Document ID: chunk:federal_register_of_legislation:F2018C00169:body:0:p2
Version: federal_register_of_legislation:F2018C00169
Segment Type: other
Provision Reference: 
Character Range: 2570–5265

section applies to a food for sale that consists of, or has as an ingredient, food that is a genetically modified food, unless:
 (a) the genetically modified food:
 (i) has been highly refined where the effect of the refining process is to remove novel DNA or novel protein; and
 (ii) is not listed in section S26—3 as subject to the condition that its labelling must comply with this section; or
 (b) both of the following are satisfied:
 (i) the genetically modified food is a substance *used as a processing aid or *used as a food additive in the food in accordance with this Code;
 (ii) no novel DNA or novel protein from the substance remains present in the food; or
 (c) the genetically modified food is a *flavouring substance that is present in the food in a concentration of no more than 1 g of flavouring/kg of food; or
 (d) the genetically modified food is:
 (i) unintentionally present in the food; and
 (ii) present in an amount of no more than 10 g in a kilogram of each ingredient; or
 (e) the food is:
 (i) intended for immediate consumption; and
 (ii) prepared and sold from food premises and vending vehicles, including restaurants, take away outlets, caterers, or self-catering institutions.
 (2) For the labelling provisions, the information relating to *foods produced using gene technology includes the statement 'genetically modified' in conjunction with the name of the genetically modified food.
 Note The labelling provisions are set out in Standard 1.2.1. Labelling provisions apply to both packaged and unpackaged foods produced using gene technology.
 (3) If the genetically modified food is an ingredient, *used as a food additive or *used as a processing aid the information may be included in the statement of ingredients.
 Example Ingredients: Soy Protein Isolate (genetically modified).
 (4) To avoid doubt, this Code does not require any statement about the genetic status of a food or one of its ingredients other than as required by this section or by a condition in Schedule 26.
 (5) In this section:
novel DNA and novel protein mean DNA or 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 that has not been produced using gene technology, other than protein that:
 (a)  is *used as a processing aid or *used as a food additive; and
 (b) has an amino acid sequence that is found in nature.
genetically modified food means a *food produced using gene technology that
  (a) contains novel DNA or novel protein; or
 (b) is listed in Section S26—3 as subject to the condition that its labelling must comply with this section.
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Amendment