Western Australia Agricultural Produce (Chemical Residues) Regulations 1985 Western Australia Agricultural Produce (Chemical Residues) Regulations 1985 CONTENTS 1. Citation 1 2. Commencement 1 2AA. Terms used in these regulations 1 2A. Agricultural chemicals 2 3. Maximum residue limits 3 4. Method of determination 5 5. Warrant to enter 6 Schedule 1 Schedule 3 Schedule 4 - Forms Notes Compilation table 14 Western Australia Agricultural Produce (Chemical Residues) Act 1983 Agricultural Produce (Chemical Residues) Regulations 1985 1. Citation These regulations may be cited as the Agricultural Produce (Chemical Residues) Regulations 1985 1. 2. Commencement These regulations shall come into operation on 1 September 1985. 2AA. Terms used in these regulations (1) In these regulations unless the contrary intention appears - animal feeding stuff means any substance, including any mixture or compound, and whether in package form or in bulk, used or intended for consumption by any animal or offered for sale for that purpose, and includes basic feed, processed food and manufactured stock foods; basic feed means any grain, seeds, hay, meat or fish used as, or in the preparation of, an animal feeding stuff; by-product means any substance produced from an animal or plant, in any process of treatment or manufacture, not being the primary object of such process; Food Standards Code means the code published under the name "Food Standards Code" in the Commonwealth Food Standards Gazette on 27 August 1987 together with any amendments to the standards in that Code up to and including "Amendment 84"; manufactured stock food means any feed made up of one or more of the following - (a) basic feed; (b) processed food; (c) by-products, and includes stock licks but does not include basic feed only; MRL Standard means the "Maximum Residue Limit Standard", listing maximum residue limits set by the Australian Pesticides and Veterinary Medicines Authority (APVMA) as published in the Agricultural and Veterinary Chemical Gazette of the Commonwealth, together with any amendments, as at February 2006; processed food means a basic feed which has been changed in form by chemical, physical, or mechanical treatment and includes by-products. (2) In these regulations a reference to agricultural produce by a group name specified in Column 1 of Schedule 1 is a reference to the agricultural produce specified opposite that group name in Column 2 of that Schedule. [Regulation 2AA inserted in Gazette 22 May 1987 p. 2202; amended in Gazette 11 Jun 1996 p. 2431-2; 11 Aug 2006 p. 2977-8.] 2A. Agricultural chemicals If a substance is - (a) defined as a "metal contaminant" in the Food Standards Code, Standard 1.4.1, clause 2; or (b) defined as a "chemical" in the Food Standards Code, Standard 1.4.2, clause 1(6) and listed in bold type in one of the shaded boxes in Schedule 1 of that Standard; or (c) listed as a "compound" in the MRL Standard Table 4; or (d) listed as in Schedule 3 to these regulations, that substance is prescribed to be an "agricultural chemical" for the purposes of the Act. [Regulation 2A inserted in Gazette 11 Aug 2006 p. 2978.] 3. Maximum residue limits (1) Subject to this regulation, the maximum residue limits prescribed for agricultural chemicals in agricultural produce are those set out in - (a) the Table to clause 2 of the Food Standards Code, Standard 1.4.1; or (b) Schedule 1 of the Food Standards Code, Standard 1.4.2; or (c) Table 4 to the MRL Standard. (2) Where there is no maximum residue limit prescribed for an agricultural chemical in agricultural produce under subregulation (1), the maximum residual limit is zero. (3) Where mixed agricultural produce listed in a Schedule or Table referred to in subregulation (1) contains more than one kind of agricultural produce listed under or against an agricultural chemical, then the following formulae are to be used to calculate a maximum residue limit (MRL) for the agricultural chemical in relation to that mixed agricultural produce - For a mixture of 2: [pic] Where - MRL C = the MRL that applies to the agricultural chemical in the mixed agricultural produce; MRL A = the MRL for the agricultural chemical which applies to agricultural produce A; MRL B = the MRL for the agricultural chemical which applies to agricultural produce B; Total Weight = the total weight of the mixed agricultural produce; Weight A = the total weight of agricultural produce A; Weight B = the total weight of agricultural produce B. For a mixture of more than 2: [pic] (4) Where residues of 2 or more of the agricultural chemicals listed in any one group of those specified in Schedule 3 are present in any agricultural produce, then when the following formula is applied, the MRL levels are exceeded if the result (Z) is greater than 1. Where 2 residues are present: [pic] Where more than 2 residues are present: [pic] [Regulation 3 inserted in Gazette 11 Aug 2006 p. 2978-9.] 4. Method of determination For the purpose of determining the agricultural chemicals present in agricultural produce, the agricultural produce examined shall consist of the whole agricultural produce and the results of the analysis shall be expressed in milligrams of the residue per kilogram (mg/kg) of the whole agricultural produce except in the case of the following agricultural produce, which shall be examined subject to the modifications specified below - (a) bananas - crown tissue and stalk shall be removed and discarded; (b) tree nuts - shells shall be removed and discarded; (c) strawberries - caps (hulls) shall be removed and discarded; (d) melons - stems shall be removed and discarded; (e) corn (Zea mays) - stems and outer sheaths (husks) shall be removed from the ears and discarded (only the corn kernels shall be examined); (f) pineapples - the crowns (leaves at the top of the fruit) shall be removed and discarded; (g) passionfruit - skin shall be removed and discarded; (h) eggs - shells shall be removed and discarded; (i) stone fruits - stones shall be removed and discarded; (j) root vegetables - where a maximum residue limit is specified in relation to a root vegetable including tops or with tops and the tops and the root are marketed together, they shall be analysed separately and neither the residue on the roots nor the residue on the tops shall exceed the maximum residue limit. [Regulation 4 amended in Gazette 11 Jun 1996 p. 2432.] 5. Warrant to enter The form set out in Schedule 4 is prescribed for the purposes of section 14(4) of the Act. [Regulation 5 inserted in Gazette 20 Mar 2007 p. 1036.] Schedule 1 [Regulation 2AA] |Column 1 |Column 2 | |Group name |Agricultural produce | |Alliums |Chives, Garlic, Leeks, Onions,| | |Shallots | |Berry fruits |Blackberries, Boysenberries, | | |Currants, Elderberries, | | |Gooseberries, Loganberries, | | |Mulberries, Raspberries, | | |Rosehips, Strawberries, | | |Vaccinium berries | |Berry vegetables |Cape gooseberry, Capsicums, | | |Eggplant, Okra, Tomatoes | |Cereal grains |Barley, Maize, Millet, Oats, | | |Rice, Rye, Sorghum, Triticale,| | |Wheat | |Citrus fruits |Citrons, Cumquats, | | |Grapefruits, Lemons, Limes, | | |Mandarins, Oranges, Pomeloes, | | |Tangeloes, Tangors | |Cucurbits |Chokos, Cucumbers, Marrows, | | |Melons, Pumpkins, Squash | |Fish |Crustaceans, Freshwater fish, | | |Sea-fish, Shellfish | |Fruit |Avocadoes, Bananas, Berry | | |fruits, Citrus fruits, Custard| | |apples, Figs, Grapes, Guavas, | | |Mangoes, Monstera, | | |Passionfruit, Pawpaws, | | |Persimmons, Pineapples, Pome | | |fruits, Stone fruits | |Leafy vegetables |Chinese cabbage, Cole crops | | |(Broccoli, Brussel sprouts, | | |Cabbages, Cauliflowers, Kale, | | |Kohlrabi), Cress, Endive, | | |Lettuce, Spinach, Swiss chard,| | |Turnip tops | |Meat |Buffaloes, Cattle, Goats, | | |Pigs, Sheep | |Oil seeds |Cottonseed, Linseed, Rapeseed,| | |Safflower seed, Sunflower seed| |Pome fruits |Apples, Crabapples, Loquats, | | |Medlars, Pears, Pomegranates, | | |Quinces | |Poultry |Domestic fowls, Ducks, Geese, | | |Guinea fowls, Pheasants, | | |Pigeons, Quail, Turkeys | |Root vegetables |Artichokes, Beetroot, Carrots,| | |Celeriac, Chicory root, | | |Horseradish, Parsnips, | | |Potatoes, Radishes, Salsify, | | |Scorzonera, Swede turnips, | | |Sweet potatoes, Turnips | |Seed and pod vegetables|Broad beans, Dried bean seeds,| | |Dried pea seeds, Garden peas, | | |Green beans, Lentils, Mung | | |beans, Soya beans, Sugar peas | |Stalk vegetables |Asparagus, Bamboo shoots, | | |Celery, Fennel, Rhubarb | |Stone fruits |Apricots, Cherries, | | |Nectarines, Peaches, Plums | |Tree nuts |Almond, Brazil, Cashew, | | |Chestnuts, Hazel, Litchi, | | |Macadamia, Pecan, Pistachio, | | |Walnuts | |Vegetables |Alliums, Berry vegetables, | | |Cucurbits, Leafy vegetables, | | |Root vegetables, Seed and pod | | |vegetables, Stalk vegetables | [Schedule 1 inserted in Gazette 11 Jun 1996 p. 2432-4.] [Schedule 2 deleted in Gazette 11 Aug 2006 p. 2979.] Schedule 3 [Regulation 3] Group A |Aldrin |Endosulfan | |Chlordane |Endrin | |Chlordecone |Heptachlor | |Dieldrin |Isobenzan | Group B |BHC and its isomers |Lindane | |DDT (including DDD and DDE)|Methoxychlor | | |Quintozene | |Dicofol | | |Fenarimol | | Group C Camphechlor Chlorinated terpene isomers Group D |Azamethiphos |Famphur | |Azinphos-ethyl |Fenamiphos | |Azinphos-methyl |Fenchlorphos | |Bromophos-ethyl |Fenitrothion | |Carbophenothion |Fensulfothion | |Chlorfenvinphos |Fenthion | |Chlorpyriphos |Formothion | |Chlorpyriphos-methyl |Isocarbophos | |Chlorthiophos |Leptophos | |Coumaphos |Maldison | |Crotoxyphos |Menazon | |Demeton |Methamidophos | |Diazinon |Methidathion | |Dichlorvos |Mevinphos | |Dimethoate |Monocrotophos | |Dioxathion |Naled | |Disulfoton |Naphthalophos | |Dithianon |Omethoate | |Ethion |Parathion | |Ethoprophos |Parathion-methyl | |Phenkapton |Schradan | |Phorate |Sulprofos | |Phosalone |Temephos | |Phosmet |Tetrachlorvinphos | |Phosphamidon |Thiometon | |Pirimiphos-ethyl |Tributylphosphorotrithioate | |Pirimiphos-methyl |Trichlorfon | |Prothiophos |Vamidothion | |Pyrazophos | | Group E |Dithiocarbamates |propineb | |(including - |thiram | |ferbam |zineb | |mancozeb |ziram) | |maneb |Formetanate | Group F |4-CPA |MCPB | |2,4-D |Picloram | |Diclofop-methyl |2,4,5-T | |MCPA | | Group G |Aldicarb |Phenisopham | |Aminocarb |Promacyl | |Bendiocarb |Promecarb | |Butacarb |Propham | |Carbaryl |Propoxur | |Iprodione |Thiobencarb | |Methomyl |Thiobucarb | |Oxamyl | | Group H |Chloroxuron |Metobromuron | |Diuron |Metoxuron | |Fluometuron |Monuron | |Linuron |Noruron | |Methabenzthiazuron |Thidiazuron | Group I Cambendazole Parbendazole Thiabendazole Group J |Carbendazim (including - | | |benomyl | | |thiophanate | | |thiophanate-methyl) | | Group K Dinoseb DNOC Group L |Ametryn |Metribuzin | |Atrazine |Prometryn | |Aziprotryne |Propazine | |Cyanazine |Simazine | |Cycloparafate |Terbuthylazine | |Desmetryn |Terbutryn | Group M |Alachlor |Metolachlor | |Butachlor |Propachlor | |Fluchloralin |Prynachlor | Group N Chlormequat Diquat Paraquat Group O Captafol Captan Group P Carbon tetrachloride Ethylene dibromide (EDB) Ethylene dichloride Methyl bromide Trichloroethylene Group Q Azocyclotin Cyhexatin Fenbutatin-oxide Group R Fenfuram Methfuroxam Group S |Bioresmethrin |Fenvalerate | |Cypermethrin |Permethrin | |Deltamethrin |Pyrethrins | Group T Etridiazole Triadimefon Triazbutil [Schedule 3 inserted in Gazette 11 Jun 1996 p. 2489-91; amended in Gazette 11 Aug 2006 p. 2979-80.] Schedule 4 - Forms [r. 5] [Heading inserted in Gazette 20 Mar 2007 p. 1037.] Form 1 |Agricultural Produce | | |(Chemical Residues) | | |Act 1983 | | |Warrant to Enter | | | | |Warrant |The persons named below are authorised to | | |enter the land described below for the | | |purpose set out below, using as much force | | |as is necessary. | | | |Persons |Any authorised persons appointed under | |authorise|section 6 of the Act | |d to |Other persons named below: | |enter |( | | |( | | | |Land to | | |be | | |entered | | | | |Purpose | | |for which| | |entry is | | |permitted| | | | |Grounds |I am satisfied that the entry is reasonably| |for |required and that - | |warrant |( entry has been refused or is opposed or | | |prevented; or | | |( entry cannot be obtained; or | | |( notice cannot be given under | | |section 14(2) of the Act without | | |occasioning undue delay or difficulty. | | | |Justice |Signature | |of the | | |Peace | | | |Name | | |Date | [Form 1 inserted in Gazette 20 Mar 2007 p. 1037.] Notes 1 This is a compilation of the Agricultural Produce (Chemical Residues) Regulations 1985 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint. Compilation table |Citation |Gazettal |Commencement | |Agricultural Produce |30 Aug 19|1 Sep 1985 (see | |(Chemical Residues) |85 |r. 2) | |Regulations 1985 |p. 3127-4| | | |5 | | |Agricultural Produce |18 Oct 19|18 Oct 1985 | |(Chemical Residues) |85 | | |Amendment |p. 4083 | | |Regulations 1985 | | | |Agricultural Produce |7 Nov 198|7 Nov 1986 | |(Chemical Residues) |6 p. 4173| | |Amendment | | | |Regulations 1986 | | | |Agricultural Produce |22 May 19|22 May 1987 | |(Chemical Residues) |87 | | |Amendment |p. 2202-3| | |Regulations 1987 | | | |Agricultural Produce |11 Jun 19|11 Jun 1996 | |(Chemical Residues) |96 | | |Amendment |p. 2431-9| | |Regulations 1996 |1 | | |Reprint of the Agricultural Produce (Chemical | |Residues) Regulations 1985 as at 9 Nov 2001 (includes | |amendments listed above) | |Agricultural Produce |30 Dec 20|1 Jan 2005 (see r. 2| |(Chemical Residues) |04 |and Gazette | |Amendment |p. 6894 |31 Dec 2004 p. 7130)| |Regulations 2004 | | | |Agricultural Produce |11 Aug 20|11 Aug 2006 | |(Chemical Residues) |06 | | |Amendment |p. 2977-8| | |Regulations 2006 |0 | | |Reprint 2: The Agricultural Produce (Chemical | |Residues) Regulations 1985 as at 2 Feb 2007 (includes | |amendments listed above) | |Agricultural Produce |20 Mar 20|20 Mar 2007 | |(Chemical Residues) |07 | | |Amendment |p. 1036-7| | |Regulations 2007 | | |