Commonwealth legislation

Australia New Zealand Food Standards Code - Standard 1.5.2 - Food Produced Using Gene Technology

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

Collection

legislative instrument

Plain English Summary

6/10 complexity

Mechanically: this Standard forbids the sale or use of foods produced using gene technology unless each food is expressly listed in the Schedule and meets any conditions attached. It also requires packaged products that contain novel DNA/protein or have altered characteristics to be labelled ‘genetically modified’, subject to specified exemptions and thresholds.

Who it affects: producers, importers, packagers, retailers and food-service outlets — because it prescribes what gene‑technology foods may be sold and how they must be disclosed.

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Current sections

Direct links to the current provisions in Australia New Zealand Food Standards Code - Standard 1.5.2 - Food Produced Using Gene Technology.

Division 1

Sale and use of food produced using gene technology

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.

Note: Editorial note:

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

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.

Note: Editorial note:

Note: An example for single ingredient genetically modified foods:

Note: Soy Flour

Note: Genetically Modified

Note: Soy Flour

Note: From genetically modified soya beans

Note: An example for genetically modified food ingredients:

Note: 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
	2.22	Food derived from herbicide-tolerant and insect-protected corn line MON87411
	2.23	Food derived from herbicide-tolerant and insect-protected corn line 4114
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
	3.14	Food derived from herbicide-tolerant cotton line DAS-81910-7
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 7 December 2015 (up to Amendment No. 159). It includes any commenced amendment affecting the compilation to that date.

Prepared by Food Standards Australia New Zealand on 7 December 2015.

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 No. 53 (F2008B00628 – 2 October 2008) and has been amended as follows:

Clause affected	A’ment No.	FRLI registrationGazette	Commencement(Cessation)	How affected	Description of amendment
Purpose	120	F2011L0006220 Jan 2011FSC 6220 Jan 2011	20 Jan 2011	rs	Purpose replaced with ‘Simplified outline of this Standard’.
Table of Provs	78	F2005L0124626 May 2005FSC 1926 May 2005	26 May 2005	am	Consequential amendment relating to deletion of clause 3.
1	70	F2008B0081724 Dec 2008FSC 1229 April 2004	29 April 2004	ad	Definitions relating to ‘conventional breeding’, ‘line’ and ‘transformation event’.
1	120	F2011L0006220 Jan 2011FSC 6220 Jan 2011	20 Jan 2011	ad, am	To add a new subclause (2) and make a consequential amendment.
1(b)	78	F2005L0124626 May 2005FSC 1926 May 2005	26 May 2005	am	Correct a typographical error in the definition of ‘line’.
1(b)	120	F2011L0006220 Jan 2011FSC 6220 Jan 2011	20 Jan 2011	am	Amend to clarify meaning.
2	120	F2011L0006220 Jan 2011FSC 6220 Jan 2011	20 Jan 2011	rs	Clause
Table to clause 2	55	F2008B007919 Dec 2008P 2330 Aug 2001	30 Aug 2001	ad	Five GM commodities (potato and corn).
Table to clause 2	59	F2008B0079710 Dec 2008FSC 19 May 2002	9 May 2002	ad	Four GM commodities (corn, sugar beet, cotton and canola).
Table to clause 2	60	F2008B0079819 Dec 2008FSC 220 June 2002	20 June 2002	ad	One GM commodity (corn).
Table to clause 2	62	F2008B0079819 Dec 2008FSC 417 Sept 2002	17 Sept 2002	ad	Two GM commodities (corn and canola).
Table to clause 2	63	F2008B0080822 Dec 2008FSC 524 Oct 2002	24 Oct 2002	ad	One GM commodity (cotton).
Table to clause 2	67	F2008B0081424 Dec 2008FSC 931 July 2003	31 July 2003	ad	One GM commodity (corn).
Table to clause 2	69	F2008B0081624 Dec 2008FSC 917 Dec 2003	17 Dec 2003	ad	One GM commodity (corn).
Table to clause 2	70	F2008B0081724 Dec 2008FSC 1229 April 2004	29 April 2004	ad, am	One GM commodity (soybean) and correct a typographical error.
Table to clause 2	76	F2005L0032317 Feb 2005FSC 1817 Feb 2005	17 Feb 2005	ad	One GM commodity (cotton).
Table to clause 2	77	F2005L0098928 April 2005FSC 2028 April 2005	28 April 2005	ad	One GM commodity (cotton).
Table to clause 2	83	F2005L0367324 Nov 2005FSC 2524 Nov 2005	24 Nov 2005	ad	Two GM commodities (corn and sugar beet).
Table to clause 2	85	F2006L0046910 Feb 2006FSC 2710 Feb 2006	10 Feb 2006	ad	Two GM commodities (cotton).
Table to clause 2	87	F2006L025393 Aug 2006FSC 298 Aug 2006	8 Aug 2006	ad	Two GM commodities (corn).
Table to clause 2	91	F2007L0037315 Feb 2007FSC 3315 Feb 2007	15 Feb 2007	ad	One GM commodity (lucerne).
Table to clause 2	92	F2007L024062 Aug 2007FSC 342 Aug 2007	2 Aug 2007	ad	One GM commodity (corn).
Table to clause 2	97	F2008L0070813 March 2008FSC 3913 March 2008	13 March 2008	ad	One GM commodity (corn).
Table to clause 2	100	F2008L0239610 July 2008FSC 4210 July 2008	10 July 2008	ad	One GM commodity (soybean).
Table to clause 2	103	F2008L037419 Oct 2008FSC 459 Oct 2008	9 Oct 2008	ad	One GM commodity (rice).
Table to clause 2	104	F2008L045414 Dec 2008FSC 464 Dec 2008	4 Dec 2008	ad	One GM commodity (corn).
Table to clause 2	106	F2009L0030712 Feb 2009FSC 4812 Feb 2009	12 Feb 2009	ad	One GM commodity (corn).
Table to clause 2	112	F2009L0355017 Sept 2009FSC 5417 Sept 2009	17 Sept 2009	ad	Two GM commodities (cotton).
Table to clause 2	114	F2010L0035718 Feb 2010FSC 5618 Feb 2010	18 Feb 2010	ad	Two GM commodities (soybean).
Table to clause 2	116	F2010L0131020 May 2010FSC 5820 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	F2010L0184129 June 2010FSC 591 July 2010	1 July 2010	ad	One GM commodity (corn).
Table to clause 2	118	F2010L0239531 Aug 2010FSC 602 Sept 2010	2 Sept 2010	ad	Two GM commodities (corn and soybean).
Table to clause 2	120	F2011L0006220 Jan 2011FSC 6220 Jan 2011	20 Jan 2011	rep	Table with approved GM commodities moved to Schedule.
3	78	F2005L0124626 May 2005FSC 1926 May 2005	26 May 2005	rep	Clause.
4	57	F2008B0079510 Dec 2008P 271 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	F2006L032705 Oct 2006FSC 305 Oct 2006	5 Oct 2006	rep	Subclauses and Editorial note after 4(5) as they have ceased to have effect.
5	101	F2008L0305814 Aug 2008FSC 4314 Aug 2008	14 Aug 2008	rs	Boxed text following the clause and inserting an Editorial note.
7	88	F2006L032705 Oct 2006FSC 305 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	F2008L0305814 Aug 2008FSC 4314 Aug 2008	14 Aug 2008	rs	Editorial note.
7	111	F2009L0314513 Aug 2009FSC 5313 Aug 2009	13 Aug 2009	rep	Editorial note
7	120	F2011L0006220 Jan 2011FSC 6220 Jan 2011	20 Jan 2011	am	Consequential change relating to the insertion of a Schedule.
Schedule	120	F2011L0006220 Jan 2011FSC 6220 Jan 2011	20 Jan 2011	ad	Schedule to replace Table to clause 2 and insert a new GM commodity (cotton).
Schedule	124	F2011L014135 July 2011FSC 6611 July 2011	11 July 2011	ad	One GM commodity (soybean).
Schedule	126	F2011L0206513 Oct 2011FSC 6813 Oct 2011	13 Oct 2011	ad	One GM commodity (corn).
Schedule	127	F2011L0237015 Nov 2011FSC 6917 Nov 2011	17 Nov 2011	ad	One GM commodity (soybean).
Schedule	127	F2011L0237215 Nov 2011FSC 6917 Nov 2011	17 Nov 2011	ad	One GM commodity (soybean).
Schedule	129	F2012L002088 Feb 2012FSC 719 Feb 2012	9 Feb 2012	ad	One GM commodity (soybean).
Schedule	130	F2012L0093226 April 2012FSC 7226 April 2012	26 April 2012	ad	One GM commodity (corn).
Schedule	131	F2012L0106123 May 2012FSC 7324 May 2012	24 May 2012	ad	One GM commodity (soybean).
Schedule	133	F2012L0153611 July 2012FSC 7512 July 2012	12 July 2012	ad	One GM commodity (corn).
Schedule	133	F2012L0153711 July 2012FSC 7512 July 2012	12 July 2012	ad	One GM commodity (soybean).
Schedule	135	F2012L0201410 Oct 2012FSC 7711 Oct 2012	11 Oct 2012	am	Correction of typographical error for Item 1.2 (canola).
Schedule	139	F2013L0024921 Feb 2013FSC 8121 Feb 2013	21 Feb 2013	ad	One GM commodity (canola).
Schedule	140	F2013L0066217 April 2013FSC 8218 April 2013	18 April 2013	ad	One GM commodity (soybean).
Schedule	145	F2014L000356 Jan 2014FSC879 Jan 2014	9 Jan 2014	ad	One GM commodity (cotton).
Schedule	146	F2014L0018925 Feb 2014FSC8827 Feb 2014	27 Feb 2014	ad	One GM commodity (soybean).
Schedule	147	F2014L0045530 April 2014FSC891 May 2014	1 May 2014	ad	One GM commodity (lucerne).
Schedule	148	F2014L0052814 May 2014FSC9015 May 2014	15 May 2014	ad	One GM commodity (soybean).
Schedule	148	F2014L0052914 May 2014FSC9015 May 2014	15 May 2014	ad	One GM commodity (canola).
Schedule	150	F2014L0142428 Oct 2014FSC9230 Oct 2014	30 Oct 2014	ad	One GM commodity (cotton).
Schedule	156	F2015L012215 Aug 2015FSC986 Aug 2015	6 Aug 2015	ad	One GM commodity (corn).
Schedule	159	F2015L019182 Dec 2015FSC1017 Dec 2015	7 Dec 2015	ad	One GM commodity (corn).

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Division 1 Sale and use of food produced using gene technology

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.

Note: Editorial note:

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

3 Deleted

Australia New Zealand Food Standards Code - Standard 1.5.2 - Food Produced Using Gene Technology

Plain English Summary

Deep dive

Current sections

Sale and use of food produced using gene technology

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

Labelling etc of food produced using gene technology

Division 2 – Labelling etc of food produced using gene technology

SCHEDULE

SCHEDULE

Amendment History

Amendment History

Source text: opening excerpt

Division 1 Sale and use of food produced using gene technology

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

Division 2 Labelling etc of food produced using gene technology

Division 2 – Labelling etc of food produced using gene technology

SCHEDULE SCHEDULE

SCHEDULE