Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Amendment Instrument (No. 3) 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 14) on 14 July 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. 3) 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.