Food Standards (Proposal M1017– Maximum Residue Limits (2019)) Variation

Administered by Department of Health, Disability and Ageing

Legislation au F2020L00939 Not in force Legislative Instrument

Legislation content

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 M1017 which considered amending certain maximum residue limits (MRLs) in the Code for residues of agricultural and veterinary chemicals that may occur in food. 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 Authority has approved a draft variation to Schedule 20 to vary maximum residue limits (MRLs) for residues of agricultural and veterinary chemicals in food commodities. Section S20—3 currently lists the MRLs for agricultural and veterinary chemicals residues which may occur in foods.  However, if an MRL is not listed for a particular agricultural or veterinary chemical food combination or there is no All other foods except animal food commodities MRL, there must be no detectable residues of that chemical in that food. This general prohibition means that, in absence of the relevant MRL in the Code, the 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 APVMA legislated changes in use patterns of agricultural and veterinary chemicals available to chemical product users. These changes include crop uses such as a reduction from a food group MRL to an individual commodity or an increase/addition of an individual commodity MRL within a group, and the withdrawal of older products following a review. 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 risk assessment including a dietary exposure assessment was conducted prior to the variation of MRLs to ensure that the amended limits pose negligible public health and safety concerns to consumers.

 


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 M1017 included one round of public consultation following an assessment and the preparation of a draft Standard and associated report. Submissions were called for on 5 December 2019 for a six-week consultation period domestically and sixty days through the WTO notification process.

 

A Regulation Impact Statement was not required because the approved variations to Schedule 20 are likely to have a minor impact on business and individuals and the OBPR previously provided a standing exemption (ID 12065).

 

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 in Schedule 20.

 

Item [1.1] omits all entries for listed chemicals.

 

Item [1.2] substitutes the current residue definition with a new residue definition, for the chemicals listed.

 

Item [1.3] inserts chemicals not currently listed, in alphabetical order, including chemical name, residue definition, food commodity and associated MRLs.

 

Item [1.4] omits the food commodities and associated MRLs, for the chemicals listed.

 

Item [1.5] inserts, in alphabetical order, the food commodities and associated MRLs, for the chemicals listed.

 

Item [1.6] substitutes the  MRLs associated with the specified food commodities, for the chemicals listed.

 

Item [1.7] amends the entry for the Agvet chemical ‘Clothianidin’ to:

 

  • omit the current residue definition for the chemical and substitute it with a new residue definition; and
  • omit the current MRL for the food commodity ‘Wine grapes’ for the chemical and substitute it with a new MRL.

 

 

Overview

The Food Standards Australia New Zealand Amendment Instrument 2020 (F2020L00939) was enacted to amend the Australia New Zealand Food Standards Code by updating the maximum residue limits (MRLs) for agricultural and veterinary chemicals that may occur in food. This legislative instrument was introduced to address the need for technical amendments to MRLs in response to changes in the use patterns of these chemicals, as well as to harmonise MRLs with international standards. Enacted under the Food Standards Australia New Zealand Act 1991, the policy objective of this amendment is to ensure that MRLs continue to pose negligible public health and safety concerns to consumers while permitting the legitimate sale of foods containing detectable residues. Public consultation was undertaken in accordance with the FSANZ Act, and a risk assessment was conducted to support the variation of MRLs. The approved variations to Schedule 20 of the Code are considered minor in impact and are not subject to parliamentary disallowance or sunsetting.

Scope and Application

The explanatory statement pertains to the variation of maximum residue limits (MRLs) for residues of agricultural and veterinary chemicals in food commodities as outlined in Schedule 20 of the Australia New Zealand Food Standards Code. This legislative instrument, developed under the Food Standards Australia New Zealand Act 1991, applies to all food commodities within Australia and New Zealand and targets entities involved in the production, processing, and distribution of food containing residues of agricultural and veterinary chemicals. The variations are designed to update MRLs to reflect current use patterns and to harmonise them with international standards, ensuring food safety while allowing the legitimate use of agricultural and veterinary chemicals. The legislative instrument is not subject to disallowance or sunsetting under the Legislation Act 2003. Public consultation was conducted in accordance with the procedure specified in Division 2 of Part 3 of the FSANZ Act, with submissions invited for a six-week period domestically and through the WTO notification process. The variations are exempt from requiring a Regulation Impact Statement and a statement of compatibility with human rights due to their anticipated minor impact and non-disallowable nature under the FSANZ Act.

Key Provisions

The primary operative sections of the legislation pertain to the development and variation of maximum residue limits (MRLs) for agricultural and veterinary chemicals in food. Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) outlines the Authority's function to develop standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (Code). Specifically, Proposal M1017, prepared by the Authority, considers amending MRLs for residues of agricultural and veterinary chemicals that may occur in food. This proposal has been approved as a draft variation and is now subject to the publication requirement under section 92 of the FSANZ Act. Once published, the draft variation becomes a legislative instrument under section 94, but it is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003. The obligations and requirements imposed by the Act on the parties or entities it governs include the necessity for the Authority to prepare a proposal for the development or variation of food regulatory measures in accordance with Division 2 of Part 3 of the FSANZ Act. This involves a detailed risk assessment and dietary exposure assessment to ensure that the amended MRLs pose negligible public health and safety concerns. The Authority must also undertake a round of public consultation, as mandated by the legislative procedure, to gather feedback on the proposed variations. This ensures transparency and stakeholder engagement in the regulatory process. Additionally, the Authority must consider APVMA legislated changes in use patterns of agricultural and veterinary chemicals, including harmonisation with international or trading partner standards. The legislation also outlines specific consequences for non-compliance with the approved draft variation of MRLs. Although the explanatory statement does not detail specific offences or penalties, the presence of MRLs in food that exceed the limits set by the Code could result in legal repercussions for producers, importers, and sellers of food products. This could include fines, product recalls, or other enforcement actions taken by relevant authorities to ensure compliance with the standards set forth in the Code. The exact penalties would depend on the specific jurisdictional regulations governing food safety and MRL compliance in Australia. The overarching goal is to ensure that the food supply remains safe for consumers by strictly enforcing the MRLs outlined in the Code.

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Area of Law
Environmental Law
Food Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.