Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 1) 2026

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2026L00213 Not in force Legislative Instrument

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Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 1) 2026

 

Explanatory Statement

Issued by the Australian Pesticides and Veterinary Medicines Authority

 

Introduction

The Australian Pesticides and Veterinary Medicines Authority (APVMA) is a statutory authority established under section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Admin Act).  The Admin Act implements the National Registration Scheme for Agricultural and Veterinary Chemicals (NRS) which is an intergovernmental scheme which facilitates the establishment and operation of the intergovernmental scheme for the national uniform regulation of agvet chemicals.

The APVMA’s functions and powers include administering the NRS, and exercising the powers and functions conferred on it by the Agricultural and Veterinary Chemicals Code, as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (Code).

A prerequisite to the exercise of many of the APVMA’s powers under the Code in relation to registrable chemical products is its satisfaction that a product meets the safety criteria, among others. ‘Meets the safety criteria’ is defined at section 5A.

Subsection 5A(3)(b) provides a number of matters to which the APVMA may have regard for the purpose of being satisfied as to whether a chemical product meets the safety criteria. Those include (at subparagraph (iii))—

whether any trials or laboratory experiments have been carried out to determine the residues of the product and, if so, the results of those trials or experiments and whether those results show that the residues of the product will not be greater than limits that the APVMA has approved or approves.

‘Residues’ is defined in section 3 of the Code to include, in relation to an active constituent for a proposed or existing chemical product or in relation to a chemical product, ‘any remains, persisting in or on a protected commodity’ of the active constituent or chemical product.

Section 7A of the Admin Act authorises the APVMA to approve standards for residues of chemical products in protected commodities. These standards are then administered, applied and enforced by the jurisdictions who regulate the use of chemical products.

The Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Instrument 2023 (2023 Instrument) approves by legislative instrument, standards for residues of chemical products in protected commodities in accordance with recent amendments made to section 7A of the Admin Act. The purpose of this instrument is to amend the 2023 Instrument so that it contains maximum residue limits required to support uses of agvet chemicals which have recently been approved by the APVMA.

How the maximum residues limits are determined

As part of its consideration in deciding whether to register a chemical product, the APVMA undertakes a comprehensive safety assessment.  An essential part of this is a residue risk assessment by the APVMA based on the uses proposed on the label. A key outcome of these assessments is the setting of a maximum residue limit (MRL) for a particular chemical in relation to nominated crops and animals.  An MRL is the maximum amount of a residue which would be expected if the agvet chemical product was used according to its label instructions approved by the APVMA. The acceptability of an MRL associated with a product use is based on a dietary risk assessment.

The setting of an MRL by the APVMA is a science-based outcome arising from these regulatory decisions.  There is only limited discretion on the part of the APVMA decision-maker in the establishment of an MRL, however a proposed MRL may be determined to be unacceptable based on anticipated human dietary exposure.

Process before instrument was made

Consultation before making

No additional public consultation was undertaken other than that which ordinarily occurs through the evaluation process of applications for registration and approval, which ultimately informs the maximum residue limits, was undertaken prior to making this instrument. Jurisdictions who regulate the use of chemical products, and reference the 2023 Instrument, are consulted as part of the evaluation process of applications for registration and approval.

During evaluation of a proposed chemical product or active constituent, any person may comment or raise concerns about any relevant aspect of the intended registration, sale and use of the chemical product, including proposed maximum residue limits and the dietary exposure assessment.  The APVMA addresses any concerns that are raised then, as part of that process.

Statement of compatibility with human rights obligations

This instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 44 of the Legislation Act.

Disallowance and Sunsetting

Pursuant to subsection 7A of the Admin Act, the 2023 Instrument and any subsequent amendments are legislative instruments for the purposes of the Legislation Act 2003, but it is not subject to the disallowance nor sunsetting provisions.

Although the 2023 Instrument and any subsequent amendments are legislative instruments for the purposes of the Legislation Act 2003, pursuant to subsections 44(1) and 54(1) it is not subject to the disallowance or sunsetting provisions of the Legislation Act 2003. Subsections 44(1) and 54(1) of the Legislation Act respectively provide that a legislative instrument is not disallowable or subject to sunsetting if the enabling legislation for the instrument (in this case, the Admin Act): (a) facilitates the establishment or operation of an intergovernmental scheme involving the Commonwealth and one or more States and (b) authorises the instrument to be made for the purposes of the scheme.

In accordance with sections 44(1) and 54(1) of the Legislation Act, the Admin Act is: part of a co-operative scheme involving the Commonwealth and all States and Territories which facilitates the establishment and operation of the NRS for Agricultural and Veterinary Chemicals which is an intergovernmental body and scheme; and authorises the 2023 Instrument to be made for the purposes of the NRS.

 

Other issues

More information

A provision-by-provision explanation of the Instrument is provided in Attachment A.

Notes on Items Attachment A

Item 1 – Name of instrument

This item provides for the Instrument to be named as the Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 1) 2026

Item 2 – Commencement

This item provides for the Instrument to commence on the day after the day it is registered.

Item 3 – Authority

This item provides that the Instrument is made under section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992.

Item 4 – Schedules

This item gives the amendments their legal effect, by providing that each instrument specified in the Schedule is amended as set out in the applicable items of the Schedule.

Schedule 1

Schedule 1 contains the amendments to the MRL Standards in Schedule 1 of the principal instrument.

Overview

The Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 1) 2026, enacted by the Australian Pesticides and Veterinary Medicines Authority (APVMA), aims to address the need for updated maximum residue limits (MRLs) for residues of chemical products in protected commodities. This legislative instrument amends the 2023 Instrument, which originally set the MRLs in accordance with the recent amendments made to section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992. The purpose of this amendment is to incorporate new MRLs required to support recently approved uses of agricultural and veterinary chemicals by the APVMA. The APVMA undertakes a comprehensive safety assessment, including a residue risk assessment, to determine acceptable MRLs based on anticipated human dietary exposure. This process ensures that the MRLs are science-based and aligned with the intended uses of the chemical products. The APVMA, as a statutory authority established under the Agricultural and Veterinary Chemicals (Administration) Act 1992, administers the National Registration Scheme for Agricultural and Veterinary Chemicals (NRS), facilitating the national uniform regulation of these chemicals. The policy objective of this amendment is to ensure the safety and efficacy of chemical products used in agriculture and veterinary applications by setting appropriate MRLs that protect human health and the environment. The legislative instrument is not subject to disallowance or sunsetting provisions under the Legislation Act 2003, as it is part of an intergovernmental scheme involving the Commonwealth and all states and territories.

Scope and Application

The Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 1) 2026 amends the existing legislative instrument that sets maximum residue limits for chemical products in protected commodities. This Act applies to all entities and individuals involved in the production, registration, sale, and use of agricultural and veterinary chemical products in Australia, including chemical manufacturers, distributors, and end-users. The instrument has a national reach as it is part of the National Registration Scheme for Agricultural and Veterinary Chemicals, which facilitates uniform regulation across the Commonwealth, states, and territories. It is not subject to disallowance or sunsetting provisions, as it is an integral part of the intergovernmental scheme authorised by the Agricultural and Veterinary Chemicals (Administration) Act 1992. The maximum residue limits are established through a rigorous safety assessment process overseen by the Australian Pesticides and Veterinary Medicines Authority (APVMA). Any amendments to these limits are made through subordinate legislative instruments, ensuring the scheme remains current and reflective of the latest scientific understanding and regulatory needs.

Key Provisions

The Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 1) 2026 introduces amendments to existing maximum residue limits (MRL) for agricultural and veterinary chemical products. Section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Admin Act) authorises the Australian Pesticides and Veterinary Medicines Authority (APVMA) to approve standards for residues of chemical products in protected commodities. The purpose of this amendment instrument is to update the MRL standards to support recently approved uses of agricultural and veterinary chemicals. Specifically, the amendments are detailed in Schedule 1 of the Instrument, which updates the MRL Standards in Schedule 1 of the principal instrument (Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Instrument 2023). The APVMA is required to ensure that the residues of chemical products do not exceed the approved MRLs, which are established based on comprehensive safety assessments and residue risk assessments. These assessments are conducted to determine the maximum amount of residue that can be expected if the chemical product is used according to its label instructions. The MRLs are science-based outcomes of these assessments, and there is limited discretion in their establishment. However, a proposed MRL may be deemed unacceptable if it is anticipated to result in excessive human dietary exposure. Under the Act, the APVMA must consider any concerns raised by the public regarding the intended registration, sale, and use of chemical products, including the proposed MRLs and dietary exposure assessments. The APVMA addresses these concerns as part of its evaluation process. Jurisdictions that regulate the use of chemical products and reference the 2023 Instrument are also consulted during the evaluation process. Breaching the MRLs can have serious consequences. While the exact nature of the penalties for non-compliance is not detailed in the explanatory statement, it is implied that violations of the MRLs could result in regulatory actions, fines, or other penalties as prescribed by relevant laws and regulations. The enforcement of these standards is the responsibility of the jurisdictions that regulate the use of chemical products, who are bound by the MRLs set out in the Instrument. The Instrument is not subject to disallowance or sunsetting provisions under the Legislation Act 2003, as it facilitates the operation of an intergovernmental scheme for the regulation of agricultural and veterinary chemicals. This exemption from disallowance and sunsetting is in accordance with sections 44(1) and 54(1) of the Legislation Act, which apply to legislative instruments that are part of a cooperative scheme involving the Commonwealth and all States and Territories.

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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.