Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 7)

Administered by Department of Agriculture

Legislation au F2013L01755 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. 7)

 

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. 7) (the Amendment Instrument) is to amend the Tables in the Schedule to set new and varied MRLs and make other changes to the Tables.

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. 7).

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 5 of the Schedule to vary the uses to which certain substances may be put for which MRLs are not necessary. 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 INSTRUMENT
THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 7) was enacted to amend the maximum residue limits (MRLs) for agricultural and veterinary chemicals in Australia. This legislative instrument was made by the Australian Pesticides and Veterinary Medicines Authority (APVMA), an independent statutory authority of the Commonwealth, under the authority of the Agricultural and Veterinary Chemicals Code (Agvet Code) and the Agricultural and Veterinary Chemicals (Administration) Act 1992. The primary objective of this amendment is to update and revise the MRLs to reflect the most recent safety assessments conducted by the APVMA. By doing so, the APVMA aims to ensure that the residues of agricultural and veterinary chemicals in food commodities do not pose any public health or safety risks, thereby maintaining the integrity of the Australian agricultural sector and protecting consumer health. The MRLs are essential regulatory standards established by the APVMA to monitor the safe use of agricultural and veterinary chemicals. These limits are determined based on scientific evaluations and residue trials, ensuring that the application of these chemicals in the minimum required amounts will not exceed the established MRLs. The APVMA also conducts dietary exposure assessments to evaluate the potential health effects of consuming produce with chemical residues within the approved MRLs. This amendment responds to recent assessments by incorporating new or varied MRLs for specific chemicals and substances, reflecting the APVMA's commitment to maintaining high safety standards and providing transparent, science-based regulations for the use of agricultural and veterinary chemicals in Australia.

Scope and Application

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 7) pertains to the regulation of maximum residue limits (MRLs) for agricultural and veterinary chemicals in Australia. This instrument applies to the Australian Pesticides and Veterinary Medicines Authority (APVMA), which is responsible for ensuring that these chemicals do not pose a risk to public health through chemical residues. The APVMA sets MRLs in accordance with its assessment of the safety and performance of the chemicals, and these limits are incorporated into the MRL Standard. The MRLs are science-based outcomes that do not generally affect states, other regulatory agencies, businesses, or the economy, as they are an integral part of the registration and approval process for agvet chemicals. The MRL Standard is not subject to disallowance or sunsetting, and it is updated monthly by the APVMA to reflect new and varied MRLs. The instrument exempts MRLs from the need for a Regulatory Impact Statement, and it allows for public consultation during the registration process for new or extended use of agvet chemicals.

Key Provisions

The main operative sections of the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 7) (Amendment Instrument) are primarily found in Section 1, which names the instrument, and Section 3, which details the amendments made to the MRL Standard through Schedule 1. Section 1 establishes the name of the instrument as the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 7), clarifying its identity and purpose. Section 2 states that the Amendment Instrument will commence the day after it is registered, setting the effective date for its implementation. Section 3 specifies that Schedule 1 of the Amendment Instrument amends the MRL Standard, providing the legal basis for the changes. Schedule 1 details the specific amendments, including variations to maximum residue limits (MRLs) in Table 1 and changes to the uses of certain substances for which MRLs are not necessary in Table 5. These amendments are based on recent assessments by the Australian Pesticides and Veterinary Medicines Authority (APVMA) of the safety and performance of agricultural and veterinary (agvet) chemicals. The obligations imposed by the Amendment Instrument on the APVMA and other relevant parties primarily focus on the establishment and maintenance of MRLs for agvet chemicals. The APVMA is required to conduct thorough assessments of agvet chemicals to determine appropriate MRLs, ensuring that the residues left by these chemicals do not pose public health risks. This involves evaluating residue trials and calculating the residue levels that result from the minimum effective use of the chemicals. Additionally, the APVMA must consult with the public during the evaluation process for new agvet chemicals or significant extensions of existing product uses, allowing for community input on proposed MRLs and dietary exposure assessments. The Amendment Instrument also mandates that the APVMA regularly update the MRL Standard to incorporate new and varied MRLs based on ongoing assessments. The Amendment Instrument does not explicitly outline offences, penalties, or specific consequences for breach within its text. However, breaches of the Agricultural and Veterinary Chemicals Code (Agvet Code), under which the MRL Standard operates, could lead to civil or criminal penalties. For example, under Section 32 of the Agricultural and Veterinary Chemicals (Administration) Act 1992, the APVMA can impose fines and other penalties for non-compliance with the Agvet Code, including the MRL Standard. The exact penalties would depend on the nature and severity of the breach, but they could include significant fines for individuals and corporations. The Agvet Code and related legislation provide the framework within which these penalties and consequences are applied, ensuring that agvet chemicals used in Australia do not harm public health due to residues.

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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.