Explanatory Statement
1. Authority
Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides that the functions of Food Standards Australia New Zealand (the Authority) include the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code).
Division 1 of Part 3 of the FSANZ Act specifies that the Authority may accept applications for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering an application for the development or variation of food regulatory measures.
FSANZ accepted Application A1083 which seeks to amend maximum residue limits (MRLs) listed in Schedule 1 of Standard 1.4.2 to include Azoxystrobin, Fenhexamid and Fludioxonil in blueberries and Bifenthrin in raspberries. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft Standard.
Following consideration by COAG Legislative and Governance Forum on Food Regulation[1], section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.
Section 94 of the FSANZ Act specifies that a standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
2. Purpose
The Authority has approved a variation to Standard 1.4.2 to include Azoxystrobin, Fenhexamid and Fludioxonil in blueberries and Bifenthrin in raspberries. The approved variation promotes consistency between domestic and international regulations and supports global trade with a net benefit to the community.
Standard 1.4.2 lists the limits for agricultural and veterinary chemical residues which may occur in foods. If a limit is not listed for a particular agricultural or veterinary chemical/food combination, there must be no detectable residues of that chemical in that food. In the absence of the relevant limit in the Code, the food may not be sold where there are detectable residues.
MRL variations are required to permit the sale of foods containing legitimate residues. Internationally, farmers face different pest and disease pressures and therefore agricultural and veterinary chemical use patterns, and the legitimate residues in food associated with these uses, may vary accordingly.
A dietary exposure assessment was conducted for Azoxystrobin, Fenhexamid and Fludioxonil in blueberries and Bifenthrin in raspberries to ensure that proposed limits do not present any public health or safety concerns.
3. Documents incorporated by reference
The variations to food regulatory measures do not incorporate any documents by reference.
4. Consultation
In accordance with the procedure in Division 3 of Part 1 of the FSANZ Act, the Authority’s consideration of Application A1083 included one round of public consultation following an assessment and the preparation of a draft Standard and associated report. Submissions were called for on 23 March 2012 for a four-week consultation period.
FSANZ also made a Sanitary and Phytosanitary notification to the World Trade Organization
(WTO) in the interests of openness and transparency.
A Regulation Impact Statement was not required because the proposed variations to Standard 1.4.2 are likely to have a minor impact on business and individuals.
5. Statement of compatibility with human rights
This instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act.
6. Variation
Item 1 sets out proposed amendments to Schedule 1 of Standard 1.4.2 inserting new entries for the chemicals listed. The entries include the chemical name, residue definition, foods and associated MRLs. This item incorporates the new entries in alphabetical order among the chemicals listed in the Schedule.
[1] Previously known as the Australia and New Zealand Food Regulation Ministerial Council
Overview
The Food Standards Australia New Zealand Act 1991, enacted by the Commonwealth Parliament, empowers Food Standards Australia New Zealand (FSANZ) to develop and vary food regulatory measures, including maximum residue limits (MRLs) for agricultural and veterinary chemicals in food. The purpose of this legislative instrument, F2013L01661, is to amend Standard 1.4.2 to include MRLs for Azoxystrobin, Fenhexamid, Fludioxonil in blueberries, and Bifenthrin in raspberries, thereby ensuring consistency with international standards and facilitating global trade while safeguarding public health. FSANZ conducted a dietary exposure assessment and public consultation as required by the FSANZ Act before approving the draft variation, which is not subject to disallowance or sunsetting under the Legislative Instruments Act 2003. This amendment aims to permit the sale of foods with legitimate residues, aligning domestic regulations with international practices and ensuring food safety.
Scope and Application
The legislative instrument F2013L01661 under the Food Standards Australia New Zealand Act 1991 pertains to the development and variation of food regulatory measures, specifically maximum residue limits (MRLs) for certain chemicals in blueberries and raspberries. The Act applies to Food Standards Australia New Zealand (FSANZ), which is responsible for developing and varying standards within the Australia New Zealand Food Standards Code. The approved variation of Standard 1.4.2 to include Azoxystrobin, Fenhexamid, Fludioxonil in blueberries, and Bifenthrin in raspberries aligns domestic regulations with international standards, facilitating global trade while ensuring public health and safety. This legislative instrument does not apply to any specific persons, entities, or industries beyond the scope of FSANZ's responsibilities and the outlined chemical residues in the specified foods. The instrument's jurisdictional reach is confined to Australia and New Zealand, as per the FSANZ Act's provisions. The legislative instrument is exempt from parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003, as stipulated by section 94 of the FSANZ Act. There are no exclusions, exemptions, or thresholds specified in this particular instrument, but broader provisions of the FSANZ Act may apply.
Key Provisions
The legislation in question pertains to the Food Standards Australia New Zealand (FSANZ) Act 1991, specifically focusing on the development and variation of food regulatory measures. The primary sections involved are sections 13, 92, and 94 of the FSANZ Act (1). Section 13 provides the basis for the Authority to develop and vary standards for inclusion in the Australia New Zealand Food Standards Code. Section 92 mandates that the Authority must publish a notice regarding a standard or draft variation of a standard, while section 94 specifies that such standards or variations, once noticed, become legislative instruments that are not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
FSANZ has approved a variation to Standard 1.4.2 to include Azoxystrobin, Fenhexamid, Fludioxonil in blueberries, and Bifenthrin in raspberries. This variation aims to align domestic regulations with international standards, promoting consistency and supporting global trade while ensuring a net benefit to the community (2). The purpose of these amendments is to list maximum residue limits (MRLs) for specific chemicals in certain foods, allowing for the legitimate sale of foods containing these residues. The Authority conducted a dietary exposure assessment to ensure that the proposed limits do not present any public health or safety concerns.
The obligations imposed by this legislation require FSANZ to follow the stipulated procedures for considering applications for the development or variation of food regulatory measures, including conducting public consultations and making notifications to international bodies like the World Trade Organization (WTO) (4). The legislation also stipulates that the Authority must publish notices regarding the standard or draft variation of a standard as per section 92 of the FSANZ Act. Additionally, the approved variation becomes a legislative instrument under section 94, which is not subject to parliamentary disallowance or sunsetting.
In terms of consequences for breach, the legislation does not specify particular offences, penalties, or civil or criminal consequences for non-compliance with the new MRLs for the specified chemicals in blueberries and raspberries. However, it is implied that failure to adhere to these standards could result in regulatory action against entities or individuals who sell food products that do not comply with the established MRLs, potentially leading to legal and financial repercussions. The primary focus of the legislation is to ensure food safety and public health by regulating the permissible levels of chemical residues in food products.