Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2018 (No. 4)

Administered by Department of Agriculture

Legislation au F2018L00466 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 2018 (No. 4)

 

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 2018 (No. 4) (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
Legislation 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 2018 (No. 4).

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. 

Item 3

Item 3 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 2018 (No. 4) was enacted to amend the MRL Standard by adjusting the maximum residue limits (MRLs) for agricultural and veterinary chemical products in food and feed commodities. This amendment was introduced by the Australian Pesticides and Veterinary Medicines Authority (APVMA), an independent statutory authority responsible for ensuring the safety of agvet chemicals in Australia. The policy objective of this amendment is to update MRLs based on the latest assessments and evaluations of agvet chemicals, ensuring that residues in produce do not pose any public health or safety concerns. The MRLs are established by the APVMA after evaluating the safety of agvet chemicals through residue trials and dietary exposure assessments, which confirm that the residues within the approved limits do not present health risks when the produce is consumed. The MRL Standard Amendment Instrument 2018 (No. 4) makes specific changes to the MRLs for various agricultural and veterinary chemicals in food and feed commodities, reflecting the outcomes of recent assessments by the APVMA. This amendment is intended to keep the regulatory standards up-to-date and aligned with the latest scientific evidence, thereby supporting the safe use of agvet chemicals in Australia. The MRL Standard, while a legislative instrument, is not subject to disallowance or sunsetting, and the APVMA intends to update it regularly to incorporate new and varied MRLs.

Scope and Application

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2018 (No. 4) applies to agricultural and veterinary chemicals used in Australia and is administered by the Australian Pesticides and Veterinary Medicines Authority (APVMA). The APVMA is responsible for ensuring that the use of these chemicals does not pose any risk to public health due to chemical residues. The MRL Standard, which sets maximum residue limits (MRLs) for these chemicals in various commodities, is amended through this instrument to reflect the results of recent safety assessments conducted by the APVMA. The MRLs are regulatory standards used to monitor compliance with the approved instructions for using these chemicals. This instrument does not apply to substances for which MRLs are not necessary, as determined by the APVMA. The MRL Standard is a legislative instrument that is not subject to disallowance or sunsetting, but the APVMA proposes to update it monthly to incorporate new and varied MRLs. The APVMA engages in public consultation as part of its evaluation process for the registration of new chemicals or major extensions of the use of existing products, during which 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 purpose of this Amendment Instrument is to amend the MRL Standard to set new and varied MRLs for agricultural and veterinary chemicals in food and animal feed commodities. The MRLs are established based on the results of residue trials and laboratory experiments, and are intended to legitimise the presence of small amounts of chemical residue in produce. The APVMA uses toxicological evaluation and dietary exposure assessment to examine the potential occurrence of adverse effects on human health when the produce is consumed. The MRLs approved by the APVMA and included in the MRL Standard do not present any public health and safety concerns. The MRL Standard is authorised by the Agricultural and Veterinary Chemicals Code, which is part of a co-operative scheme involving the Commonwealth and all States and Territories. The Amendment Instrument is not subject to disallowance or sunsetting, but the APVMA proposes to update the MRL Standard on a monthly basis to incorporate new and varied MRLs.

Key Provisions

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2018 (No. 4) amends the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 to update and vary the maximum residue limits (MRLs) for agricultural and veterinary chemical products. The MRLs are regulatory standards used to monitor the safe use of these chemicals, ensuring that residues in food and animal feed commodities do not pose a risk to public health (Section 1 and 3). The Amendment Instrument makes specific changes to the MRLs for chemicals in food commodities (Item 1), animal feed commodities (Item 2), and for substances where MRLs are not necessary (Item 3), based on recent assessments by the Australian Pesticides and Veterinary Medicines Authority (APVMA). The APVMA is required to establish MRLs for agricultural and veterinary chemicals as part of the process of approving these chemicals for use in Australia. The MRLs are determined based on the results of residue trials and laboratory experiments, and are set to ensure that the use of these chemicals does not result in residues that could be harmful to public health. The APVMA's assessment of the safety and performance of these chemicals includes a toxicological evaluation and a dietary exposure assessment to determine the potential health risks associated with the consumption of produce containing chemical residues (Subsection 6(1) of the Agricultural and Veterinary Chemicals Code). The MRLs are included in the APVMA's MRL Standard, which is regularly updated to reflect new assessments and changes in the use of these chemicals. The Amendment Instrument imposes obligations on the APVMA to regularly assess the safety and performance of agricultural and veterinary chemicals and to update the MRLs accordingly. The APVMA is also required to consult with the wider community as part of its evaluation process for the registration of new chemicals or major extensions of the use of existing products to new crops and target animals. Any concerns raised during the consultation phase are to be addressed as part of the registration and approval process. The MRL Standard is not subject to disallowance or sunsetting, but the APVMA proposes to amend it on a monthly basis to incorporate new and varied MRLs (Section 3). Breaches of the MRLs set by the APVMA and included in the MRL Standard may result in the chemical product being considered for non-compliance with the Agricultural and Veterinary Chemicals Code. While the MRL Standard itself does not impose specific offences, penalties, or consequences for breach, the broader Agricultural and Veterinary Chemicals Code and the Agricultural and Veterinary Chemicals (Administration) Act 1992 provide for a range of civil and criminal penalties for non-compliance with the Code, including fines and imprisonment. The maximum penalties for breaches of the Agricultural and Veterinary Chemicals Code are set out in the Code itself and may vary depending on the nature and severity of the breach.

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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.