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 variation of food regulatory measures.
The Authority prepared Proposal M1015 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 purpose of this proposed variation to the table to section S20—3 in Schedule 20 is to vary MRLs for residues of agricultural or veterinary chemicals in food. The table to section S20—3 lists the MRLs for agricultural and veterinary chemical residues which may occur in foods. If an MRL 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 MRL 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 agricultural and veterinary 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, MRLs 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 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 M1015 included one round of public consultation following an assessment and the preparation of a draft variation and associated report.
Submissions were called for on 12 January 2018 for a six-week domestic consultation period and sixty days period through the WTO Notification process.
A Regulation Impact Statement was not required because the proposed variations are likely to have a minor impact on businesses 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 chemical Chlorfluazuron with the commodities and associated MRLs. This chemical is deleted as the result of chemical review undertaken by the APVMA.
Item [1.2] inserts chemicals not currently listed.
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 foods and associated MRLs for the chemicals listed, replacing them with new limits.