Application A409 - Information Summary

24 May 2000

12/00

Full Report [ pdf 49kb ]

INFORMATION SUMMARY

The Australia New Zealand Food Authority has received an application on 14 March and 16 April 2000 to amend the Australian Food Standards Code on the above matter. The Authority's Preliminary Assessment Report is attached and provides further detail. The Authority now invites public submissions on any issue raised in the Report for the purposes of making a full assessment.

In accordance with the transitional arrangements for food standards between Australia and New Zealand, individual country MRLs for agricultural and veterinary chemicals continue to apply for these standards and this application proposes changes for MRLs for food sold in Australia, whether imported or domestically produced.

Food sold in Australia which is either domestically produced or imported (other than from New Zealand) must comply with the Australian MRLs (ie in the Food Standards Code). Food imported from New Zealand must comply with either the New Zealand MRLs (ie in the New Zealand Food Standards 1999 and the New Zealand Food Regulations 1984 ) or the Australian MRLs.

Food sold in New Zealand which is either domestically produced or imported (other than from Australia) must comply with the MRL provisions in the New ZealandFood Regulations 1984. Food imported from Australia must comply with either the New Zealand MRLs or the Australian MRLs.

PRELIMINARY ASSESSMENT REPORT

Maximum Residue Limits - March and April 2000 MRLs

Applicant: National Registration Authority for Agricultural and Veterinary Chemicals (NRA).

Date received: 14 March and 6 April 2000

BACKGROUND:

The NRA has registered or varied the registration of specific chemicals. This application seeks to include:

  • MRLs for a new chemical carfentrazone-ethyl.

  • New MRLs (extensions of use) for carbendazim, chlorothalonil, chlorpyrifos, dimethomorph, emamectin benzoate, fipronil, fluazifop-butyl, fludioxonil, glyphosate, glufosinate-ammonium, lufenuron, mancozeb (dithiocarbamates) iprodione, oryzalin, oxyfluorfen, parathion-methyl, propiconazole, pymetrozine and metalaxyl.

  • Changes to MRLs for fludioxinil, iprodione, lufenuron, mancozeb, spinosad and trichlorfon.

  • Deletions to MRLs for mancozeb (dithiocarbamates),

  • Deletions following expiry of permits for cyanamide, diofenolan, fluvalinate, phosphorous acid.

  • Notification of a change to the registration status and consequent commodity MRLs for parathion-methyl as a result of the existing chemical review program by the NRA.

The requested changes to Schedule 1 of Standard A14 are summarised at Attachment 1. The evaluation reports sent to ANZFA from the NRA justifying the proposed MRL changes are available upon request (these will be emailed or posted to interested parties).

OBJECTIVE

The objective of this application is to vary Standard A14 - Maximum Residue Limits (MRLs) by changing the MRL list as indicated in Attachment 1 to allow maximum flexibility for producers whilst encouraging good agricultural practice. The chemicals indicated in these Attachments have been cleared by the NRA and registered for the uses associated with the requested MRLs.

POSSIBLE OPTIONS

Option 1. Accept the application and list the requested MRLs in Schedule 1 of Standard A14. This outcome would be based on a risk assessment, which indicated no public health and safety concerns at the predicted levels of intake.

Option 2. Remain with the status quo. If a possible risk to public health and safety is identified the MRLs will be referred back to the NRA for further consideration.

IDENTIFICATION OF AFFECTED PARTIES

The parties affected by this application include:

  • growers and producers of domestic and export food commodities;

  • consumers, including domestic and overseas customers;

  • importers of agricultural produce and foods; and

  • Commonwealth, State and Territory agencies involved in monitoring agricultural and veterinary chemicals in food.

POTENTIAL REGULATORY IMPACTS

Option 1:-
  • greater flexibility for producers and importers;

  • no additional public health risk resulting from consumption of commodities with the recommended MRLs; and

  • no additional impact for government monitoring programs.
Option 2:-
  • less flexibility for producers and importers;

  • possibility of reducing the range and quality of commodities for consumers; and

  • discrepancy between agricultural and health legislation regarding permitted MRLs.

Registration has been granted for the chemicals listed in Attachment 1 for specified purposes. The listing of MRLs in Schedule 1 of Standard A14 will allow food containing residues up to the MRL of the listed chemicals to be traded. This has an obvious advantage to food producers. consumers will also be advantaged by potential improvements in the variety of available food. The proposed changes to Standard A14 will complete the regulatory requirements regarding the changes to the use of these agricultural and veterinary chemicals.

CONSIDERATION OF ISSUES UNDER SECTION 13

(a) This application relates to a matter that can be developed as a food regulatory measure.

(b) This application is not so similar to a previous application that it ought not be accepted.

(c) There are no other measures that would be more cost effective than a food regulatory measure.

(d) The costs that would arise from a food regulatory measure developed as a result of the application would outweigh the direct and indirect benefits that would arise from the measure.

CONCLUSIONS

The above applications fulfil the requirements for preliminary assessment as prescribed in Section 13 of theAustralia New Zealand Food Authority Act 1991.

Based on the preliminary assessment report, the Authority has determined that this application would result in a change of minor significance and complexity to the Food Standards Code and that no one would be adversely affected if the Authority omitted under section 36 of the Australia New Zealand Food Authority Act 1991 to delete the second round of public comments and proceed directly to Inquiry. Should significant issues arise out of the initial public round of comments ANZFA will proceed only to the Full Assessment stage and undertake another round of comments to enable these issues to be addressed fully.

If accepted by the Authority and agreed to by the Australia New Zealand Food Standards Council, an amendment to the Code, as suggested by the applicant, would be included in Standard A14, which would allow food to be sold containing residues of the chemicals up to the limit of the MRL.

REGULATION IMPACT ANALYSIS

The Authority develops food regulation suitable for adoption in Australia and New Zealand. It is required to consider the impact, including compliance costs to business, of various regulatory (and non-regulatory) options on all sectors of the community that includes the consumers, food industry and governments in both countries. The regulation impact assessment will identify and evaluate, though not be limited to, the costs and benefits of the regulation, and its health, economic and social impacts. In the course of assessing the regulatory impact, the Authority is guided by the Australian Guide to Regulation (Commonwealth of Australia 1997) and New Zealand code of Good Regulatory Practice.

To assist in this process, comment on potential impacts or issues pertaining to these regulatory options are sought from all interested parties in order to complete the development of the regulation impact statement. Public submissions should clearly identify relevant impact(s) or issues and provide support documentation where possible.

WORLD TRADE ORGANIZATION (WTO) NOTIFICATION

Australia and New Zealand are members of the WTO and are bound as parties to WTO agreements. In Australia, an agreement developed by the Council of Australian Governments (COAG) requires States and Territories to be bound as parties to those WTO agreements to which the Commonwealth is a signatory. Under the agreement between the Governments of Australia and New Zealand on Uniform Food Standards, ANZFA is required to ensure that food standards are consistent with the obligations of both countries as members of the WTO.

In certain circumstances Australia and New Zealand have an obligation to notify the WTO of changes to food standards to enable other member countries of the WTO to make comment. Notification is required in the case of any new or changed standards which may have a significant trade effect and which depart from the relevant international standard (or where no international standard exists).

Matters relating to public health and safety may be notified as a Sanitary or Phytosanitary (SPS) notification, and other matters as a Technical Barrier to Trade (TBT) notification. It is considered that this application may constitute a potential Sanitary Phytosanitary (SPS) matter and needs to be notified to the WTO.

FOOD STANDARDS SETTING IN AUSTRALIA AND NEW ZEALAND

The Governments of Australia and New Zealand entered an Agreement in December 1995 establishing a system for the development of joint food standards. The Australia New Zealand Food Authority is now developing a joint Australia New Zealand Food Standards Code which will provide compositional and labelling standards for food in both Australia and New Zealand.

Until the joint Australia New Zealand Food Standards Code is finalised the following arrangements for the two countries apply:

  • Food imported into New Zealand other than from Australia must comply with either the AustralianFood Standards Code, as gazetted in New Zealand, or the New Zealand Food Regulations 1984, but not a combination of both. However, in all cases maximum residue limits for agricultural and veterinary chemicals must comply solely with those limits specified in the New Zealand
    Food Regulations 1984.

  • Food imported into Australia other than from New Zealand must comply solely with the Australian
    Food Standards Code.

  • Food imported into New Zealand from Australia must comply with either the Australian Food Standards Code or the New ZealandFood Regulations 1984, but not a combination of both.

  • Food imported into Australia from New Zealand must comply with the Australian Food Standards Code. However, under the provisions of the Trans-Tasman Mutual Recognition Arrangement, food may be imported into Australia from New Zealand if it complies with the New Zealand Food Regulations 1984 or Dietary Supplements Regulations 1985.
  • Food manufactured in Australia and sold in Australia must comply solely with the Australian Food Standards Code, except for exemptions granted in Standard T1.

In addition to the above, all food sold in New Zealand must comply with the New Zealand Fair Trading Act 1986 and all food sold in Australia must comply with the Australian Trade Practices Act 1974,and the respective Australian State and TerritoryFair Trading Acts.

Any person or organisation may apply to ANZFA to have the Food Standards Codeamended. In addition, ANZFA may develop proposals to amend the Australian Food Standards Code or to develop joint Australia New Zealand food standards. ANZFA can provide advice on the requirements for applications to amend the Food Standards Code.

INVITATION FOR PUBLIC SUBMISSIONS

Written submissions containing technical or other relevant information which will assist the Authority in undertaking a full assessment on matters relevant to the application, including consideration of its regulatory impact, are invited from interested individuals and organisations. Technical information presented should be in sufficient detail to allow independent scientific assessment.

Submissions providing more general comment and opinion are also invited. The Authority's policy on the management of submissions is available from the Standards Liaison Officer upon request.

The processes of the Authority are open to public scrutiny, and any submissions received will ordinarily be placed on the public register of the Authority and made available for public inspection. If you wish any confidential information contained in a submission to remain confidential to the Authority, you should clearly identify the sensitive information and provide justification for treating it in confidence. The Australia New Zealand Food Authority Act1991 requires the Authority to treat in confidence trade secrets relating to food and any other information relating to food, the commercial value of which would be or could reasonably be expected to be, destroyed or diminished by disclosure.

Following its full assessment of the application the Authority may prepare a draft standard or draft variation to a standard (and supporting draft regulatory impact statement), or decide to reject the application. If a draft standard or draft variation is prepared, it is then circulated to interested parties, including those from whom submissions were received, with a further invitation to make written submissions on the draft. Any such submissions will then be taken into consideration during the inquiry which the Authority will hold to consider the draft standard or draft variation to a standard.

All correspondence and submissions on this matter should be addressed to the Project Manager - Application A409at one of the following addresses:

Australia New Zealand Food Authority

Australia New Zealand Food Authority

PO Box 7186

PO Box 10559

Canberra Mail Centre ACT 2610

The Terrace WELLINGTON 6036

AUSTRALIA

NEW ZEALAND

Tel (02) 6271 2222 Fax (02) 6271 2278

Tel (04) 473 9942 Fax (04) 473 9855

The Authority should receive submissions by 5 July 2000. General queries on this matter and other Authority business can be directed to the Standards Liaison Officer at the above address or by Email on (slo@ANZFA.GOV.AU)
. Submissions should not be sent by Email as the Authority cannot guarantee receipt. Requests for more general information on the Authority can be directed to the Information Officer at the above address or by Email (info@ANZFA.GOV.AU).

Full Report [ pdf 49kb ]