National Registration Scheme for Agricultural and Veterinary Chemicals

The federal legislation for the national registration of agricultural and veterinary chemicals consists of seven Acts. Three deal with registration activities and four relate to registration fees and charges. The centrepiece of this suite of legislation is the Agricultural and Veterinary Chemicals Code (the 'Agvet Code') scheduled to the Agricultural and Veterinary Chemicals Code Act 1994. All States and Northern Territory have enacted complementary legislation that applies the Agvet Code Australia-wide.

The Agvet Code contains the detailed operational provisions for registering agricultural and veterinary chemicals and establishes the powers of the Australian Pesticides and Veterinary Medicines Authority (APVMA). The APVMA administers the National Registration Scheme that registers and regulates the manufacture and supply of all pesticides and veterinary medicines used in Australia, up to and including the point of sale. Once sold, pesticides are regulated by each State’s control-of-use legislation.

The APVMA manages the risk assessment process for the registration of chemical products, which involves independently evaluating scientific data and providing the opportunity for public comment before registration. The APVMA also issues permits for off-label use, reviews currently registered products and investigates adverse experience reports.

Registration of chemicals includes approval of label directions for each approved pesticide product. Label directions specify how, and under what circumstances, the pesticide may be used to treat the specific target pest or pests. Labels give directions on clean-up, storage and disposal, and personal and environmental safety.

The APVMA website www.apvma.gov.au (external site) gives more details about the National Registration Scheme for Agricultural and Veterinary Chemicals.

South Australia

In addition to complementary legislation that enables the National Registration Scheme, SA has other legislation that regulates the sale and use of agricultural and veterinary chemicals in this State.

Rural Chemicals Program administers the Agricultural and Veterinary Products (Control of Use) Act 2002 and Regulations 2004. This is the primary legislation governing use of rural chemicals in SA.

The Act encourages responsible chemical use in the community by providing a clear framework for chemical users based on knowledge, skill and responsibility. It sets out what constitutes responsible use and gives powers to control persons who choose not to exercise that responsibility. The Regulations define label directions that must be followed, restrictions on certain chemicals and standards for fertilisers.

The Act and Regulations can be viewed through the following links:

Agricultural and Veterinary Products (Control of Use) Act 2002 (external site)

Agricultural and Veterinary Products (Control of Use) Regulations 2004 (external site) 

Fact Sheets

Rural Chemicals Program has produced a range of fact sheets dealing with various aspects of this legislation.

Agricultural and Veterinary Products (Control of Use) Act 2002 (.PDF)
Provides a brief overview of the Agricultural and Veterinary Products (Control of Use) Act 2002. The "General Duty" section applies to the issue of chemical trespass. When using or disposing of an agricultural chemical product, fertiliser or prescribed veterinary product, a person must take all reasonable and practicable measures to prevent or minimise-

• Actual or potential contamination of land outside the target area that is not trivial; or
• Actual or potential contamination of animals or plants on land outside the target area that is not trivial; or
• Actual or potential harm to the health or safety of human beings that is not trivial; or
• Other unintended actual or intentional environmental harm that is not trivial.

This General Duty is in the legislation to encourage responsible chemical use. It requires factors such as wind direction and strength, product selection, spray equipment and awarenerss of nearby sensitive areas to all be taken into consideration to meet the requirements of the General Duty. Ongoing cases of trespass events can result in regulatory action being taken to enforce the General Duty.

Using Agricultural Chemical Products Responsibly - Following Label Instructions (.PDF)
Any agricultural chemical product should be used according to label instructions. This fact sheet explains which label instructions are mandatory instructions that must be followed, and qualifications required to use certain chemicals. Mandatory instructions are any that contain the words "must", "must not", "may not", "do not", "not to be used", "not for use" or "use only".

Responsible Agricultural Chemical Use in Horticulture - Provisions for Participants in Quality Assurance Schemes (.PDF)
Describes special conditions for agricultural chemical use that apply to growers of horticultural crops that participate in approved Quality Assurance schemes. Growers may apply for an exemption to allow certain "off-label" uses of agricultural chemicals by completing the Application for an exemption under Regulation 7 form (.PDF).

Agricultural Chemical Products - Permitted and Prohibited Uses (.PDF)
The Agricultural and Veterinary Products (Control of Use) Regulations 2004 describe permitted and prohibited uses of registered agricultural chemical products. The Regulations allow limited extensions to the specific directions of use on the label in certain situations where there is no perceived change to the level of risk to trade, OH&S and the environment. This fact sheet explains, by way of examples, what uses of agricultural chemicals are permitted and what uses are prohibited in SA.

Through legislation administered by other SA Government Departments, agricultural and veterinary chemicals are subject to regulation for:

• Purchase and sale
• Licensing of commercial pest controllers
• Storage and transport
• Occupational Health, Safety and Welfare
• Environmental responsibility
• Disposal of chemicals and containers

Rural Chemicals Program has a fact sheet on Agricultural and Veterinary Chemicals Legislation (.PDF) that briefly summarises the applicable legislation, identifies the responsible government agency and provides contact details for additional information and advice.

Licensing of Commercial Pest Controllers

The Controlled Substances Licensing Section in SA Department of Health administers the parts of the Controlled Substances Act and Regulations relating to the licensing of pest control companies, pest management technicians and aerial spray contractors. In general, anyone who applies pesticides in SA for fee or reward should be licensed by Department of Health. Application forms and contact details are available on the Public Health website (external site).

Fertilisers

Fertilisers are not included within the scope of the National Registration Scheme for Agricultural and Veterinary Chemicals. However, the Agricultural and Veterinary Products (Control of Use) Act 2002 prescribes labelling requirements and standards limiting the the levels of unacceptable impurities such as heavy metals.