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This is a Bill, not an Act. For current law, see the Acts databases.


FOOD STANDARDS AMENDMENT (TRUTH IN LABELLING-GENETICALLY MODIFIED MATERIAL) BILL 2010

2010
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Food Standards Amendment (Truth in
Labelling--Genetically Modified
Material) Bill 2010
No. , 2010
(Senators Xenophon and Siewert)
A Bill for an Act to provide for the accurate
labelling of food with genetically modified material,
and for related purposes
i Food Standards Amendment (Truth in Labelling--Genetically Modified Material) Bill 2010
No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
4
Purpose of Act ................................................................................... 2
Schedule 1-- Amendment of the Food Standards Australia
New Zealand Act 1991
3
Food Standards Amendment (Truth in Labelling--Genetically Modified Material) Bill 2010
No. , 2010 1
A Bill for an Act to provide for the accurate
1
labelling of food with genetically modified material,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Food Standards Amendment (Truth in
6
Labelling--Genetically Modified Material) Act 2010.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2 Food Standards Amendment (Truth in Labelling--Genetically Modified Material) Bill
2010 No. , 2010
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 4
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in Column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
4 Purpose of Act
13
The purpose of this Act is to require producers, manufacturers and
14
distributors of food to label all products that contain genetically
15
modified material.
16
17
Amendment of the Food Standards Australia New Zealand Act 1991
Food Standards Amendment (Truth in Labelling--Genetically Modified Material) Bill 2010
No. , 2010 3
Schedule 1-- Amendment of the Food
1
Standards Australia New Zealand Act
2
1991
3
4
1 After section 16
5
Insert:
6
16C Matters for which amendment of standard must be developed
7
and approved--genetically modified material
8
(1) The Authority must, within 6 months after the commencement of
9
this section develop and approve standard (a GM food labelling
10
standard) to prescribe that producers, manufacturers and
11
distributors of food containing genetically modified material must
12
list that material as an ingredient of the food on the food's label,
13
irrespective of:
14
(a) the amount of genetically modified material in the food; and
15
(b) the manner in which the genetically modified material made
16
its way into the food; and
17
(c) the fact that the food was not intended to contain genetically
18
modified material.
19
(2) The first GM food labelling standard approved under
20
subsection (1) is not subject to section 18 (Objectives of the
21
Authority in developing or reviewing food regulatory measures and
22
variations of food regulatory measures) or Part 3 (Food regulatory
23
measures), particularly Division 3 (Council may request a review
24
of approved draft standard etc.) and sections 102 to 106.
25
(3) Subsection (2) does not prevent the Authority from:
26
(a) revoking a GM food labelling standard and developing and
27
approving a new standard that complies with subsection (1)
28
to replace that standard; or
29
(b) developing and approving a variation of a GM food labelling
30
standard that complies with subsection (1).
31
Amendment of the Food Standards Australia New Zealand Act 1991
4 Food Standards Amendment (Truth in Labelling--Genetically Modified Material) Bill
2010 No. , 2010
(4) Part 3 (Food regulatory measures), apart from Division 3 (Council
1
may request a review of approved draft standard etc.) and
2
sections 102 to 106, applies to:
3
(a) a standard developed and approved under paragraph (3)(a);
4
and
5
(b) a variation of a standard developed and approved under
6
paragraph (3)(b).
7
(5) To avoid doubt, a GM food labelling standard must be in force at
8
all times after the first such standard comes into force.
9
16D Matters for which guidelines must be developed--exercise of
10
due diligence--genetic modification
11
(1) The Authority must, within 6 months after the commencement of
12
this section, develop guidelines in relation to the exercise of due
13
diligence by producers, manufacturers and distributors of GM-free
14
food for the prevention of contamination of such food by
15
genetically modified material (the due diligence guidelines).
16
(2) The due diligence guidelines must include but are not limited to
17
provisions about:
18
(a) verification of the chain of custody in relation to ingredients
19
used to produce GM-free food; and
20
(b) procurement or supply contract requirements for ingredients
21
for GM-free food; and
22
(c) verification of testing and the results of testing GM-free food:
23
(i) produced or manufactured in a high risk country; or
24
(ii) containing ingredients sourced from a high risk country.
25
(3) In any proceedings against a person for a State or Territory offence
26
based on a breach of the labelling provisions of a standard
27
approved under section 16C, it is a defence if the person complied
28
with, or took reasonable steps to ensure compliance with, the due
29
diligence guidelines.
30
Note:
A defendant bears an evidential burden in relation to the matters in
31
subsection (3).
32
(4) In this section:
33
Amendment of the Food Standards Australia New Zealand Act 1991
Food Standards Amendment (Truth in Labelling--Genetically Modified Material) Bill 2010
No. , 2010 5
GM-free food means food not intended to contain genetically
1
modified material.
2
high risk country means any country which is likely to be a source
3
of food or ingredients contaminated by genetically modified
4
material and that is prescribed by the regulations for the purposes
5
of this section.
6
16E Matters for which guidelines must be developed--compliance
7
and testing--GM food labelling standard
8
The Authority must, within 6 months after the commencement of
9
this section, develop guidelines to assist agencies involved in the
10
compliance testing and enforcement of the Australia New Zealand
11
Food Standards Code in relation to a GM food labelling standard.
12

 


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