The Board of Food Standards Australia New Zealand gives notice of the making of this standard under section 92 of the Food Standards Australia New Zealand Act 1991.

The Standard commences on 1 March 2016.

Dated 25 March 2015

Standards Management Officer, Delegate of the Board of Food Standards Australia New Zealand.

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.

Food produced using gene technology is regulated by paragraphs 1.1.1—10(3)(c) and (4)(g) and Standard 1.5.2. This standard lists food produced using gene technology, and corresponding conditions, for paragraph 1.5.2—3(a).

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.

S26—1 Name

This Standard is Australia New Zealand Food Standards Code – Schedule 26 – Food produced using gene technology.

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.

S26—2 Interpretation

(1) In this Schedule, headings in bold type are for information only, and do not list food for the purpose of section 1.5.2—3.

(2) In this Schedule:

conventional breeding means all methods used to produce plants, excluding techniques that use gene technology.

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 the table to section S26—3;

(iii) 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.

S26—3 Permitted food produced using gene technology and conditions

(1) The table to subsection (4) lists permitted food produced using gene technology.

(2) Items 2(m), 7(e), (g) and (h) are subject to the condition that their labelling must comply with section 1.5.2—4.

Note That section requires the statement ‘genetically modified’.

(3) Item 2(m) is also subject to the condition that, for the labelling provisions, unless the protein content has been removed as part of a refining process, the information relating to *foods produced using gene technology includes a statement to the effect that the high lysine corn line LY038 has been genetically modified to contain increased levels of lysine.

(4) The table for this subsection is:

Food produced using gene technology