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 A1181 which seeks to align the MRL for imazapyr in barley with the Maximum Residue Limit (MRL) in the Agricultural and Veterinary Chemicals Code (MRL Standard) Instrument 2019 and the MRL set by the Codex Alimentarius Commission for residues of that agvet chemical that may occur in barley. The Authority considered the Application in accordance with Division 1 of Part 3 and has approved a draft variation to amend the Code.
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 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 draft variation to the table to section S20—3 in Schedule 20 of the Code to increase the MRL for imazapyr residues in barley from 0.05 mg/kg to 0.7 mg/kg.
3. Documents incorporated by reference
The variation to Schedule 20 of the Code does 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 A1181 included one round of public consultation following an assessment and the preparation of a draft variation and associated report.
Submissions were called for on 9 October 2019 for a two-week domestic consultation period. A minimum period of consultation was applied because the focus of the application was to align the MRL in Schedule 20 of the Code with the current domestic MRL for the chemical and food commodity in the Agricultural and Veterinary Chemicals Code (MRL Standard) Instrument 2019 and, thereby also align it with the MRL set by Codex.
A Regulation Impact Statement was not required because the approved variation to Schedule 20 of the Code is likely to have a minor impact on businesses and individuals (OBPR reference 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 approved draft variation amends the table to section S20—3 by removing the current MRL for the chemical ‘imazapyr’ in barley and replacing it with a new MRL for that chemical in that food commodity. The new MRL for imazapyr in barley is 0.7 mg/kg—the value that is gazetted in the Agricultural and Veterinary Chemicals Code (MRL Standard) Instrument 2019 and is also permitted by Codex.
Overview
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a framework for the development and administration of food standards in Australia and New Zealand. It established Food Standards Australia New Zealand (FSANZ) as the authoritative body responsible for creating and maintaining the Australia New Zealand Food Standards Code. This legislative instrument, F2020L00152, addresses the need to update the Maximum Residue Limits (MRL) for certain agricultural and veterinary chemical residues in food products. Specifically, it aligns the MRL for imazapyr in barley with the standards set by the Agricultural and Veterinary Chemicals Code and the Codex Alimentarius Commission. Following public consultation and review by the Australia and New Zealand Ministerial Forum on Food Regulation, FSANZ approved a draft variation to increase the MRL for imazapyr residues in barley from 0.05 mg/kg to 0.7 mg/kg, ensuring consistency with domestic and international regulatory standards.
Scope and Application
The legislation F2020L00152 pertains to a draft variation of the Australia New Zealand Food Standards Code (the Code), specifically concerning the Maximum Residue Limit (MRL) for the chemical imazapyr in barley. This variation has been developed by Food Standards Australia New Zealand (the Authority) in response to an application to align the MRL for imazapyr in barley with the MRL set by the Agricultural and Veterinary Chemicals Code (MRL Standard) Instrument 2019 and the Codex Alimentarius Commission. The Authority's consideration and approval of this draft variation are conducted under the provisions of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). The approved draft variation, which is a legislative instrument under section 94 of the FSANZ Act, involves amending the MRL for imazapyr in barley from 0.05 mg/kg to 0.7 mg/kg. This legislative instrument applies to all entities involved in the production, processing, and distribution of barley within Australia and New Zealand, ensuring compliance with the updated MRL standards. The legislative process included a round of public consultation, and due to the minor impact anticipated on businesses and individuals, a Regulation Impact Statement was not deemed necessary. This variation does not incorporate any documents by reference and is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument.
Key Provisions
The key provisions of this legislation concern the variation of Maximum Residue Limits (MRLs) for certain chemicals in food. Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) empowers the Authority to develop and vary food regulatory measures, including standards, which are incorporated into the Australia New Zealand Food Standards Code (the Code). In this instance, the Authority accepted Application A1181, which sought to align the MRL for imazapyr in barley with the MRL in the Agricultural and Veterinary Chemicals Code (MRL Standard) Instrument 2019 and the MRL set by the Codex Alimentarius Commission. Following the required procedures, the Authority approved a draft variation to amend the Code, which has been published for public notice.
Under this legislation, the Authority is mandated to undertake certain obligations and procedures. Firstly, the Authority must consider applications for the development or variation of food regulatory measures, including standards, in accordance with Division 1 of Part 3 of the FSANZ Act. This involves public consultation, assessment, and the preparation of a draft variation and associated report. For Application A1181, this included a two-week domestic consultation period. Additionally, section 92 of the FSANZ Act requires the Authority to publish a notice about the draft variation. The approved variation does not incorporate any documents by reference, and the Authority has determined that a Regulation Impact Statement is not required due to the minor impact on businesses and individuals.
The legislation also addresses the consequences of non-compliance with its provisions. While the draft variation is a legislative instrument under section 94 of the FSANZ Act and is not subject to parliamentary disallowance or sunsetting, it does not specify any particular offences or penalties for breach. However, general provisions in the FSANZ Act and related legislation would apply to ensure compliance with food safety standards and regulatory measures. It is important to note that any failure to comply with the MRLs set forth in the Code could potentially lead to enforcement actions under other food safety and quality legislation.
This explanatory statement outlines the Authority's consideration of Application A1181 and the subsequent approval of a draft variation to amend the MRL for imazapyr in barley. It provides a clear explanation of the legislative framework, the procedural obligations of the Authority, and the impact of the variation on the public and businesses. The document is designed to ensure transparency and accountability in the regulatory process for food standards.