Food Standards Australia New Zealand Act 1991

The APVMA may vary the Maximum Residue Limits Standard to include or change a permitted maximum residue limit to cover the chemical product.

A variation made under subsection (1) is a legislative instrument.

Section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation: see subsection 44(1) of that Act.

Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the variation: see subsection 54(1) of that Act.

Before making a variation under subsection (1), the APVMA must notify the Authority of a proposed variation.

The Authority must:

prepare a dietary exposure assessment of the proposed variation and give a copy of the assessment to the APVMA and the Forum on Food Regulation; or

if, with the Authority’s agreement, a dietary exposure assessment of the proposed variation is prepared by another person or body:

review the assessment and prepare comments on the assessment (including comments relating to the dietary exposure risk of the proposed variation); and

give a copy of the assessment to the Forum and, if the assessment is not prepared by the APVMA, give a copy of the assessment to the APVMA; and

give a copy of the comments on the assessment to the APVMA and the Forum.

Before making a variation under subsection (1), the APVMA must:

if paragraph (4)(a) applies—consider the assessment; or

if paragraph (4)(b) applies—consider the assessment and the comments on the assessment referred to in that paragraph.

The APVMA must give a copy of a variation made under subsection (1) to the Authority.

In addition to the requirement under the Legislation Act 2003 for a variation made under subsection (1) to be registered, the APVMA must cause a copy of the variation to be published in the Gazette.

Despite subsection 12(1) of the Legislation Act 2003, a variation made under subsection (1) of this section commences on the day a copy of the variation is published as mentioned in subsection (7) of this section.