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 M1011 to amend certain maximum residue limits (MRLs) in the Code for residues of agricultural and veterinary (agvet) chemicals that may occur in food. The Authority has considered the Proposal in accordance with Division 2 of Part 3 and has prepared a draft Standard.
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 Legislative Instruments Act 2003.
2. Purpose
The Authority has approved the proposed variation to the table to section S20—3 in Schedule 20 to vary MRLs for residues of agvet chemicals in food.
The table to section S20—3 lists the MRLs for residues of agvet chemicals, which may occur in foods. If an MRL is not listed for a particular agvet 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, as farmers face different pest and disease pressures, agvet chemical use patterns and the legitimate residues in food associated with these uses may vary accordingly.
A dietary exposure assessment 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 M1011 included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 4 November 2015 for a four-week consultation period.
A Regulation Impact Statement was not required because the proposed variations to the table to section S20—3 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] varies the table to section S20—3 of Schedule 20.
Item [1.1] varies the entry for the chemical clethodim to express more clearly that MRLs for Clethodim are listed under the entry for the chemical Sethoxydim.
Item [1.2] inserts new entries for the chemicals not currently listed, including the chemical name, residue definition, foods and associated MRLs.
Item [1.3] omits the foods and associated MRLs for the chemicals listed.
Item [1.4] inserts the foods and associated MRLs for the chemicals listed.
Item [1.5] omits the MRL for the foods listed, replacing it with a new limit.