Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 2)

Administered by Department of Agriculture

Legislation au F2013L00748 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Chief Executive Officer, Australian Pesticides and Veterinary Medicines Authority

 

Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012

 

Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 2)

 

The Australian Pesticides and Veterinary Medicines Authority (APVMA) is an independent statutory authority of the Commonwealth.  Amongst other things, the APVMA is responsible for ensuring agricultural and veterinary (agvet) chemicals used in Australia are not harmful to public health as a result of residues. 

Subsection 6(1) of the Agricultural and Veterinary Chemicals Code (Agvet Code), which is a Schedule to the Agricultural and Veterinary Chemicals Code Act 1994, expressly authorises the APVMA to give an approval where the Agvet Code merely refers to an approval given by the APVMA.  Paragraph 14(5)(f) of the Agvet Code refers to limits that the APVMA has approved or approves for residues of agvet chemical products. Residues are defined in the relevant part in s 3(1) of the Agvet Code as remains persisting in or on a protected commodity. Section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Administration Act) requires the APVMA to publish in each calendar year approved standards for residues of chemical products in protected commodities. These limits are referred to by the APVMA and known as maximum residue limits (MRLs).

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 (MRL Standard) is made under the Agvet Code for the purposes of subsection 6(1) and the reference in paragraph 14(5)(f) of the Agvet Code, and published as a legislative instrument having regard to s 7A of the Administration Act. Subsection 32(1) of the Administration Act provides that the Chief Executive Officer is to manage the affairs of the APVMA and in doing so, may exercise any of the powers and perform any of the functions of the APVMA.

Purpose

The purpose of the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 2) (the Amendment Instrument) is to amend the Tables in the Schedule to set new and varied MRLs and make other changes to the Tables with respect to certain residue definitions, commodities and substances. The Amendment Instrument also makes other minor amendments to the MRL Standard to clarify its object and provide guidance concerning the use of residue definitions.

Assessment and Determination of MRLs

MRLs are regulatory standards which assist in monitoring whether agvet chemical products are used in accordance with the approved instructions.  If an MRL is exceeded, it usually indicates a misuse of the chemical but does not normally indicate a public health or safety concern.

In evaluating the safety and performance of agvet chemicals, the APVMA’s assessment also includes a determination of an MRL for the chemical in relation to relevant crops and animals.  The APVMA uses data from a series of residue trials and calculates whether the application of the minimum amount of chemical that is required to achieve effective pest or disease control will leave any residue in the plant or animal commodity.  In order to legitimise the presence of these residues, MRLs are established by the APVMA by entry into the APVMA’s MRL Standard, which is regularly updated when new assessments indicate the need to establish new or varied MRLs.

If there are small amounts of chemical residue in produce, the APVMA uses the toxicological evaluation and the dietary exposure assessment to examine the potential occurrence of adverse effects on human health when the produce is consumed. 

Dietary exposure assessments undertaken by the APVMA as part of the registration of the relevant agvet chemical products indicate that the MRLs approved by the APVMA and included in the MRL Standard do not present any public health and safety concerns.

Regulatory Impact Assessment

On 22 November 2012, the Office of Best Practice Regulation provided an exemption from the need to assess if a Regulatory Impact Statement is required for the approvals of MRLs by the APVMA. The MRLs are an essential consequence of the decision by the APVMA to register agvet chemical products (or to extend their approved label instructions) or to issue a permit in relation to an agvet chemical product.  The setting of an MRL and its inclusion in the MRL Standard is a science-based outcome arising from these decisions and for which there is only very limited discretion on the part of the APVMA decision maker. 

The setting of MRLs by the APVMA and their inclusion in the MRL Standard is unlikely to have any impact on the States, other regulatory agencies, business including primary producers, individuals, or the economy.  Primary producers understand the need to use only registered agvet chemical products and to use those products strictly in accordance with approved instructions.  In doing so, produce grown will be within the MRLs set by the APVMA and included in the APVMA’s MRL Standard. 

Consultation

The APVMA seeks the wider community’s involvement through public consultation as part of its evaluation process for the registration of new agvet chemicals or a major extension of the use of existing products to new crops and target animals.  During this consultation phase any person may comment or raise concerns about any relevant aspect of the intended registration, sale and use of the chemical product, including proposed MRLs and the dietary exposure assessment.  The APVMA addresses any concerns that are raised as part of the registration and approval process. 

Disallowance and Sunsetting and the Updating of the MRL Standard

Although the MRL Standard is a legislative instrument for the purposes of the Legislative Instruments Act 2003, pursuant to subsections 44(1) and 54(1) it is neither subject to disallowance nor sunsetting.  The Agvet Code is part of a co-operative scheme involving the Commonwealth and all States and Territories; and the MRL Standard is authorised by the Agvet Code.  The APVMA proposes to amend the MRL Standard on a monthly basis to incorporate new and varied MRLs. 

Details of the Amendment Instrument are set out below:

Section 1

This section provides that the Amendment Instrument is named the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 2).

Section 2

This section provides that the Amendment Instrument commences on the day after it is registered.

Section 3

This section provides that Schedule 1 of the Amendment Instrument amends the MRL Standard.

 

SCHEDULE 1 Amendments

Item 1

Item 1 amends Table 1 of the Schedule to vary the MRLs of agricultural and veterinary chemicals and associated substances in food commodities. These variations are made consequent upon the results of recent assessments by the APVMA of the safety and performance of agvet chemicals. 

Item 2

Item 2 amends Table 3 of the Schedule to vary the residue definitions for certain compounds.  These variations are made consequent upon the results of recent assessments by the APVMA of the safety and performance of agvet chemicals. 

Item 3

Item 3 amends Table 4 of the Schedule to vary the MRLs for pesticides in animal feed commodities. These variations are made consequent upon the results of recent assessments by the APVMA of the safety and performance of agvet chemicals. 


STATEMENT OF COMPATIBILITY FOR A LEGISLATIVE INSTRUMENTTHAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 2) was enacted to amend the maximum residue limits (MRLs) for agricultural and veterinary chemical products used in Australia, as set by the Australian Pesticides and Veterinary Medicines Authority (APVMA). The APVMA is an independent statutory authority responsible for ensuring these chemicals do not pose a risk to public health due to residues. The instrument was developed under the Agricultural and Veterinary Chemicals Code (Agvet Code), a schedule to the Agricultural and Veterinary Chemicals Code Act 1994, which empowers the APVMA to establish and adjust MRLs. The purpose of this Amendment Instrument is to update the MRLs and residue definitions for certain substances in response to recent assessments of the safety and performance of agvet chemicals by the APVMA. The instrument also aims to clarify its object and provide guidance on the use of residue definitions. The APVMA uses a science-based approach to determine MRLs, ensuring that any residues present in produce do not pose public health concerns.

Scope and Application

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 2) pertains to the regulation of maximum residue limits (MRLs) for agricultural and veterinary chemicals used in Australia. This legislative instrument applies to the Australian Pesticides and Veterinary Medicines Authority (APVMA) which is responsible for ensuring that the use of these chemicals does not result in residues that are harmful to public health. The MRLs are regulatory standards that monitor the use of these chemicals and are established based on scientific assessments conducted by the APVMA. These assessments include determining the safe levels of chemical residues in plant and animal commodities, and evaluating the potential health risks through dietary exposure assessments. The MRL Standard is not subject to disallowance or sunsetting but is updated regularly to reflect new assessments. The purpose of the Amendment Instrument is to revise MRLs and residue definitions in the MRL Standard in response to recent evaluations of the safety and performance of agvet chemicals. The APVMA engages with the broader community during the registration process, allowing for public consultation on proposed MRLs and other aspects of chemical use. The MRL Standard is authorised by the Agricultural and Veterinary Chemicals Code, part of a cooperative scheme involving the Commonwealth, states, and territories.

Key Provisions

The main operative sections of the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 2) are sections 1, 2, and 3, which together define the amendment instrument's name, commencement, and the specific amendments to be made to the MRL Standard. Section 1 names the Amendment Instrument, while section 2 states that it will commence the day after its registration. Section 3 specifies that Schedule 1 of the Amendment Instrument will amend the MRL Standard. The amendments, detailed in Schedule 1, involve changes to Tables 1, 3, and 4 of the Schedule to reflect new or varied maximum residue limits (MRLs) for agricultural and veterinary chemicals in food and animal feed commodities, as well as alterations to residue definitions for certain compounds. The obligations and requirements imposed by the Amendment Instrument on parties or entities governed by it primarily concern the Australian Pesticides and Veterinary Medicines Authority (APVMA). The APVMA is mandated to set MRLs for agricultural and veterinary chemicals based on scientific assessments of their safety and performance, ensuring that any residues in produce do not present public health concerns. The MRLs are established through data from residue trials and toxicological evaluations. The APVMA must also regularly update the MRL Standard to incorporate these new or varied MRLs, typically on a monthly basis. Additionally, the APVMA engages with the wider community through public consultation during the evaluation process for new agvet chemicals or significant extensions of existing products, addressing any concerns raised about proposed MRLs and dietary exposure assessments. Breaches of the MRLs set forth in the MRL Standard could lead to civil or criminal consequences, though specific offences and penalties are not detailed within the Amendment Instrument itself. The Agvet Code and related legislation, such as the Agricultural and Veterinary Chemicals (Administration) Act 1992, would outline the specific offences and penalties for non-compliance. Generally, exceeding an MRL may indicate misuse of agvet chemicals but does not necessarily signify a public health or safety issue. The APVMA's assessments ensure that approved MRLs do not present any public health concerns. However, the broader legislative framework would provide details on any administrative, civil, or criminal penalties that could apply to those who do not adhere to the approved MRLs or other regulatory requirements set by the APVMA.

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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.