Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 2) 2026

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2026L00734 Not in force Legislative Instrument

Legislation content

Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 2) 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 use of 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 chemical products.

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.

Where APVMA determines that use of a product according to instructions would meet statutory criteria set out the Code, APVMA must approve use of that product. APVMA must not approve a product where a proposed MRL is determined to be unacceptable based on risks associated with anticipated human dietary exposure. MRLs are set by the APVMA as a science-based outcome of a regulatory decision to approve use of a products.

Process before instrument was made

Consultation

The APVMA conducts public consultation before registering agvet chemical products with new active constituents (via Public Release Summary) or approving major extensions of existing products for major trade commodities or food-producing animals (via Trade Advice Notice). Public Release Summary consultations allow comment on all aspects of the proposed use, including MRLs and dietary exposure, while Trade Advice Notice consultations are limited to trade implications and associated MRLs. The APVMA then considers and addresses any relevant concerns raised.

Regarding this instrument, by way of notice in the Agricultural and Veterinary Chemicals Gazette (No. APVMA 12) on 16 June 2026, the APVMA notified that it was amending the 2023 Instrument to include or change a permitted MRL in that Standard. In accordance with section 17(1)(a) of the Legislation Act 2003 the rule-maker has considered further consultation to be inappropriate given the legislative instrument is of a minor or machinery nature or does not substantially alter existing arrangements. The rule-maker based this decision on the science-based nature of MRLs, that each MRL is established following a decision by APVMA to allow use of a product, and that MRLs are required to support the jurisdictions who regulate the use of chemical products.

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. 2) 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. 2) 2026 was enacted to refine the standards for residues of chemical products in protected commodities, ensuring these products' safety and suitability for use in agriculture and veterinary medicine. This instrument is a legislative tool used by the Australian Pesticides and Veterinary Medicines Authority (APVMA), a statutory authority under the Agricultural and Veterinary Chemicals (Administration) Act 1992, to administer the National Registration Scheme for Agricultural and Veterinary Chemicals. The primary objective of this instrument is to align the maximum residue limits (MRLs) with the evolving needs and uses of agricultural and veterinary chemical products, thereby ensuring these products do not pose unacceptable risks to human health through dietary exposure. This legislative amendment is part of a broader regulatory framework designed to facilitate the safe and effective use of chemicals in agriculture and veterinary practices across Australia.

Scope and Application

The Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 2) 2026, administered by the Australian Pesticides and Veterinary Medicines Authority (APVMA), applies to entities and individuals involved in the use, manufacture, and distribution of agricultural and veterinary chemical products within Australia. This includes producers, handlers, and sellers of these chemicals, as well as the protected commodities affected by their use. The geographic reach of this instrument is national, given its implementation under the intergovernmental National Registration Scheme for Agricultural and Veterinary Chemicals (NRS). The instrument is designed to set and amend maximum residue limits (MRLs) for chemical residues in protected commodities, ensuring these levels are safe for human consumption and animal feed. The instrument does not apply to products that are not regulated under the NRS, and it is exempt from disallowance and sunsetting provisions as it facilitates an intergovernmental scheme. The APVMA consults with the public before amending MRLs, but further consultation may be deemed unnecessary if the changes are minor or based on scientific assessments. The instrument is not subject to the requirements for a statement of compatibility with human rights as it is considered a non-disallowable instrument.

Key Provisions

The main operative sections of the Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 2) 2026 (the Instrument) pertain to the amendment of the maximum residue limits (MRLs) for chemical products in protected commodities, as established under the Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Instrument 2023 (2023 Instrument). Section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Admin Act) authorises the Australian Pesticides and Veterinary Medicines Authority (APVMA) to approve such standards. The Instrument amends these standards to support the use of agricultural and veterinary chemical products, as detailed in Schedule 1. This amendment process is crucial for ensuring that MRLs reflect current scientific understanding and regulatory requirements, thereby protecting public health and the environment. The APVMA, under the authority granted by section 7A of the Admin Act, must ensure that any amendments to MRLs are science-based and follow a rigorous assessment process. This involves a comprehensive safety and residue risk assessment to determine the acceptability of MRLs. The APVMA is obligated to consider public consultations and address any concerns raised regarding the proposed MRLs. Additionally, the APVMA must not approve products with MRLs deemed unacceptable based on dietary exposure risks. The Instrument also requires the APVMA to communicate changes to MRLs through notifications in the Agricultural and Veterinary Chemicals Gazette, ensuring transparency and stakeholder awareness. Failure to comply with the requirements set out in the Instrument can lead to significant consequences. Although the Instrument is exempt from disallowance and sunsetting provisions under the Legislation Act 2003, non-compliance with the approved MRLs can result in regulatory action against the manufacturers or users of the chemical products. Such actions may include fines, recalls, or other enforcement measures to ensure the safety and quality of agricultural and veterinary chemicals. The severity of penalties depends on the nature and extent of the breach, but can include substantial financial penalties as stipulated under the relevant legislation governing the use of these chemicals. In summary, the Instrument mandates that the APVMA approve MRLs for chemical products based on rigorous safety assessments and public consultations. It imposes obligations on the APVMA to ensure these standards are science-based and communicated effectively. Non-compliance with the approved MRLs can result in regulatory and enforcement actions, highlighting the importance of adhering to these standards to protect public health and the environment.

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Definitions & Interpretation
Regulatory Standards
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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.