5246

 

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

Food Standards Australia New Zealand Amendment Bill 2007

 

(Amendments to be moved by Senator Siewert on behalf of the Australian Greens in committee of the whole)

(1)     Schedule 1, page 6 (after line 2), after item 11, insert:

11A  Subsection 3(1)

Insert:

product of Australia and made in Australia and Australian made means 100% manufactured, produced, assembled or processed in Australia.

[Australian made]

(2)     Schedule 1, page 6 (after line 2), after item 11, insert:

11B  Subsection 3(1)

Insert:

public health is the organised response by society to minimise illness, injury and disability and to protect and promote health. It recognises that health and health care occur in an economic and socio-cultural system both nationally and internationally, and therefore seeks to influence all sectors to maximise the health and wellbeing of society. The precautionary principle should be applied in relation to all public health outcomes considered under this Act.

[public health]

(3)     Page 92 (after line 6), at the end of the bill, add:

Schedule 4—Genetically modified food and animal feed

Food Standards Australia New Zealand Act 1991

1  After Division 4

Insert:

Division 4A—Genetically modified food and animal feed

23AA  Interpretation

                   In this Division, unless the context otherwise requires:

operator means a person who places a product on the market and also a person who receives a product that has been placed on the market at any stage of the production and distribution chain, but does not include the ultimate consumer.

traceability means the ability to trace food, animal feed, and ingredients of food and animal feed, that are produced using genetic modification technology throughout the production and distribution chains.

23B  Packaged foods

             (1)  All packaged food derived from genetic modification, or containing an ingredient derived from genetic modification, must be labelled as such regardless of whether or not it contains DNA or protein resulting from that genetic modification.

             (2)  The label required by subsection (1) must contain the words “derived from genetic modification (GM product)” in conjunction with the name of the food or in association with any specific ingredients derived from genetic modification, or “genetically modified (name of food) (GM product)” or “contains genetically modified (name of ingredient) (GM product)”.

23C  Unpackaged foods

                   All unpackaged food, including bulk foods, derived from genetic modification, or containing an ingredient derived from genetic modification, regardless of whether or not it contains DNA or protein resulting from that genetic modification, must have displayed in association with the food the words “derived from genetic modification (GM product)” in conjunction with the name of the food or in association with any specific ingredients derived from genetic modification, or “genetically modified (name of food) (GM product)” or “contains genetically modified (name of ingredient) (GM product)”.

23D   Exemptions

                   The following foods are exempted from the provisions of sections 23B and 23C:

                     (a)  all meat, milk, eggs obtained from animals treated with GM veterinary products, or fed GM food;

                     (b)  food produced with the help of GM enzymes;

                     (c)  takeaway foods and restaurant meals.

23E   Animal feed

             (1)  All genetically modified animal feed, or animal feed containing an ingredient derived from genetic modification, must be labelled as such regardless of whether or not it contains DNA or protein resulting from that genetic modification.

             (2)  The label required by subsection (1) must contain the words “derived from genetic modification (GM product)” in conjunction with the name of the food, or in association with any specific ingredients derived from genetic modification, or “genetically modified (name of feed) (GM product)” or contains “genetically modified (name of ingredient) (GM product)”.

23F  Accidental contamination

             (1)  Food or animal feed which is contaminated by less than 0.5 % of the product by adventitious GM DNA or protein, that is approved by Food Safety Australia New Zealand, is exempt from labelling, so long as operators can demonstrate that they have used all appropriate steps to avoid the presence of accidental contamination.

             (2)  Food or animal feed which is contaminated by detectable levels of GM DNA or protein that is not approved by Food Safety Australia New Zealand must be labelled as containing GM material.

23G   Traceability

             (1)  The Governor-General must make regulations prescribing a comprehensive traceability system for all foods and animal feeds containing GM product or derived from GM processes that ensures the ability to trace the food or animal feed throughout the production and distribution chains.

             (2)  The regulations made under subsection (1) must include, but are not limited to, requirements that:

                     (a)  operators must ensure that information identifying GM product or GM-derived material in food and animal feed is transmitted with that product;

                     (b)  operators must have in place systems and procedures to allow the identification of the person or persons from whom and to whom the products referred to in subsection 23F(2) have been made available;

                     (c)  operators must retain the information specified in paragraph (b) for a period of 5 years from each transaction, and make it available to competent authorities on demand.

             (3)  Operators delivering food to the ultimate consumer are exempted from paragraphs (2)(b) and (c).

             (4)  For the purposes of paragraph (2)(c), competent authorities means a department or other public organisation appointed by the Minister responsible for food safety for the purposes of this Act. 

             (5)  The Minister responsible for food safety must implement a monitoring plan in order to trace and identify any direct or indirect, immediate, delayed or unforeseen effects on human health or the environment of GM product or animal feed or both after it has been placed on the market.

[GM labelling]