{"id":"F2026L00012","name":"Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025","slug":"food-standards-australia-new-zealand-declaration-of-a-food-declaration-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443125,"registerId":"F2026L00012-fast-fetch-1775958039126","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nFood Standards Australia New Zealand (Declaration of a Food) Declaration 2025\n\nI, Rebecca White, Assistant Minister for Health, Disability and Aged Care, make the following declaration.\n\nDated 17 November 2025\n\nRebecca White\n\nAssistant Minister for Health, Disability and Aged Care\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Declaration of cell lines as a food\n\n6  Declaration of cell biomass as a food\n\n \n\n \n\n1  Name\n\n  This instrument is the Food Standards Australia New Zealand (Declaration of a Food) Declaration 2025.\n\n2  Commencement\n\n  This instrument takes effect on the day after the later of the following:\n\n1.     the day the instrument is registered;\n2.     the day a copy of the instrument is published in the New Zealand Gazette.\n\n\n3  Authority\n\n  This instrument is made under subsection 6(1) of the Food Standards Australia New Zealand Act 1991.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Food Standards Australia New Zealand Act 1991.\n\ncell biomass has the same meaning as in Standard 3.4.1.\n\ncell line has the same meaning as in Standard 3.4.1.\n\nStandard 3.4.1 means 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.\n\nNote: Standard 3.4.1 can be found on the Federal Register of Legislation.\n\n5  Declaration of cell lines as a food\n\nFor the purposes of subsection 6(1) of the Act, cell lines are declared a food.\n\n6  Declaration of cell biomass as a food\n\nFor the purposes of subsection 6(1) of the Act, cell biomass is declared a food.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: declaring specific cell-cultured food inputs as 'food' for regulatory purposes. No scope creep is evident."},"complexity_factors":["Very short instrument (6 sections, ~250 words)","Only 3 defined terms, all referencing external standards","No conditional logic or exceptions","No cross-references beyond the parent Act and one external standard","Straightforward declarative structure — simply declares two items as 'food'"],"plain_english_summary":"This declaration formally recognizes \"cell lines\" and \"cell biomass\" as food in Australia and New Zealand, so ingredients used to grow cell‑cultured meat, seafood or other lab‑grown products fall under existing food law. \n\nThat clarification brings regulatory certainty for developers, ensures food safety rules apply, and extends consumer protections through established oversight."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument expands the legal scope of 'food' under the FSANZ Act by declaring that cell lines and cell biomass are food (sections 5–6). That change brings these items into the Australia New Zealand Food Standards Code and subjects producers/importers to Standard 3.4.1 compliance; regulatory decisions and enforcement follow existing food‑safety frameworks."},"complexity_factors":["Declaratory and narrowly focused instrument — only two operative declarations (sections 5–6), which keeps substantive drafting simple.","Relies on external technical instrument (Standard 3.4.1) for definitions and requirements (section 4), so legal effect depends on that standard’s content and changes to it.","Cross‑jurisdictional commencement condition (Australia registration and New Zealand Gazette) creates a two‑jurisdictional timing dependency (section 2).","Made under s 6(1) of the FSANZ Act (section 3) — legal effect is to treat specified items as 'food', shifting them into the Code’s regulatory regime rather than setting detailed rules here.","Leaves implementation, approvals and enforcement to existing food regulatory processes — low procedural detail in the instrument increases practical reliance on agency discretion and the referenced standard."],"plain_english_summary":"This instrument declares that “cell lines” and “cell biomass” are legally “food” for the purposes of subsection 6(1) of the Food Standards Australia New Zealand Act 1991. Mechanically, that brings cell‑cultured products within the Australia New Zealand Food Standards Code and links them to Standard 3.4.1, so they are subject to food‑safety requirements.\n\nProducers and importers will bear the cost of complying with Standard 3.4.1; regulators decide approvals and enforcement. The measure substitutes technical rules in the referenced standard for prior uncertainty about regulatory treatment."}},"importantCases":[],"_links":{"self":"/api/acts/food-standards-australia-new-zealand-declaration-of-a-food-declaration-2025","history":"/api/acts/food-standards-australia-new-zealand-declaration-of-a-food-declaration-2025/history","analysis":"/api/acts/food-standards-australia-new-zealand-declaration-of-a-food-declaration-2025/analysis","conflicts":"/api/acts/food-standards-australia-new-zealand-declaration-of-a-food-declaration-2025/conflicts","importantCases":"/api/acts/food-standards-australia-new-zealand-declaration-of-a-food-declaration-2025/important-cases","documents":"/api/acts/food-standards-australia-new-zealand-declaration-of-a-food-declaration-2025/documents"}}