Agricultural and Veterinary Chemicals Code Ingredient Determination 2015

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2015L00785 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

AGRICULTURAL AND VETERINARY CHEMICALS CODE INGREDIENT DETERMINATION 2015

 

 

 

The Agricultural and Veterinary Chemicals Code Act 1994 (Act) provides, within a Code set out in the Schedule to the Act (Agvet Code), a low regulatory scheme for agricultural and veterinary chemicals. Subsection 6(1) of the Act provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the Agvet Code to be prescribed by regulations or necessary or convenient to be prescribed by such regulations for carrying out or giving effect to the Agvet Code. The regulations made by the Governor-General are the Agricultural and Veterinary Chemicals Code Regulations 1995 (Regulations).

 

The recent amendments to the Regulations have simplified existing regulations relating to whether animal feed products are declared to be, or not to be, veterinary chemical products. These amendments provided that animal feeds that meet certain requirements for ingredients, labelling, claims and manufacture are not veterinary chemical products. Australian Pesticides and Veterinary Medicines Authority (APVMA) must make an ingredient determination to support the amendments to the Regulations. This Ingredient Determination authorises the constituent to be used , for the purpose or purposes set out in the heading of a Part of the Veterinary Chemicals Products (Excluded Stockfood Non-active Constituents) Order 1995 (SNAC Order) under which the constituent is specified, in all substances or mixtures of substances.

 

Subclause 9(1) of Schedule 3AA to the Code Regulations provides that the APVMA may, by legislative instrument, determine that one or more ingredients, or classes of ingredients, are authorised to be used in one or more classes or substances or mixtures of substances. Subclause 9(3) of Schedule 3AA to the Code Regulations provides that this power may be exercised on the APVMA’s own initiative.

 

Regulation 88(2) of the Regulations provides that ingredients currently listed in the Chemicals Products (Excluded Stockfood Non-active Constituents) Order 1995 (SNAC Order) are taken to be ingredients permitted in excluded nutritional or digestive products until ingredient determinations for those ingredients are made. Regulation 88 of the Regulations requires the APVMA to make an ingredient determination for all ingredients in the SNAC Order by 5 June 2015. It requires that the ingredient determination authorises all existing uses of an ingredient permitted under the SNAC Order.

 

The Agricultural and Veterinary Chemicals Code Ingredient Determination 2015 (Determination) fulfils the regulation 88(3) requirement. The Determination authorises the use of the ingredients that were listed on the former SNAC Order.

 

Sections 1 to 4 of the Determination set out preliminary details of the instrument, including the name of the determination and commencement. Section 5 provides that the constituents listed in the Schedule are authorised to be used for the purpose or purposes set out in the heading of a Part of the Schedule under which the constituent is specified, in all substances or mixtures of substances.

 

Regulatory impacts were considered as part of the recent amendments to the Agvet Code, in particular, the Agricultural and Veterinary Chemicals Legislation Amendment (Animal Feed Reform and Other Measures) Regulation 2015.  The Regularity Impact Statement prepared by the Department of Agriculture, Fisheries and Forestry, assessed by OBPR (OBPR reference 16908) and published on 29 October 2014 applies for the purpose of the making of this Determination. The purpose of this Determination is to support the legislative amendments. The Office of Best Practice Regulations was consulted about this Determination and has advised that no further analysis is required.

 

The Determination commences on the day after it is registered.

 

This Determination is a disallowable legislative instrument for the purposes of the Legislative Instruments Act 2003 (LI Act).

 

Public Consultation

This Determination implements the legislative reforms to the Regulations that resulted in the Agricultural and Veterinary Chemicals Legislation Amendment (Animal Feed Reform and Other Measures) Regulation 2015. As part of those amendments, extensive stakeholder consultation was undertaken by the Department of Agriculture, Fisheries and Forestry. All the reform options were open for comment. Specific consultation was not undertaken as this Determination directly reflects only that which was previously provided by the SNAC Order.

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Agricultural and Veterinary Chemicals Code Ingredient Determination 2015

 

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

This Determination authorises the constituent to be used, for the purpose or purposes set out in the heading of a Part of the SNAC Order under which the constituent is specified, in all substances or mixtures of substances. The Schedule to the Determination specifies the authorised constituent. These substances or mixtures of substances are regarded by relevant experts as posing no danger to animals, humans, non-target animals or the environment.

 

Human rights implications

 

This Determination engages the the right to health and a healthy environment (Article 12) in the International Covenant on Economic, Social and Cultural Rights (ICESCR). The United Nations Committee on Economic, Social and Cultural Rights has interpreted Article 12 to extend to the underlying determinants of health, including a healthy environment.

 

This Determination engages and promotes the right to health in Article 12 of the ICESCR by limiting the use of ingredients in one or more classes of excluded nutritional or digestive products to ones recognized as appropriate for animal feeds having regard to the likelihood of residues that may impact human health.

 

This Determination does not otherwise engage any of the applicable rights or freedoms.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it promotes the right to health and a healthy environment through controlling ingredients of feed fed to food producing animal species and does not otherwise raise any human rights issues.

 

Overview

The Agricultural and Veterinary Chemicals Code Ingredient Determination 2015 was enacted to support the legislative amendments that simplified the regulation of animal feed products under the Agricultural and Veterinary Chemicals Code Act 1994. This Determination was introduced by the Australian Pesticides and Veterinary Medicines Authority (APVMA) to align with the changes made by the Agricultural and Veterinary Chemicals Legislation Amendment (Animal Feed Reform and Other Measures) Regulation 2015, which aimed to streamline the regulatory requirements for animal feed products that do not qualify as veterinary chemical products. The Determination was made in accordance with the powers vested in the APVMA by Schedule 3AA of the Agricultural and Veterinary Chemicals Code Regulations 1995, specifically to authorise the use of certain ingredients in animal feed products. The policy objective of this Determination is to ensure that the ingredients used in animal feed products are safe and do not pose a risk to animal or human health, or to the environment. The Determination authorises the use of specific ingredients listed in the Schedule, for the purposes outlined in the Veterinary Chemicals Products (Excluded Stockfood Non-active Constituents) Order 1995, in all substances or mixtures of substances. This legislative instrument was developed in consultation with stakeholders and in line with the Regulatory Impact Statement prepared by the Department of Agriculture, Fisheries and Forestry, ensuring that the amendments to the Code effectively address the identified regulatory gap while promoting animal and human health. The Determination is compatible with human rights, particularly the right to health and a healthy environment, by ensuring that only ingredients deemed safe for animal feed are authorised for use.

Scope and Application

The Agricultural and Veterinary Chemicals Code Ingredient Determination 2015 applies to the ingredients listed in the Schedule of the Determination, which were previously specified in the Chemicals Products (Excluded Stockfood Non-active Constituents) Order 1995. These ingredients are authorised for use in substances or mixtures of substances intended for animal feed that are not classified as veterinary chemical products, as per the amended Agricultural and Veterinary Chemicals Code Regulations 1995. The Determination is applicable to all entities and persons involved in the manufacture, labelling, and distribution of animal feed products in Australia, ensuring that these products comply with the regulatory standards set by the Australian Pesticides and Veterinary Medicines Authority (APVMA). The Determination has a national jurisdictional reach across Australia and is made in accordance with the Agricultural and Veterinary Chemicals Code Act 1994 and the Agricultural and Veterinary Chemicals Code Regulations 1995. The Determination does not include any specific exclusions or thresholds but operates under the broader framework provided by the Agvet Code and the Regulations. Any further application or restriction of the Determination may be outlined through subordinate instruments made by the APVMA.

Key Provisions

The Agricultural and Veterinary Chemicals Code Ingredient Determination 2015 primarily aims to facilitate the legislative reforms made to the Agricultural and Veterinary Chemicals Code Act 1994 (Act) and its associated regulations, particularly those concerning animal feed products. Section 1 of the Determination establishes the name and scope of the instrument, while Section 5 specifies that the ingredients listed in the Schedule are authorised for use in substances or mixtures of substances, provided their use aligns with the purposes outlined in the headings of the parts of the Veterinary Chemicals Products (Excluded Stockfood Non-active Constituents) Order 1995 (SNAC Order) under which they are specified. These ingredients are deemed safe by relevant experts and do not pose risks to animals, humans, non-target animals, or the environment. The Determination imposes certain obligations on parties and entities governed by the Agricultural and Veterinary Chemicals Code. These entities must ensure that any ingredients used in substances or mixtures of substances comply with the authorisations specified in the Determination. This involves adhering to the conditions and purposes set out in the headings of the parts of the SNAC Order. Manufacturers and suppliers of animal feed products must also ensure that the ingredients they use are listed in the Schedule of the Determination and that their use aligns with the specified purposes. Compliance with these provisions is essential to avoid any regulatory issues and to ensure the safety of the feed products. Breaches of the provisions outlined in the Determination may result in various consequences. The specific offences, penalties, or civil and criminal consequences are not explicitly detailed in the Determination itself, but they are governed by the overarching Agricultural and Veterinary Chemicals Code Act 1994. Under this Act, non-compliance can lead to significant penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties can vary, but they are designed to enforce adherence to the safety standards and regulatory requirements set forth by the Act. Ensuring compliance is therefore crucial to avoid facing these potential legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.