Chemicals and fertiliser

Control and use of agricultural chemicals in Australia
Controlling and use of agricultural chemicals in Victoria

Unwise use of chemicals and fertilisers can cause accidental poisoning, pollution, chemical residues, damage to native flora or fauna (including beneficial insects) and even resistance in the targeted pest or disease. Communities are becoming increasingly concerned about health risks and environmental damage. However, there is a better understanding of health and safety issues by chemical users and the community. This is demonstrated by the report of the Results of Victorian Government Targeted Chemical Residue Testing of Fresh Produce (Victorian Produce Monitoring Program 2004, DPI 2005). From the analysis of 405 Victorian grown fresh produce samples for various agricultural chemical residues, only 17 samples had chemical residues that were unacceptable.

Control and use of agricultural chemicals in Australia

Background

Since March 1995 the registration of agricultural and veterinary chemicals and their products (agvet chemicals) has been conducted through a national registration scheme. All aspects of agvet chemicals up until the point of retail sale is controlled by commonwealth legislation, while state and territory legislation deals with all aspects of agvet chemicals following the point of sale (e.g. the control of chemical usage).

A booklet published in June 2005, An Overview of Australia's National System for Managing Agricultural and Veterinary Chemicals, gives a clear summary of how the agvet system works nationally The booklet is available for downloading at: www.apvma.gov.au

Registration of agvet chemical constituents and products

Australia has a national registration scheme for agvet chemical constituents and products, with three main elements:

Agvet Code;
Australian Pesticides and Veterinary Medicines Authority (APVMA); and
collection of levies to finance the cost of registration and administration generally.

Agvet Code

The Agvet Code was introduced through Commonwealth legislation in 1994, i.e. the Agricultural and Veterinary Chemicals Code Act 1994 (Cth). Strictly speaking the agvet code is a Commonwealth law that only operates in the Australian Capital Territory. However, to enable this code to have national coverage, other Commonwealth, state and territory legislation was passed in 1994 (e.g. Agricultural and Veterinary Chemicals Act 1994 (Vic)) to include the code as part of the legislation of each state and territory. As a result the code is used in all states and territories of Australia.

The Agvet Code regulates the registration of agvet chemical constituents or products.

The Agvet Code uses a few key terms which the reader should understand:

Agricultural chemical product: This is a substance or mixture of substances that directly or indirectly:

negatively affects any pest in relation to a plant, place or thing;
destroys a plant;
modifies the physiology of a plant or pest;
modifies an effect of another agricultural chemical product; or
attracts a pest for the purposes of destroying it.

It also includes a substance or mixture of substances declared by the regulations to be an agricultural chemical product. However, it does not include veterinary chemical products as they are defined separately.

Veterinary chemical product: This is a substance or mixture of substances that by its administration or application to an animal, or by its consumption by an animal, directly or indirectly:

prevents, diagnoses, cures or alleviates a disease, condition or infestation of an animal;
curing an injury of an animal;
modifies the physiology of an animal. This includes both altering the animal’s development, productivity, quality or reproductive capacity, or any modification to make it more manageable;
modifies the effect of another veterinary chemical product.

This includes vitamins if they are used for the purposes outlined above. The definition also includes any substances declared by the regulations to be a veterinary chemical product. Note that substances prepared by a veterinary surgeon or a pharmacist by way of a prescription are not considered veterinary chemical products.

Constituent: This refers to any component of a chemical product.

Australian Pesticides and Veterinary Medicines Authority (APVMA)

The APVMA is an independent statutory authority responsible for the regulation of agvet constituents and products in Australia. It:

assesses and registers agvet constituents and products in accordance with the agvet code;
controls them up to and including the point of retail sale; and
controls their manufacture, distribution, supply and labeling.

In deciding if agvet chemical constituents or products should be registered, the APVMA, under the Agvet Code, must check that:

the application has been made correctly;
all the necessary samples have been submitted;
these samples have been correctly labelled;
where necessary, any gene technology requirements have been complied with;
all regulatory requirements relating to the constituent, product or label, have been complied with;
the use of the constituent or product would not be hazardous to plant, animal or human life, or endanger trade;
the proper use of the product would be effective;
the label contains adequate instructions, such as:
- how, when, under what circumstances and how often the product should be used;
- the withholding and re-entry periods after the use of the product;
- the disposal of the product (and containers);
- the safe handling of the product and use of first aid;
- any other matters prescribed by the regulations;
any approval or registration fee has been paid.

The APVMA then approves a label that gives instructions for the approved use(s) and contains warning statements and information to minimise risks from the use of the product (Agricultural and Veterinary Chemicals Code Act 1994 (Cth)).

In addition to registering new agvet chemicals, the APVMA:

reviews the registration of a priority list of existing chemicals;
undertakes special reviews in the light of new information or adverse events;
grants permits to provide for off-label use;
conducts a program allowing minor uses of chemicals; and
ensures that chemicals being sold comply with their stated formulation and labeling.

The APVMA issues a quarterly electronic Newsletter that announces changes to regulations and other news. You can subscribe to the Newsletter free of charge at: www.apvma.gov.au/

Collection of levies

To cover the cost of registration and general administration of agvet chemicals, the Commonwealth Government legalised the imposition and collection of levies on chemical products (Agricultural and Veterinary Chemical Products Levy Imposition (Collection of Levy) Act 1994 (Cth)):

imported and sold wholesale;
manufactured; and
imported and sold directly at retail.

Penalties

In Victoria you cannot use unregistered chemical products unless:

you have the relevant agvet chemical authorisation; (see 'Authorisations')
the usage takes place within two years of deregistration;
the usage is under the instructions of a veterinarian for a veterinary purpose and the usage is not prohibited under s 25A of the Agriculture and Veterinary Chemicals (Control of Use) Act 1992 (Vic).

The penalty for not complying with this rule is $40 000 for a corporation or $20 000 in any other case.

Manufacture and supply of agvet chemical constituents and products

This is also regulated by the Agvet Code and administered by the APVMA. In 2004 the APVMA announced an audit scheme to ensure that active constituents used in pesticide products meet APVMA Standards. Under the new scheme, referred to as the 'Ag actives QA Scheme', companies registering products are required to retain batch analysis results of active constituents used in their products and other records. You can see details of the scheme at www.apvma.gov.au.

The APVMA allowed a six months transition period and began formal auditing of records under this scheme in July 2005. APVMA will test selected agricultural chemical products to complement auditing activities. If a registrant does not comply with the requirements, the APVMA may take action including warning letters, additional product testing, product recall or suspension of product registration.

Selling agvet chemicals

Failure to comply with an order banning the sale of any chemical product, fertiliser or stock food may result in a penalty of $40 000 for a corporation or $20 000 in any other case.

Controlling the use of agvet chemicals

Authorisations

The following types of authorisations exist in relation to the use of agvet chemicals or products:

an unregistered chemical product;
a chemical product at a rate higher than the maximum rate on the label for that use;
a chemical product more frequently that the use intervals specified on the label for that use;
a chemical product contrary to a specific restraint statement on the product label.

Commercial Operator's Licence - required by people who are in the business of ground application of agricultural chemicals;
Agricultural Chemical User Permit - required if you wish to use certain agricultural chemicals and you are not a pilot or commercial ground operator;
Agricultural Aircraft Operator's Licence - required to operate a business that provides an aerial spraying service and to employ pilots to carry out aerial spraying;
Pilot's (Chemical Rating) Licence - required by any person who pilots an aircraft to carry out aerial spraying;
Agricultural Chemical Control Area permit - allows a chemical use in an Agricultural Chemical Control Area that would otherwise be prohibited;
A section 25A permit issued by DPI is required to use a restricted chemical in an off-label manner;
Applicator's chemical rating certificate - is necessary if you want to use a prescribed chemical product, fertiliser or stock food. This is currently not available for issue, as use of the relevant chemicals are actually authorised under Agricultural Chemical User Permit;
Permits issued by the Australian Pesticides and Veterinary Chemicals Authority (APVMA) are required in Victoria to use:

All permits issued by APVMA can be applied for through the APVMA website.

All other licences and permits are issued through the DPI and can be applied for through the DPI website.

Specific aspects of the above types of agvet authorisation are discussed below.

Certain procedures, however, apply to all types of agvet licences.