updated in 2025."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The changes recorded in the Amendment History are primarily terminological updates, renaming and replacement of notes and cross‑references, and clarifications to section text rather than an expansion of the Standard's core purpose. The Standard continues to (a) permit only GM foods listed in Schedule 26 and (b) require labelling where specified. The 2025 amendments renamed the Standard and updated notes and section text, but did not materially broaden the Standard’s function from approval+conditions+labelling to a new or substantially different regulatory regime."},"complexity_factors":["Cross‑references to several Code definitions (notably 1.1.2—16 and 1.1.2—17) rather than self‑contained definitions in the Standard","Dependence on Schedule 26 for the operative list and conditions (the Schedule contains the detailed approvals and conditions)","Multiple defined technical terms with multi‑part definitions (eg. 'novel DNA' with subparagraphs and exclusions)","Exceptions and thresholds in the labelling rule (10 g/kg tolerance; exemption for immediate consumption prepared on premises)","Interplay with other labelling Standards (1.2.1 and 1.2.4) and with New Zealand's Food Act adoption","Amendment and history material showing iterative changes to titles, notes and cross‑references (adds maintenance complexity)"],"plain_english_summary":"**What this Standard does (mechanically)\n\n- The Standard sets out when genetically modified (GM) food may be sold in Australia and New Zealand and when it must be labelled as genetically modified. (See sections 1.5.2—3 and 1.5.2—4.)\n- A food can only contain, or be, a GM food if that specific GM food is listed in Schedule 26 of the Code and it meets any conditions attached to that listing. (1.5.2—3 and Schedule 26.)\n- The labelling rule requires foods that contain or consist of certain listed GM foods to carry the words \"genetically modified\" together with the name of the GM food, unless a listed exception applies. (1.5.2—4.)\n\nWho this affects\n\n- Food producers, manufacturers and importers: they must check Schedule 26 before producing, selling or importing any food that contains novel DNA or novel protein, and comply with any conditions set for listed items (e.g. limits, usage conditions, or labelling). (1.5.2—3; Schedule 26; cross‑refs to definitions.)\n- Retailers and packagers: must ensure labels meet the labelling requirement for packaged and unpackaged foods where the rule applies, or ensure product formulations avoid listed GM ingredients if they choose not to label. (1.5.2—4 and Standards 1.2.1/1.2.4.)\n- Foodservice businesses (restaurants, takeaway outlets, caterers, vending vehicles) and foods intended for immediate consumption: generally exempt from the labelling requirement. (1.5.2—4(2)(b).)\n- Consumers: gain on‑pack (or on‑food) information where labelling is required; no automatic labelling for traces below the threshold or for immediate‑consumption foods prepared and sold at premises. (1.5.2—4(2).)\n- Regulators (Food Standards Australia New Zealand and state/territory/NZ enforcement agencies): maintain the approved list (Schedule 26), monitor compliance and enforce listing and labelling requirements.\n\nKey definitions that determine coverage\n\n- \"Genetically modified food\" in the Code means organisms, cells or foods that contain \"novel DNA\" (or novel protein encoded by novel DNA), with a number of specified exclusions (e.g. some processing aids, additives, and \"null segregants\"). (See the cross‑referenced definitions at 1.1.2—16 and related notes in 1.5.2—2.)\n- \"Novel DNA\" is defined by reference to how the DNA got into the organism (it must have been inserted) and the source/type of DNA (e.g. from a non‑crossable species, a rearranged coding region from a crossable species, or DNA not from an existing species). There is a specific exclusion for certain Agrobacterium border sequences. (See 1.1.2—17 as noted in 1.5.2—2.)\n\nOfficial rationale (as stated) and a practical test against trade‑offs\n\n- The Standard's stated purpose is to permit only those GM foods that have been assessed and listed in Schedule 26 and to provide required labelling for those listed items. (1.5.2—3; 1.5.2—4; Schedule 26.)\n- Costs and incentives: the requirement to be listed in Schedule 26 means developers and importers must seek approval and meet any conditions attached. That concentrates benefits (market access) on parties who obtain approvals, and creates compliance costs (data submission, testing, recordkeeping, labelling) for those applicants and for manufacturers who use listed GM ingredients. These costs are concrete: compliance with listing conditions, maintenance of supply‑chain records to show allowed use, and label changes where required. (See 1.5.2—3 and 1.5.2—4.)\n- Behaviour changes: firms will either (a) develop/submit for approvals and label accordingly; (b) reformulate to use non‑listed (non‑GM or unlisted) inputs to avoid labelling or listing conditions; or (c) limit sales to channels exempt from labelling (eg. foodservice). The rule therefore affects product formulation, sourcing and marketing decisions. (1.5.2—4(2)(b).)\n- Trade‑offs and opportunity costs: approving and labelling particular GM foods lowers regulatory uncertainty for approved products but raises administrative and compliance costs for supply chains. The Standard centralises the approval decision in the Schedule process and delegates the technical assessment and conditions-setting to FSANZ processes that determine listings.\n- Implementation risk and discretion: the content of Schedule 26 (what is permitted and under what conditions) determines practical scope. That gives regulatory authorities significant gatekeeping power over which GM foods enter the market and what constraints attach to them. (1.5.2—3 and Schedule 26.)\n- Distribution of costs: compliance costs are likely diffuse across manufacturers and retailers (multiple product changes, testing, labelling), whereas the market access benefit of an approval is concentrated for the applicant or owner of the approved line/transformation event.\n\nOperational details you should note\n\n- If a listed GM food is present unintentionally at 10 g per kg of each ingredient or less (1% w/w), that presence is an exception to the labelling rule. (1.5.2—4(2)(a).)\n- Foods prepared for immediate consumption and sold from food premises (restaurants, takeaway outlets, caterers, vending vehicles, etc.) are exempt from the labelling requirement. (1.5.2—4(2)(b).)\n- The required labelling statement is the words \"genetically modified\" used with the name of the GM food; the Code’s labelling Standards (1.2.1 and 1.2.4) govern placement and other labelling mechanics. (1.5.2—4(3)–(4).)\n- If the GM food is an ingredient of a compound ingredient, the \"genetically modified\" information may appear elsewhere on the label and need not be in the ingredients list itself, subject to the general labelling Standards. (1.5.2—4(4).)\n\nBottom line (concise)\n\n- This Standard makes sale lawful only for GM foods that are explicitly listed in Schedule 26 and requires labelling for those listed items that contain novel DNA or novel protein (with specific exceptions such as low‑level accidental presence and immediate‑consumption foodservice). It places the approval and conditions for market access in the Schedule, and places labelling and supply‑chain compliance responsibilities on producers, importers and retailers. (1.5.2—3; 1.5.2—4; Schedule 26.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australia-new-zealand-food-standards-code-standard-1-5-2-genetically-modified-food","history":"/api/acts/australia-new-zealand-food-standards-code-standard-1-5-2-genetically-modified-food/history","analysis":"/api/acts/australia-new-zealand-food-standards-code-standard-1-5-2-genetically-modified-food/analysis","conflicts":"/api/acts/australia-new-zealand-food-standards-code-standard-1-5-2-genetically-modified-food/conflicts","importantCases":"/api/acts/australia-new-zealand-food-standards-code-standard-1-5-2-genetically-modified-food/important-cases","documents":"/api/acts/australia-new-zealand-food-standards-code-standard-1-5-2-genetically-modified-food/documents"}}