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.
Overview
The Food Standards Australia New Zealand Amendment Regulation 2018 (F2018L01151) was enacted to address discrepancies and updates in the maximum residue limits (MRLs) for agricultural and veterinary chemical residues in food, as required by changes in chemical usage and international standards. The enactment of this regulation by the Australian Government under the authority of the Food Standards Australia New Zealand Act 1991 aims to ensure the safety and quality of food available in the market while aligning with Australia's obligations under international trade agreements such as those with the World Trade Organization. The regulation involves a variation of MRLs in Schedule 20 of the Australia New Zealand Food Standards Code to reflect the legitimate residues permitted in food, taking into consideration both the development of new chemical products and the withdrawal of older ones. This legislative instrument was developed through a process of consultation and review, including a round of public consultation, and was subject to the approval of the Australia and New Zealand Ministerial Forum on Food Regulation. It is important to note that the regulation does not require parliamentary approval and is not subject to disallowance or sunsetting.
Scope and Application
The F2018L01151 legislative instrument applies to the variation of maximum residue limits (MRLs) for agricultural and veterinary chemical residues in food, under the Food Standards Australia New Zealand Act 1991. This applies to persons and entities involved in the production, sale, and distribution of food within Australia and New Zealand, as well as to the broader food industry. The instrument facilitates the alignment of MRLs with international standards, particularly in response to changes in chemical use patterns and agricultural practices. The legislation extends across both Australia and New Zealand, governed by the FSANZ Act, and its variations are not subject to parliamentary disallowance or sunsetting. This instrument excludes documents incorporated by reference and is exempt from the requirements for a statement of compatibility with human rights due to its non-disallowable status. The variations made include the deletion of certain chemicals, insertion of new chemicals and associated MRLs, and amendments to existing MRLs for specific foods, all following rigorous assessment and consultation processes.
Key Provisions
The key operative sections of this legislation, as referenced in the explanatory statement, include sections 13, 92, and 94 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act). Section 13 provides for the development and variation of standards for inclusion in the Australia New Zealand Food Standards Code. The Authority, Food Standards Australia New Zealand, prepared Proposal M1015 to consider varying maximum residue limits (MRLs) in the Code, which was subsequently approved as a draft variation following the stipulated procedures. Section 92 requires the Authority to publish a notice about the standard or draft variation of a standard, and section 94 specifies that such standards are legislative instruments not subject to parliamentary disallowance or sunsetting.
The Act imposes specific obligations and requirements on Food Standards Australia New Zealand, including the preparation and consideration of proposals for the development or variation of food regulatory measures. This process involves public consultation as stipulated in Division 2 of Part 3 of the FSANZ Act, which includes one round of consultation on the draft variation and associated report. The Authority must ensure that any proposed MRL variations do not present public health or safety concerns, which is achieved through conducting a dietary exposure assessment. Furthermore, the Authority must publish a notice regarding the proposed variations as per section 92 of the FSANZ Act.
Breaches of the provisions in this legislation may lead to civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in the explanatory statement. However, the FSANZ Act's legislative framework ensures that the approved variations become effective legislative instruments that are binding under law. Non-compliance with these standards could result in legal repercussions, as the MRLs are integral to ensuring food safety and compliance with international trade obligations. The enforceable nature of these standards is underscored by the requirement to publish notices and the legislative instrument status of the variations, which are not subject to parliamentary disallowance or sunsetting.
Additionally, the variations to the MRLs are made in accordance with international obligations and in response to changes in agricultural and veterinary chemical use patterns. The deletion of certain chemicals and the introduction of new chemicals and associated MRLs reflect ongoing reviews and updates to align with contemporary agricultural practices and international standards. This ensures that Australia's food regulatory framework remains effective and adaptable to new scientific evidence and market changes.