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 variation of food regulatory measures.
The Authority prepared Proposal M1014 to consider varying certain maximum residue limits (MRLs) in the Code. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft variation.
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 Legislation Act 2003.
2. Purpose
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.
The purpose of this variation is to permit the sale of foods containing legitimate residues. The variation is made in response to 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. The variation will also harmonise limits with international or trading partner standards. This is necessary as farmers in different countries face different pest and disease pressures, agvet chemical use patterns and legitimate residues in food associated with these uses may vary accordingly.
A dietary exposure assessment was conducted 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 M1014 included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 27 June 2017 for a four-week consultation period in Australia, and eight-week period internationally through the WTO Notification.
A Regulation Impact Statement was not required by the Office of Best Practice Regulation (see ID 12065) because the proposed variations to the table to section S20—3 in Schedule 20 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 [1.1] omits the chemicals ‘Brodifacoum’, ‘Dicloran’, ‘Disulfoton’, ‘Fenthion’ and ‘Phenothrin’ from the lists of permitted residues, and the commodities associated with each chemical. These chemicals are deleted as the result of chemical reviews undertaken by APVMA.
Item [1.2] amends the name and definitions for ‘Thifensulfuron’ (inclusion of a more precise chemical name).
Item [1.3] amends the name and definitions for ‘Rimosulfuron’ (correction of typographical error) and adds new foods (almonds and cherries) and associated MRLs for that chemical.
Item [1.4] inserts new entries for the following chemicals that are not currently listed as permitted (including the foods and associated MRLs for each chemical):
- Aminocyclopyrachlor;
- Benzovindiflupyr;
- Cyflumetofen;
- Etofenprox; and
- Fenpropimorph.
Item [1.5] omits specified foods and associated MRLs for various listed chemicals.
Item [1.6] inserts specified foods and associated MRLs for various listed chemicals.
Item [1.7] replaces the MRLs of specified foods for various listed chemicals.
Overview
The Australia New Zealand Food Standards Code Variation (Maximum Residue Limits for Agvet Chemicals) Instrument 2017 (F2017L01594) was enacted in 2017 to address gaps and outdated provisions in the Australia New Zealand Food Standards Code concerning maximum residue limits (MRLs) for agricultural and veterinary chemicals in foods. This legislative instrument was introduced by Food Standards Australia New Zealand (FSANZ), as per the Food Standards Australia New Zealand Act 1991. The purpose of this legislative instrument is to align MRLs with current use patterns of agvet chemicals, harmonise with international standards, and ensure that food containing legitimate residues can be sold without presenting public health or safety concerns. The FSANZ Act mandates that any proposal for the variation of food regulatory measures, including MRLs, be considered through a specific procedure, including public consultation, before final approval. This legislative instrument was exempt from parliamentary disallowance and sunsetting under the Legislation Act 2003, and a Regulation Impact Statement was not required due to the anticipated minor impact on businesses and individuals.
Scope and Application
The Food Standards Australia New Zealand Act 1991 (FSANZ Act) mandates that the Authority develops standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code). This Act applies to Food Standards Australia New Zealand (the Authority) and the industries involved in the production, processing, and sale of food products within Australia. The geographic reach of this Act is national, encompassing both Australia and New Zealand. The Authority's proposal, M1014, aims to vary certain maximum residue limits (MRLs) in the Code, ensuring the permissible levels of agvet chemical residues in food products. This variation is necessary to permit the sale of foods with legitimate residues, reflecting changes in the use patterns of agvet chemicals, harmonising limits with international standards, and ensuring no public health or safety concerns. The FSANZ Act allows the Authority to exempt certain instruments from compatibility statements with human rights due to their non-disallowable nature. This legislation does not incorporate any documents by reference and followed a public consultation process before approving the draft variation.
Key Provisions
The main operative sections of this legislation focus on the modification of maximum residue limits (MRLs) for agvet chemicals in the Australia New Zealand Food Standards Code. Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) outlines the Authority’s responsibility for developing standards and variations of standards for the Code. This includes preparing proposals for the variation of food regulatory measures, as detailed in Division 2 of Part 3 of the FSANZ Act. The Authority has followed these procedures in developing Proposal M1014, which considers varying certain MRLs in the Code. This proposal has been reviewed by the Australia and New Zealand Ministerial Forum on Food Regulation, and section 92 of the FSANZ Act mandates the Authority to publish a notice regarding the standard or draft variation of a standard. Once a notice is published under section 92, section 94 of the FSANZ Act specifies that the standard or variation is a legislative instrument, exempt from parliamentary disallowance or sunsetting under the Legislation Act 2003.
The obligations imposed on the parties governed by this Act are primarily centred around the Authority’s duties in developing and varying food regulatory measures. The Authority must consider public health and safety concerns through assessments and consultations, ensuring that any proposed changes do not present risks to public health. This includes conducting a dietary exposure assessment to validate that the proposed MRLs do not pose public health or safety issues. Additionally, the Authority must follow the consultation procedure outlined in Division 2 of Part 3 of the FSANZ Act, which involves notifying the public and inviting submissions on draft variations. The process includes a defined consultation period both domestically and internationally, as specified in the WTO Notification. Furthermore, the Authority must ensure that any proposed changes align with international standards and address changes in the use patterns of agvet chemicals, reflecting different pest and disease pressures across regions.
There are no specific offences or penalties outlined in this legislative instrument. However, the Authority’s failure to comply with the statutory obligations, such as not conducting the necessary assessments, failing to consult appropriately, or publishing incomplete or incorrect notices, could lead to legal challenges or administrative actions. The implications of non-compliance could result in the variation being deemed invalid or unenforceable. Additionally, if the Authority were to introduce variations that adversely affect public health, this could result in significant reputational damage and potential calls for accountability from stakeholders and the public. The legislative instrument itself does not stipulate specific penalties but implies that adherence to the outlined procedures and obligations is critical to avoid negative consequences.