Agricultural Produce (Chemical Residues) Amendment Regulations 2006 (WA)

11 August 2006 GOVERNMENT GAZETTE, WA 2977

AG301*

Agricultural Produce (Chemical Residues) Act 1983

Agricultural Produce (Chemical Residues)

Amendment Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Agricultural Produce (Chemical
Residues) Amendment Regulations 2006.

2.            The regulations amended

The amendments in these regulations are to the Agricultural
Produce (Chemical Residues) Regulations 1985*.

[* Reprinted as at 9 November 2001.

For amendments to 16 June 2006 see Western Australian Legislation Information Tables for 2005, Table 4, p. 12.]

the Agricultural and Veterinary Chemical Gazette

3.             Regulation 2AA amended

Regulation 2AA is amended by inserting in the appropriate alphabetical positions

44

"Food Standards Code" means the code published

under the name "Food Standards Code" in the
Commonwealth Food Standards Gazette on
27 August 1987 together with any amendments to
the standards in that Code up to and including

"Amendment 84";

"MRL Standard" means the "Maximum Residue

Limit Standard", listing maximum residue limits
set by the Australian Pesticides and Veterinary
Medicines Authority (APVMA) as published in

2978 GOVERNMENT GAZETTE, WA 11 August 2006

of the Commonwealth, together with any
amendments, as at February 2006;

4.            Regulation 2A replaced

Regulation 2A is repealed and the following regulation is inserted instead -

33  

2A. Agricultural chemicals
If a substance is -

(a)	defined as a "metal contaminant" in the Food Standards Code, Standard 1.4.1, clause 2; or
(b)	defined as a "chemical" in the Food Standards Code, Standard 1.4.2, clause 1(6) and listed in bold type in one of the shaded boxed in Schedule I of that Standard; or
(c)	listed as a "compound" in the MRL Standard Table 4; or
(d)	listed as in Schedule 3 to these regulations,

that substance is prescribed to be an "agricultural
chemical" for the purposes of the Act.

5.           Regulation 3 replaced

Regulation 3 is repealed and the following regulation is inserted instead -

3.            Maximum residue limits

(1) Subject to this regulation, the maximum residue limits

prescribed for agricultural chemicals in agricultural

produce are those set Out in -
(a)	the Table to clause 2 of the Food Standards Code, Standard 1.4.1; or
(b)	Schedule 1 of the Food Standards Code, Standard 1.4.2; or
(c)	Table 4 to the MRL Standard.

(2) Where there is no maximum residue limit prescribed

for an agricultural chemical in agricultural produce
under subregulation (1), the maximum residual limit is
zero.

(3) Where mixed agricultural produce listed in a Schedule or Table referred to in subregulation (1) contains more than one kind of agricultural produce listed under or

against an agricultural chemical, then the following
formulae are to be used to calculate a maximum

11 August 2006 GOVERNMENT GAZETTE, WA 2979

residue limit (MRL) for the agricultural chemical in

relation to that mixed agricultural produce -

MRL C = Weigh! A MRL A + Weigh! B

x x MRL B

Total Weight Total Weight

Where -

MRL C = the MRL that applies to the agricultural

chemical in the mixed agricultural produce;

MRL A = the MRL for the agricultural chemical which

applies to agricultural produce A;

MRL B = the MRL for the agricultural chemical which

applies to agricultural produce B;

Total Weight = the total weight of the mixed

agricultural produce;

Weight A = the total weight of agricultural produce A; Weight B = the total weight of agricultural produce B. For a mixture of more than 2:

Weight i

MRL C= 11 x MRL I

1=1 Total Weight

(4) Where residues of 2 or more of the agricultural

chemicals listed in any one group of those specified in when the following formula is applied, the MRL levels are exceeded if the result (Z) is greater than 1.

Where 2 residues are present:

Concentration of chemical A present + Concentration of chemical B present = MRL for chemical A MRL for chemical B

Where more than 2 residues are present:

[i] =

1=1 MRL i

6. Schedule 2 repealed
Schedule 2 is repealed.

7.            Schedule 3 amended

Schedule 3 is amended as follows:

(a)	in Group B by deleting
"1,1 -Dichloro-2,2-bis-(4-ethylphenyl) ethane";
(b)	in Group D by deleting "Formetanate";

2980 GOVERNMENT GAZETTE, WA 11 August 2006

(c) by deleting Group E and inserting instead -

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Group E

Dithiocarbamates	prop ineb
(including —	thiram

ferbam	zineb
mancozeb	ziram)
maneb	Formetanate

(d) by deleting Group J and inserting instead -

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Group J
Carbendazim (including —

benomyl
thiophanate

thiophanate-methyl)

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.