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.
Overview
The Food Standards Australia New Zealand Amendment Instrument 2016 (F2016L00788) was enacted to amend the Australia New Zealand Food Standards Code by varying the maximum residue limits (MRLs) for residues of agricultural and veterinary (agvet) chemicals in food, as proposed by Food Standards Australia New Zealand (the Authority). This amendment was made under the authority granted by section 13 of the Food Standards Australia New Zealand Act 1991, which allows the Authority to develop and vary standards. The purpose of this legislative instrument is to update MRLs in response to changes in the use patterns of agvet chemicals, including the introduction of new products, withdrawal of older products, and alignment with international standards to address different pest and disease pressures. A public consultation was conducted as part of the Authority's process to consider the proposal, ensuring that the variations do not present any public health or safety concerns. This instrument does not require a statement of compatibility with human rights and is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.
Scope and Application
The legislative instrument, being a variation of maximum residue limits (MRLs) for residues of agricultural and veterinary chemicals in food, applies to Food Standards Australia New Zealand (FSANZ) as the Authority responsible for developing and varying food regulatory measures in the Australia New Zealand Food Standards Code. This applies to the industry and entities involved in the production, importation, and sale of food products, including agricultural and veterinary chemical producers and users, as well as food manufacturers, processors, distributors, and retailers. The variations are intended to ensure that MRLs accurately reflect legitimate residues in food due to changes in chemical use patterns and to align with international standards where applicable. The instrument does not apply to any individual persons but rather to the entities and industry as a whole in accordance with the Food Standards Australia New Zealand Act 1991. The jurisdictional reach of this instrument is national, applying to both Australia and New Zealand as per the FSANZ Act. The instrument does not incorporate any documents by reference, and there are no stated exclusions or exemptions. The Authority’s consideration of the proposal included a round of public consultation, and a Regulation Impact Statement was deemed unnecessary due to the anticipated minor impact of the variations.
Key Provisions
The main sections of this legislation (referred to as the Instrument) pertain to the variation of maximum residue limits (MRLs) for agricultural and veterinary (agvet) chemicals in food, as detailed in Item [1] of the Instrument. Specifically, Item [1] modifies the table to section S20—3 of Schedule 20 in the Australia New Zealand Food Standards Code. This involves several changes: first, it clarifies that MRLs for the chemical clethodim are listed under the entry for the chemical sethoxydim (Item [1.1]); second, it introduces new entries for chemicals that are not currently listed, including the chemical name, residue definition, foods, and associated MRLs (Item [1.2]); third, it removes certain foods and associated MRLs for listed chemicals (Item [1.3]); fourth, it adds foods and associated MRLs for the same listed chemicals (Item [1.4]); and finally, it replaces existing MRLs for certain foods with new limits (Item [1.5]).
The obligations imposed by this Act primarily concern Food Standards Australia New Zealand (the Authority). According to the Food Standards Australia New Zealand Act 1991, the Authority is responsible for developing and varying standards within the Australia New Zealand Food Standards Code, including MRLs for residues of agvet chemicals in food. In the case of Proposal M1011, the Authority has followed the prescribed procedure by conducting a public consultation, preparing a draft variation, and considering the proposal through the Australia and New Zealand Ministerial Forum on Food Regulation. 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. This ensures transparency and allows for public input before the standard or variation becomes effective.
The legislation does not explicitly outline offences or penalties for non-compliance with the varied MRLs set forth in this Act. However, general provisions in the FSANZ Act and related regulations may apply. Non-compliance with food standards, including MRLs, can lead to enforcement actions by regulatory authorities. Depending on the severity and intent of the breach, consequences may include fines, legal action, or other regulatory measures. The specific penalties would be determined by relevant state or territory laws, as well as any federal regulations that apply to food safety and standards.
It is important to note that the Instrument itself is a legislative instrument under the Legislative Instruments Act 2003 and is not subject to parliamentary disallowance or sunsetting. This means that once published and effective, the varied MRLs become part of the legal framework governing food safety in Australia and New Zealand. The Authority must ensure that any variations made are scientifically justified and do not pose a risk to public health or safety, as indicated by the dietary exposure assessments conducted prior to the implementation of these changes.