Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2015 (No. 9)

Administered by Department of Agriculture

Legislation au F2015L01556 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 2015 (No. 9)

 

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.  Subparagraph 5A(3)(b)(iii) 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 subparagraph 5A(b)(iii) 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.

On 1 July 2014, the Agricultural and Veterinary Chemicals Legislation Act 2013 (the Amending Act) commenced, and made substantial amendments to the Agvet Code.  Despite those amendments, the function of the MRL Standard remains substantially the same.  Previously, it was made for the purposes of paragraph 14(5)(f) of the Agvet Code.  Now it is taken to be made for the purposes of subparagraph 5A(3)(b)(iii) of the Agvet Code.  Under each provision, the role of the MRL Standard is to provide the reference point against which the residues of a product, as determined by trials or laboratory experiments, are assessed for safety purposes.  The MRL Standard continues in force despite the amendments to the Agvet Code, pursuant to subitem 49(2) of Schedule 6 to the Amending Act.

Purpose

The purpose of the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2015 (No. 9) (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 2015 (No. 9).

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. 

Item 4

Item 4 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 2015 (No. 9) was enacted to address the need for regular updates to the maximum residue limits (MRLs) for agricultural and veterinary chemicals, ensuring these limits remain reflective of the latest safety assessments and performance evaluations conducted by the Australian Pesticides and Veterinary Medicines Authority (APVMA). This instrument amends the MRL Standard, which was established under the Agricultural and Veterinary Chemicals Code, and serves to incorporate new and varied MRLs as determined by the APVMA. The APVMA, an independent statutory authority of the Commonwealth, is responsible for ensuring that the use of agvet chemicals does not pose a risk to public health due to residues. The policy objective of this amendment is to maintain the safety and effectiveness of agvet chemicals in Australia by regularly updating MRLs based on the most recent scientific data. The Amendment Instrument was made under the authority of the Chief Executive Officer of the APVMA, reflecting the APVMA's mandate to manage the affairs of the APVMA and exercise its powers and perform its functions as necessary. The MRL Standard, which is neither subject to disallowance nor sunsetting, is updated on a monthly basis to ensure it incorporates the latest MRLs approved by the APVMA. This ensures that primary producers and other stakeholders are always informed of the latest regulatory standards for the safe use of agvet chemicals.

Scope and Application

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2015 (No. 9) applies to the Australian Pesticides and Veterinary Medicines Authority (APVMA), which is responsible for regulating agricultural and veterinary (agvet) chemicals used in Australia to ensure they do not pose a risk to public health through residues. This Act operates on a national level, as the APVMA is a Commonwealth statutory authority. The MRL Standard, which this Amendment Instrument modifies, sets the maximum residue limits (MRLs) for agvet chemical residues in food and animal feed commodities, acting as a reference point for determining the safety of residues. The MRLs established by the APVMA are based on scientific assessments and are included in the APVMA’s MRL Standard. This legislation neither extends nor restricts its application through subordinate instruments, and it is not subject to disallowance or sunsetting as it is part of a co-operative scheme involving the Commonwealth and all States and Territories. The MRL Standard is updated monthly to reflect new and varied MRLs determined by the APVMA.

Key Provisions

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2015 (No. 9) is an amendment to the MRL Standard, which sets the maximum residue limits (MRLs) for agricultural and veterinary chemicals in Australia. This amendment modifies the MRLs and residue definitions as determined by the Australian Pesticides and Veterinary Medicines Authority (APVMA) in the MRL Standard. Section 1 names the Amendment Instrument, Section 2 specifies the commencement date, and Section 3 amends Schedule 1 of the MRL Standard. The amendments are detailed in Schedule 1, which includes changes to Tables 1, 3, 4, and 5, reflecting recent safety assessments of agvet chemicals. The APVMA is mandated by Section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992 to publish approved MRLs annually for chemical products in protected commodities. The MRL Standard serves as the reference point against which residues of agvet chemicals are assessed for safety. The APVMA determines MRLs based on residue trials and toxicological evaluations, ensuring that residues in produce do not pose public health risks. The MRL Standard is updated monthly to incorporate new or varied MRLs. Despite the Agricultural and Veterinary Chemicals Legislation Act 2013 amending the Agricultural and Veterinary Chemicals Code, the MRL Standard remains in force and continues to operate under subparagraph 5A(3)(b)(iii) of the Code. The Amendment Instrument imposes specific obligations on the APVMA, including conducting assessments and evaluations to determine safe MRLs for agvet chemicals. It requires the APVMA to consult with the public during the evaluation process for new agvet chemicals or significant extensions of existing products. The APVMA must address any concerns raised by the public regarding the safety and dietary exposure assessments of agvet chemicals. Furthermore, the Amendment Instrument mandates that the APVMA propose monthly updates to the MRL Standard to reflect the latest assessment results. There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment Instrument itself. However, breaches of the Agricultural and Veterinary Chemicals Code or the MRL Standard could result in regulatory actions or sanctions under the broader framework of the Agricultural and Veterinary Chemicals Code Act 1994 and the Agricultural and Veterinary Chemicals (Administration) Act 1992. The APVMA has the authority to enforce compliance and take appropriate measures against entities or individuals who fail to adhere to the established MRLs or regulatory requirements.

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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.