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
Overview
The Food Standards Australia New Zealand Amendment Instrument 2015 (F2015L00599) was enacted to amend the Australia New Zealand Food Standards Code by varying the maximum residue limits (MRLs) for residues of agricultural or veterinary (agvet) chemicals in food. This legislative instrument was introduced to address the need for technical amendments to MRLs in response to changes in the use patterns of agvet chemicals, including the introduction of new products, the withdrawal of older products, and harmonisation with international standards to meet Australia's World Trade Organization obligations. The Food Standards Australia New Zealand Act 1991 empowers the Authority to develop and vary food regulatory measures, including standards, and requires public consultation as part of this process. The policy objective of this amendment is to ensure that food containing residues of agvet chemicals is safe for consumption while facilitating legitimate trade practices.
Scope and Application
The Food Standards Australia New Zealand Act 1991 authorises Food Standards Australia New Zealand (FSANZ) to develop and vary food standards, including maximum residue limits (MRLs) for agricultural or veterinary (agvet) chemicals in food. The proposed variation to Standard 1.4.2, detailing MRLs for residues of agvet chemicals in food, applies to all persons and entities involved in the production, sale, or distribution of food within Australia. This includes industries such as agriculture, veterinary services, food manufacturing, and retail. The legislative instrument aims to adjust MRLs to permit the sale of foods containing legitimate residues, reflecting changes in agvet chemical use patterns and international standards. The variations are intended to ensure public health and safety by aligning with Australia’s World Trade Organization obligations and harmonising with international standards. The application of these variations is subject to approval by the Australia and New Zealand Ministerial Forum on Food Regulation and publication under section 92 of the FSANZ Act. Notably, the draft standard is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. Public consultation was conducted in accordance with the procedure specified in Division 2 of Part 3 of the FSANZ Act, with submissions invited for a four-week period, although a Regulation Impact Statement was deemed unnecessary due to the minor impact of the variations.
Key Provisions
The main operative sections of this legislation pertain to the variation of maximum residue limits (MRLs) for residues of agricultural or veterinary (agvet) chemicals in food, as outlined in Standard 1.4.2 of the Australia New Zealand Food Standards Code (the Code). Specifically, section 2 of the explanatory statement details the purpose of these variations, which is to align MRLs with current use patterns of agvet chemicals, harmonise with international standards, and ensure public health and safety through a detailed dietary exposure assessment (DEA). The specific variations are enumerated in items 1.1 to 1.6 of the explanatory statement, which detail the amendments to Schedule 1 of Standard 1.4.2 by omitting, inserting, or modifying entries for certain chemicals and associated MRLs.
The legislation imposes several obligations on the parties and entities it governs. Primarily, Food Standards Australia New Zealand (the Authority) is required to develop proposals for variations of food regulatory measures, including standards, in accordance with Division 2 of Part 3 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act). This process includes conducting a DEA to ensure that proposed MRLs do not present any public health or safety concerns. Additionally, the Authority must publish a notice about the standard or draft variation of a standard, as stipulated in section 92 of the FSANZ Act. Furthermore, section 94 of the FSANZ Act specifies that the standard or variation of a standard, once notice is published, is a legislative instrument but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
In terms of offences, penalties, or civil/criminal consequences for breach, the explanatory statement does not detail specific penalties for non-compliance with the variations to MRLs in Standard 1.4.2. However, non-compliance with food standards generally can result in enforcement actions by regulatory authorities, including fines, recalls, and legal action. The specific penalties would depend on the nature and severity of the non-compliance, as well as the relevant provisions of the FSANZ Act and other applicable legislation.
The explanatory statement also notes that the variations to food regulatory measures do not incorporate any documents by reference and that a Regulation Impact Statement was not required due to the minor impact of the proposed variations on business and individuals. Additionally, 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.