Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2014 (No. 6)

Administered by Department of Agriculture

Legislation au F2014L00625 Not in force Legislative Instrument

Legislation content

 

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 2014 (No. 6)

 

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 2014 (No. 6) (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 2014 (No. 6).

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 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 INSTRUMENT
THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2014 (No. 6) was enacted to amend the maximum residue limits (MRLs) of agricultural and veterinary chemicals in Australia, ensuring they do not pose a risk to public health. This amendment instrument was created under the authority of the Australian Pesticides and Veterinary Medicines Authority (APVMA), an independent statutory authority of the Commonwealth responsible for regulating agvet chemicals. The purpose of the Amendment Instrument is to update the MRLs in the MRL Standard, reflecting recent safety assessments and ensuring the continued protection of public health by setting scientifically-based MRLs. These MRLs are established based on rigorous evaluations and dietary exposure assessments, confirming that residues within these limits do not present a public health concern. The APVMA regularly updates the MRL Standard in accordance with its regulatory obligations, ensuring it remains current and reflective of the latest scientific data.

Scope and Application

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2014 (No. 6) applies to the Australian Pesticides and Veterinary Medicines Authority (APVMA) and is instrumental in regulating agricultural and veterinary (agvet) chemicals used in Australia. This legislation aims to ensure that the use of these chemicals does not pose a risk to public health due to chemical residues. The Act applies to all entities involved in the production, sale, and use of agvet chemicals, including primary producers, chemical manufacturers, and distributors. The MRL Standard sets maximum residue limits (MRLs) for chemical residues in food and animal feed commodities, which are essential for monitoring compliance with approved chemical use instructions. The MRLs are determined based on scientific assessments, including residue trials and dietary exposure assessments. The scope of this legislation is national, as it is a Commonwealth instrument under the Agricultural and Veterinary Chemicals Code, which is part of a cooperative scheme involving all States and Territories. The MRL Standard is updated monthly to reflect new or varied MRLs approved by the APVMA. Notably, this legislative instrument is neither subject to disallowance nor sunsetting, ensuring its ongoing applicability and effectiveness.

Key Provisions

The main operative sections of the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2014 (No. 6) concern the amendment of maximum residue limits (MRLs) for agricultural and veterinary chemicals in various commodities, as established by the Australian Pesticides and Veterinary Medicines Authority (APVMA) (s. 1-3). These sections are integral to ensuring that MRLs reflect the latest scientific evaluations and safety assessments of these chemicals, thereby protecting public health and maintaining the integrity of the food and feed supply chain. The amendment of MRLs in the Schedule is based on recent assessments conducted by the APVMA, which include toxicological evaluations and dietary exposure assessments to determine the safe levels of chemical residues in food and feed commodities (s. 1, Item 1-2). The obligations imposed on the parties and entities governed by this legislation are primarily on the APVMA, which must assess the safety and performance of agricultural and veterinary chemicals to determine appropriate MRLs. These MRLs must be scientifically based and reflect the minimum amount of chemical required for effective pest or disease control, while ensuring that any residues present in commodities do not pose a public health risk (s. 7A, Agvet Code; s. 6(1), Agvet Code). The APVMA is also mandated to publish approved MRLs annually and to update them as necessary based on new assessments. Furthermore, the APVMA must engage in public consultation during the registration and approval process of new or extended uses of agvet chemicals, allowing stakeholders to comment on proposed MRLs and dietary exposure assessments (s. 14(5)(f), Agvet Code). Breach of the provisions set out in the MRL Standard may result in civil or criminal penalties depending on the nature and severity of the non-compliance. Under the Agricultural and Veterinary Chemicals (Administration) Act 1992, the APVMA can impose administrative penalties for non-compliance with MRLs or other provisions related to the use of agvet chemicals. These penalties can include fines for individuals and corporations, and in severe cases, criminal charges may be brought against those responsible for significant breaches that endanger public health. Additionally, the APVMA has the authority to take enforcement actions, such as seizing non-compliant products or revoking the approval of agvet chemicals if they are found to be unsafe. The precise penalties and enforcement actions depend on the specific circumstances of the breach and are determined in accordance with the relevant legislation and regulations.

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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.