Food Standards (Proposal P1027 – Managing Low-level Ag & Vet Chemicals without MRLs) Variation

Administered by Department of Health, Disability and Ageing

Legislation au F2017L00026 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 P1027 to manage the presence in food commodities of low level inadvertent agvet chemical residues without MRLs in the Code. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft variation of a 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 draft variation of a standard.

 

Section 94 of the FSANZ Act specifies that 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 amendments to Schedule 20, which relate to allowing All other foods except animal food commodities MRLs for the legitimate presence of low level inadvertent residues of certain agvet chemicals, assessed as safe, in the food.

The amended provisions in Schedule 20 are section S202 and the table to section S203.

 

Section S202, which is an interpretation provision, was amended to include an explanation of what ‘animal food commodities’ mean.

 

The table to section S203 was amended to include a new food category ‘All other foods except animal food commodities’ and associated MRLs for 19 chemicals. The table lists the MRLs for residues of agvet chemicals which may occur in or on food commodities following their legitimate use in food production. If there is no MRL for a particular agvet chemical and food combination in the Code, a ‘zero tolerance’ approach is applied and means there must be no detectable residue of the chemical in the food. Prior to the commencement of the draft variation, any food commodity to which the zero tolerance approach was applied would have been in breach of the Code and may not have been sold.

 

The approved draft variation permits the sale of certain food commodities with detectable low level inadvertent agvet chemical residues. It is a technical amendment to address the unintended contamination of the food commodities through spray drift, crop rotation or use of packaging equipment.


The approach used a scientific risk assessment process including dietary exposure to ensure the values established for this MRL category do not present any public health and safety concerns.

 

3. Documents incorporated by reference

 

The variations to food regulatory measures do not incorporate any documents by reference.

 

4. Consultation

 

The Authority’s consideration of P1027 included two rounds of public consultation.

 

The first public consultation was undertaken on 16 December 2014 following assessment of the proposal. This was a non-statutory public consultation.

 

The second public consultation was undertaken in accordance with the procedure set out in Division 2 of Part 3 of the FSANZ Act, in which submissions were called for on 22 April 2016 for a six-week consultation period.

 

A Regulation Impact Statement was not required because the proposed amendments to Schedule 20 are likely to have a minor impact on business and individuals (OBPR 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

 

Sub item [1.1] amends section S202 by inserting an explanation of what ‘animal food commodities’ means.

 

Item [1.2] amends section S203 by inserting a new food category ‘All other foods except animal food commodities’ and associated MRLs for the following 19 chemicals:

 

  • Ametoctradin
  • Azoxystrobin
  • Bifenthrin
  • Captan
  • Cyfluthrin
  • Deltamethrin
  • Fenhexamid
  • Fludioxonil
  • Glyphosate
  • Iprodione
  • Methomyl
  • Penthiopyrad
  • 2-Phenylphenol
  • Pyrimethanil
  • Spinosad
  • Thiabendazole
  • Thiodicarb
  • Triadimefon
  • Triadimenol.

Overview

The Food Standards Australia New Zealand Amendment Instrument 2017 (F2017L00026) was enacted to address the issue of low level inadvertent residues of certain agricultural and veterinary (agvet) chemicals in food commodities where no maximum residue limits (MRLs) were previously set in the Australia New Zealand Food Standards Code (the Code). This legislation amends the Code to allow the legitimate presence of these residues in food, except for animal food commodities, where they have been assessed as safe. This amendment responds to instances of unintended contamination through factors such as spray drift, crop rotation, or the use of packaging equipment. The Food Standards Australia New Zealand Act 1991 mandates the Authority to develop and vary food regulatory measures, including standards, and requires public consultation as specified in the Act. The policy objective is to ensure food safety and public health while accommodating technical limitations in food production processes.

Scope and Application

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) governs the functions of Food Standards Australia New Zealand (FSANZ), including the development and variation of food standards within the Australia New Zealand Food Standards Code. This legislation applies to food regulatory measures, including standards, which are intended to manage low-level inadvertent agvet chemical residues in food commodities. The Authority, as specified in the FSANZ Act, developed Proposal P1027 to address the issue of low-level inadvertent agvet chemical residues in food commodities that lack maximum residue limits (MRLs) in the Code. Following the necessary procedures and consultations, the Authority approved a draft variation of a standard to allow the legitimate presence of low-level residues of certain agvet chemicals in food commodities, ensuring that these residues do not pose any public health and safety concerns. This variation applies to all food commodities except animal food commodities and includes MRLs for 19 specified chemicals, thereby permitting the sale of certain contaminated food commodities. The legislative instrument is not subject to parliamentary disallowance or sunsetting, and it exempts from the requirement for a statement of compatibility with human rights.

Key Provisions

The key provisions of this legislative instrument revolve around the development and variation of standards in the Australia New Zealand Food Standards Code, particularly concerning the presence of low level inadvertent agvet chemical residues in food commodities (section 13 and section 92 of the FSANZ Act). The Authority has approved a draft variation of a standard under section 94 of the FSANZ Act, allowing the sale of certain food commodities with detectable low level inadvertent agvet chemical residues. This variation is a technical amendment to address unintended contamination through mechanisms such as spray drift, crop rotation, or the use of packaging equipment. The scientific risk assessment process ensures that the established MRLs do not present any public health and safety concerns. This Act imposes obligations on the Authority to consider and develop proposals for food regulatory measures, including standards, in accordance with Division 2 of Part 3 of the FSANZ Act. It also mandates the Authority to publish a notice about the draft variation of a standard, as per section 92 of the FSANZ Act. The Authority's consideration of Proposal P1027 included two rounds of public consultation, with the second round being statutory and conducted over a six-week period starting on 22 April 2016. The Authority must ensure that any variations do not incorporate any documents by reference, as stated in the explanatory statement. There are no specific offences or penalties outlined in this legislative instrument. However, the Authority's draft variation of the standard aims to address the unintended presence of low level agvet chemical residues in food commodities, thus preventing potential breaches of the Code. Any non-compliance with the new MRLs established by the draft variation could potentially result in the food commodities being considered in breach of the Code and may not be sold. The instrument itself is exempt from the requirements for a statement of compatibility with human rights due to its non-disallowable nature under section 94 of the FSANZ Act.

Legal classification tags

Area of Law
Food Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.