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Off-label use and giving advice on chemical use
Off-label use is the application of agricultural or veterinary chemicals in a way not exactly specified on the product label. Off-label use is not illegal in Victoria within certain limits.
Off-label use is prohibited when:
- The product is a 'restricted use' chemical, unless a Section 25A permit has been issued for that use by the DPI, see: Section 25A permit application form
- The chemical is used at a rate higher than the maximum application rate for that use, as stated on the label, unless a permit has been issued by the Australian Pesticides and Veterinary Chemicals Authority (APVMA)
- The chemical is used at intervals more frequent than the intervals for that use, as stated on the label, unless a permit has been issued by the APVMA
- The chemical is used in a way that the label specifically states must not be used in that way (e.g. 'DO NOT apply by air', unless a permit has been issued by the APVMA)
- The product is a veterinary chemical and is used in certain situations or on certain animals
- The product does not have label directions for use on stored grain or grain in transit but is used in those situations.
A person must not apply or administer a registered agricultural chemical product to an animal unless a permit for that use has been granted by the APVMA or the use is by, or in accordance with the written instructions from a veterinary practitioner and the use is not prohibited.
Off-label use of chemicals is not recommended by DPI and is not included within a manufacturer's warranty. All aspects of off-label use are the user's responsibility, including residue control, environmental safeguards, occupational health and safety and animal welfare.
In cases where a chemical is used off-label, DPI recommends that growers confirm the residue status of their produce through pre-harvest residue testing. The presence of unacceptable residues in produce can have significant consequence for growers, packers, and sometimes whole agricultural industries.
Giving advice on chemical use
Under Victorian legislation, giving advice on agricultural and veterinary chemical use can be an offence. It is an offence when the information given is false and misleading and if relied upon would:
- Cause the user of the chemical product to breach a part of the Agricultural and Veterinary (Control of Use) Act 1992, or the Regulations made under the Act (e.g. giving off-label advice to use a 'restricted use' chemical product, giving advice to use a chemical at a rate higher than the maximum label rate, or giving advice to use a chemical if the product label states that the chemical must not be used in that way
- Lead to contamination of stock animals or agricultural produce (e.g. giving off-label advice that results in the agricultural produce having chemical residue levels above the allowable maximum residue limit)
- Injure the target crop (e.g. advice to use a certain herbicide on a crop which would also damage that crop).
More information is available in the document Giving advice on agricultural and veterinary chemical use (PDF 58kb)
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