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.
The Authority accepted Application A1133 which sought to harmonise Codex MRLs for avilamycin in specific pig commodities with the Australia New Zealand Food Standards Code. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a variation to Schedule 20.
Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, 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 Legislation Act 2003.
2. Purpose
The Authority has approved a variation to the table to section S20—3 to include maximum residue limits for avilamycin for specific pig commodities to harmonise with Codex MRLs.
Section S20—3 lists the limits for agricultural and veterinary chemical residues which may occur in foods. If a limit is not listed for a particularly agricultural or veterinary chemical/food combination, there must be no detectable residues of that chemical in that food. This general prohibition means that, in the absence of the relevant limit in the Code, food may not be sold where there are detectable residues.
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 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1133 included one round of public consultation following an assessment and the preparation of a draft variation to Schedule 20 and associated report. Submissions were called for on 7 November 2016 for a four-week consultation period.
A Regulation Impact Statement was not required because the Office of Best Practice Regulation provided an exemption relating to MRLs in 2010 (ID 12065).
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
The draft variation amends the table to section S20—3 by inserting into that table an entry for the chemical Avilamycin. The new entry will provide maximum residue limits for Avilamycin using the permitted residue marker, dichloroisoeverninic acid for four specific pig commodities.
Overview
The Food Standards Australia New Zealand Act 1991, as amended by the legislation F2017L00591, aims to update and harmonise maximum residue limits (MRLs) for specific chemicals in food products, ensuring they align with international standards. Enacted by the Australian Parliament, this legislation addresses the need for consistent and updated MRLs across the Australia New Zealand Food Standards Code. The policy objective is to protect public health by ensuring that food products meet safety standards, and to facilitate trade by aligning Australian standards with international benchmarks. Food Standards Australia New Zealand, the Authority responsible for developing and varying food regulatory measures, approved a variation to Schedule 20 to include MRLs for avilamycin in specific pig commodities, following a public consultation process. This amendment ensures that the Australian food standards are in sync with the Codex MRLs, thus maintaining both food safety and trade efficacy.
Scope and Application
The legislation, F2017L00591, pertains to the approval of a variation to the Australia New Zealand Food Standards Code to include maximum residue limits for the antibiotic avilamycin in specific pig commodities, thereby harmonising with Codex MRLs. This variation is applicable to entities and individuals involved in the production, processing, and sale of pig commodities within Australia and New Zealand. The legislation operates under the Food Standards Australia New Zealand Act 1991, which mandates the development and variation of food regulatory measures by Food Standards Australia New Zealand. The application and approval process for such variations is outlined in Division 1 of Part 3 of the FSANZ Act, which includes a requirement for public consultation. Notably, the approved variation is a legislative instrument exempt from parliamentary disallowance and sunsetting provisions under the Legislation Act 2003. The variation specifically inserts a new entry for avilamycin into Schedule 20, detailing the maximum residue limits for the antibiotic in four specific pig commodities, and employs dichloroisoeverninic acid as the permitted residue marker. This amendment ensures that the sale of pig commodities with detectable avilamycin residues is permissible within the specified limits.
Key Provisions
The main operative sections of the legislation (sections 13, 92, and 94 of the Food Standards Australia New Zealand Act 1991) establish the Authority's role in developing and varying food regulatory measures, including Standards for inclusion in the Australia New Zealand Food Standards Code. The Authority has accepted an application (A1133) to harmonise Codex MRLs for avilamycin in specific pig commodities with the Code and has approved a variation to Schedule 20. This variation involves inserting maximum residue limits for avilamycin in the table to section S20—3. Section 92 of the FSANZ Act mandates the publication of a notice about the variation, and section 94 confirms that such a variation is a legislative instrument but is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003.
The Act imposes several obligations on the Authority, including the acceptance and consideration of applications for the development or variation of food regulatory measures, as specified in Division 1 of Part 3 of the FSANZ Act. The Authority must follow a defined procedure that includes at least one round of public consultation, as demonstrated in the consideration of Application A1133. Additionally, the Authority is required to publish a notice about the approved variation under section 92 of the FSANZ Act. The Authority's actions must align with the general prohibition in section S20—3, ensuring that if a limit is not listed for a particular chemical/food combination, there must be no detectable residues of that chemical in that food.
Failure to comply with the provisions of the Act may result in legal consequences. However, since the variation is a legislative instrument under section 94 of the FSANZ Act, it is not subject to parliamentary disallowance or sunsetting. While specific penalties for breach are not detailed in the explanatory statement, non-compliance with food standards and regulations generally can lead to enforcement actions by relevant authorities, including fines and other civil or criminal penalties as stipulated by other relevant legislation.
The legislative instrument itself is not subject to parliamentary disallowance or sunsetting, as outlined in section 94 of the FSANZ Act. Furthermore, the instrument is exempt from the requirements for a statement of compatibility with human rights because it falls under the category of a non-disallowable instrument. This exemption is consistent with the established legislative framework that governs the Authority's actions in developing and varying food regulatory measures.