Australia New Zealand Food Standards Code – Schedule 26 – Food produced using gene technology (Cth)

Schedule 26 Food produced using gene technology

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(5)(c) and (6)(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. soy leghemoglobin preparation means a cell lysate preparation that: (a) is derived from Pichia pastoris containing the gene for leghemoglobin c2 from Glycine max; and (b) contains soy leghemoglobin. 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) and the table to subsection (7) list permitted food produced using gene technology. (2) Items 1(g), 1(i), 2(m), 7(e), (g) and (h), and 9(a) of the table to subsection (4) are subject to the condition that their labelling must comply with section 1.5.2—4.. Note That section requires the statement 'genetically modified'. (2A) Products containing beta-carotene from item 6(b) of the table to subsection (4) are subject to the condition that their labelling must comply with section 1.5.2—4. (3) Item 2(m) of the table to subsection (4) 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 of plant origin. Commodity Food derived from: 1 Canola (a) herbicide-tolerant canola line GT73 (b) herbicide-tolerant canola lines Topas 19/2 and T45 and herbicide-tolerant and pollination-controlled lines Ms1, Ms8, Rf1, Rf2, Rf3 (c) herbicide-tolerant canola line Westar-Oxy-235 (d) herbicide-tolerant canola line MON88302 (e) herbicide-tolerant canola line DP-073496-4 (f) herbicide-tolerant canola line MS11 (g) DHA canola line NS-B50027-4, subject to the condition that oil derived from DHA canola line NS-B50027-4 must not be used as an ingredient in infant formula products (see subsection (2)) (h) herbicide-tolerant canola line MON94100 (i) EPA and DHA producing and herbicide-tolerant canola line LBFLFK, subject to the condition that oil derived from EPA and DHA producing and herbicide-tolerant canola line LBFLFK must not be used as an ingredient in infant formula products (see subsection (2))