Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2018 (No. 5)

Administered by Department of Agriculture

Legislation au F2018L00586 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. 5)

 

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. 5) (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. 5).

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 2018 (No. 5) was introduced to amend the MRL Standard under the Agricultural and Veterinary Chemicals Code, which is a Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. The MRL Standard, overseen by the Australian Pesticides and Veterinary Medicines Authority (APVMA), is an independent statutory authority responsible for ensuring that agricultural and veterinary chemicals used in Australia do not pose a risk to public health due to residues. This Amendment Instrument was enacted to update the maximum residue limits (MRLs) for agricultural and veterinary chemicals in food and animal feed commodities, reflecting the latest assessments of the safety and performance of these chemicals. The APVMA regularly updates MRLs based on scientific evaluations, ensuring that the residues present in produce do not pose public health risks when consumed. The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2018 (No. 5) was developed by the APVMA in accordance with the requirements of the Agricultural and Veterinary Chemicals (Administration) Act 1992. The purpose of the Amendment Instrument is to adjust the MRLs and residue definitions in the MRL Standard, thereby aligning them with the latest safety assessments of agricultural and veterinary chemicals. This ensures that the regulatory standards for monitoring chemical residues in produce remain current and effective in protecting public health. The Amendment Instrument was subject to public consultation, allowing stakeholders to comment on the proposed changes before finalisation.

Scope and Application

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2018 (No. 5) is an instrument made under the Agricultural and Veterinary Chemicals Code, which is a Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. The purpose of this instrument is to amend the MRL Standard to set new and varied maximum residue limits (MRLs) for agricultural and veterinary (agvet) chemical products in food commodities, animal feed commodities, and for certain compounds. The MRLs are established by the Australian Pesticides and Veterinary Medicines Authority (APVMA), an independent statutory authority of the Commonwealth, to ensure that the residues of agvet chemicals do not present any public health or safety concerns. The MRL Standard applies to all entities and individuals involved in the use of agvet chemicals in Australia, including primary producers, businesses, and individuals. The MRL Standard is a legislative instrument for the purposes of the Legislation Act 2003 but is neither subject to disallowance nor sunsetting. The APVMA proposes to amend the MRL Standard on a monthly basis to incorporate new and varied MRLs, which are made consequent upon the results of recent assessments by the APVMA of the safety and performance of agvet chemicals. The Amendment Instrument amends the MRL Standard by varying the MRLs of agricultural and veterinary chemicals and associated substances in food commodities, varying the residue definitions for certain compounds, varying the MRLs for pesticides in animal feed commodities, and varying the uses to which certain substances may be put for which MRLs are not necessary. 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 MRLs are approved by the APVMA and included in the MRL Standard, which is regularly updated when new assessments indicate the need to establish new or varied MRLs. The MRLs are not likely 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. 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.

Key Provisions

The Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2018 (No. 5) amends the MRL Standard to establish new and varied maximum residue limits (MRLs) for agricultural and veterinary chemical products. This Amendment Instrument, which amends the MRL Standard, is made under the authority of the Agricultural and Veterinary Chemicals Code (Agvet Code) and is published in accordance with Section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992. The MRL Standard is a legislative instrument that serves as the reference point against which residues of agvet chemical products are assessed for safety purposes. This role is unchanged by the recent amendments to the Agvet Code, and the MRL Standard continues in force as per the Amending Act. The Amendment Instrument includes specific changes to the MRL Standard, primarily through amendments to various tables. For example, Item 1 of Schedule 1 varies the MRLs for agricultural and veterinary chemicals in food commodities, reflecting recent safety assessments by the Australian Pesticides and Veterinary Medicines Authority (APVMA). Similarly, Item 2 modifies residue definitions for certain compounds, and Item 3 adjusts MRLs for pesticides in animal feed commodities. These changes ensure that MRLs are consistent with current scientific understanding and regulatory standards. The MRL Standard is updated on a monthly basis to incorporate these new and varied MRLs. The APVMA is obligated to ensure that MRLs for agvet chemicals are safe for public health and do not exceed levels that could pose a risk. The process involves evaluating data from residue trials and conducting toxicological and dietary exposure assessments. The MRL Standard must be updated regularly to reflect the latest assessments and regulatory decisions. This ensures that the MRLs set by the APVMA are science-based and appropriate for protecting public health. Breaching the MRLs set by the APVMA can lead to serious consequences. If an MRL is exceeded, it typically indicates misuse of the chemical product, which can result in legal action. Although exceeding an MRL does not normally indicate a public health concern, non-compliance can lead to penalties under the Agricultural and Veterinary Chemicals Code. The APVMA has the authority to take enforcement actions, which can include fines, product recalls, and other regulatory measures. The exact penalties depend on the severity and circumstances 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.