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 2 of Part 3 of the FSANZ Act specifies that the Authority may prepare a proposal for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering a proposal for the development or variation of food regulatory measures.
The Authority prepared Proposal M1010 to amend certain MRLs in the Code for residues of agvet chemicals that may occur in food. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft Standard.
Following consideration by the Australia and New Zealand Ministerial 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 purpose of the proposed variation to Standard 1.4.2 is to vary MRLs for residues of agricultural or veterinary chemicals in food.
Standard 1.4.2 lists the limits for agvet 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. 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.
MRL variations may be required to permit the sale of foods containing legitimate residues. These are technical amendments following changes in use patterns of agvet chemicals available to chemical product users. These changes include both the development of new products and crop uses, and the withdrawal of older products following review. In regard to Australia’s WTO obligations, limits may be harmonised with international or trading partner standards. Internationally, farmers face different pest and disease pressures, agricultural and veterinary chemical use patterns and the legitimate residues in food associated with these uses may vary accordingly.
A DEA is conducted before MRLs are varied 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 2 of Part 3 of the FSANZ Act, the Authority’s consideration of Proposal M1010 included one round of public consultation following an assessment and the preparation of a draft Standard 1.4.2 and associated reports. Submissions were called for on 31 October 2014 for a four-week consultation period.
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. Variations
Items 1.1 to 1.6 set out proposed amendments to Schedule 1 of Standard 1.4.2.
Items 1.1 and 1.2
These items omit all food and associated MRLs for the chemicals listed.
Item 1.3
This item inserts 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.
Item 1.4
This item inserts the foods and associated MRLs for the chemicals listed. It incorporates the new entries in alphabetical order among the foods listed under each chemical.
Item 1.5
This item omits the foods and associated MRLs for the chemicals listed.
Item 1.6
This item omits the MRL for the foods listed, replacing it with the limit shown for each of the chemicals listed.
[1] convening as the Australia and New Zealand Food Regulation Ministerial Council