Authority
3 Authority
This instrument is made under section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Contents
Preamble to Schedule
I Name
II Authority
III Background
IV Definitions
Schedule 1—The MRL Standard
Part 1—Preliminary
1 Explanation
2 Meat and milk [in the fat]
Part 2—The tables
1 Table 1—MRLs in food commodities
2 Table 2—Commodity portions
3 Table 3—Residue definitions
4 Table 4—Animal Feed Commodities
5 Table 5—MRLs not necessary
Table 1—MRLs in food commodities
Table 2—Portion of the commodity to which the MRL applies (and which is analysed)
Table 3—Residue definitions
Table 4—MRLs for pesticides in animal feed commodities
Table 5—Uses of substances where MRLs are not necessary
Preamble to Schedule
I Name
This instrument is the Agricultural and Veterinary Chemicals (MRL Standard for Residues of Chemical Products) Instrument 2023.
II Authority
This instrument is made under section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
III Background
(1) The MRL Standard set out in the Schedule lists MRLs of substances which may arise from the approved use of those substances or other substances, and provides the relevant residue definitions to which these MRLs apply. (2) The APVMA sets MRLs for agricultural and veterinary chemicals in agricultural produce, particularly produce entering the food chain. These MRLs are set at levels which are not likely to be exceeded if the agricultural or veterinary chemicals are used in accordance with their approved label instructions. At the time the MRLs are set the APVMA undertakes a dietary exposure evaluation to ensure the levels do not pose an undue hazard to human health. (3) In addition to the MRLs set by the APVMA (and its predecessor, the National Registration Authority for Agricultural and Veterinary Chemicals (NRA)), the MRL Standard includes recommendations made by the former Pesticides and Agricultural Chemicals Standing Committee (PACSC) of the National Health and Medical Research Council. (4) The MRL Standard also includes recommendations by the former Chemicals Safety Unit (CSU) of the Commonwealth Department of Human Services and Health. The CSU was responsible for recommending MRLs for agricultural chemicals in food and animal feedstuffs, and for maintaining the MRL Standard, from the disbandment of the PACSC until 30 June 1994, when this function was formally transferred to the then NRA on 1 July 1994. From 15 March 1994, the then NRA has set MRLs for agricultural chemicals in food and animal feedstuffs and has maintained the MRL Standard. On 30 July 2004 the name of the NRA was changed to the APVMA. Prior to the making of this Instrument, the APVMA published the MRL Standard on its website.
IV Definitions
(1) An expression used in the Agvet Code and in this Instrument has the same meaning in this Instrument as in the Agvet Code. (2) In this instrument:
Agvet Code means the Agricultural and Veterinary Chemicals Code which is a Schedule to the Agvet Code Act;
Agvet Code Act means the Agricultural and Veterinary Chemicals Code Act 1994;
extraneous residue limit (ERL) refers to a pesticide residue arising from environmental sources (including former agricultural uses) other than the use of the chemical directly or indirectly on the food, agricultural commodity or animal feed. ERL means the maximum concentration of the pesticide residue that is recommended to be legally permitted or recognised as acceptable in or on a food, agricultural commodity or animal feed;
feed additive means any substance or agent added to the basic feed mix for continuous long-term administration to livestock for specific purposes, for example, enhancing production or maintenance or health above the levels obtained from the basic feed, improvement of storage qualities or the palatability of the basic feed mix;
good agricultural practice means the nationally recommended, authorised or registered use-pattern of chemicals, that is necessary for effective and reliable pest control under actual conditions at any stage of production, storage, transport, distribution and processing of food commodities and animal feed;
maximum residue limit (MRL) means the maximum concentration of a residue resulting from the registered use of an agricultural or veterinary chemical which is legally permitted or recognised as acceptable to be present in or on a food, agricultural commodity or animal feed;
the MRL Standard means the MRL Standard ‑ Maximum Residue Limits in Food and Animal Feedstuff as set out in the Schedule;
primary feed commodity means a pasture, grain, forage or fodder in, or nearly in, its natural state intended for use by:
(a) farmers as stockfeed for use without further processing for livestock animals, or after silaging or similar farm processes; or
(b) stockfood manufacturers as a raw material for preparing compound feeds.
residue definition means the residue to which the MRL or ERL applies for each chemical as set out in Table 3 of the Schedule.
Schedule 1—The MRL Standard
Part 1—Preliminary
1 Explanation
(1) An asterisk ‘*’ in the Tables to the Schedule denotes that the MRL or the ERL is set at or about the limit of analytical quantitation. (2) A ‘T’ in the Tables to the Schedule denotes that the MRL or ERL, residue definition or use is temporary to enable further experimental work to be carried out in Australia or overseas, and will be reconsidered at some future date. This symbol is also used in cases where an MRL or ERL is being phased out. (3) An ‘E’ in the Tables to the Schedule denotes an ERL. (4) The food commodity designations and their codes used in the Tables have been adopted from the Codex Classification of Foods and Animal Feeds (Part 4 of the Guide to Codex Recommendations Concerning Pesticide Residues, second edition, 1989) with minor modifications. The code is included in the MRL Standard entry to assist in associating Australian MRLs with Codex MRLs. Where a commodity does not have a Codex classification, it is entered in the MRL Standard without a code. Modification of a Codex classification is denoted by { }. (5) MRLs set for `groups' of commodities are applicable to all members of the group as designated in the Codex classification. (6) Methods of analysis for measuring residues in food commodities must be appropriate to the residues defined in Table 3. Such methods are in most cases available in published manuals or in the chemical literature. Appropriate sources of methods for many compounds are available in the Guide to Codex Recommendations Concerning Residues. While the analyses are not confined to any particular method, they are subject to the necessary quality control procedures, including adequate recovery, minimal blank, a sufficiently low limit of analytical quantitation and absence of significant interferences. The analyst may choose any method appropriate to the compound, the commodity and the equipment, facilities and expertise available in the laboratory. (7) An MRL shall be regarded as being exceeded if the result of an analysis (by an experienced residue analyst on a sample taken according to official protocols), when rounded according to the Australian Standards SAA 2706-2003 to the number of significant figures in the MRL, exceeds the level set in the MRL Standard, taking into account the accuracy of the analysis. (8) For a food which is not specified but consists of, or contains, or is manufactured from one or more of the foods specified (e.g. fruit juice), the presence of residues at a level not greater than the respective MRLs is considered acceptable where there is no evidence of concentration. Where there is evidence of concentration, separate MRLs may be set for the appropriate commodities (e.g. wine, wheat germ). (9) The concentration of MRLs and ERLs are expressed in milligrams per kilogram of the food, agricultural commodity or animal feed or milligrams per litre for liquids. (10) MRLs on food commodities (Table 1) are expressed on a "fresh-weight" or "as received" basis. MRLs on animal feeds (Table 4) are normally expressed on a "dry-weight" basis. Expression on a "dry weight" basis means that where the sample is analysed on a "fresh weight" basis, a moisture level is determined on a separate subsample and the residue is calculated as if it were all in the dried portion. However, it should be noted MRLs which apply to primary human food commodities also apply when these commodities are used as animal feed commodities. (11) As a matter of policy, MRLs are not set for residues in tobacco or in agricultural commodities used primarily for fibre production, such as flax, cotton balls, hemp, wool or mohair, or hides of leather as these are not food commodities. (12) In normal practice MRLs are not set for residues in agricultural commodities used primarily for human or veterinary drug or medicine production, since it is assumed that processing under good manufacturing practices will remove any residues which might constitute a toxicological hazard to human health.