A Guide to Victorian Fertilisers
June 2007
Foreword
Victoria’s agricultural land resources are dominated by relatively shallow and highly weathered soils, which are low in natural fertility, poor in water-holding capacity and easily degraded. Only small areas have deep, well drained and fertile soils, and consequently our agricultural production is, in part, dependent on the application of fertilisers to replace the nutrients which have been removed from soils.
Fertilisers are one of the major physical inputs to Australian agricultural production, and account for more than 12% of the value of material and services used. It is estimated that Australian farmers use approximately 5.25 million tonnes of fertiliser products annually.
The Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2005 replace the Agricultural and Veterinary Chemicals (Fertilisers) Regulations 1995 and prescribe the requirements for fertiliser labels and advice notes, as well as standards for maximum levels of contamination in fertilisers sold in Victoria.
Throughout the development of the Regulations, extensive consultation was undertaken with key stakeholders, including industry.
Further information on Victorian labelling and content standards for fertilisers can be obtained by contacting the DPI Customer Service Centre on 136 186, or from the DPI website, www.dpi.vic.gov.au/chemicalstandards.
Russell McMurray
Director - Chemical Standards
Contents
Foreword
1. Introduction
1.1 Relevant Publications
2. Legislation
2.1 Purpose Of The Legislation
2.2 Products Covered By Victorian Fertilisers Legislation
2.3 Responsibility Of The Manufacturer Or Seller
2.4 Special Prescriptions / Blends
3. Labels For Packaged Fertilisers
4. Advice Notes For Bulk Fertilisers
5. Fertilisers Containing Cadmium, Mercury & Lead
5.1 Heavy Metals
5.2 Biuret & Warning Statements
6. Standards
7. Miscellaneous
7.1 Products Containing Agricultural Or Veterinary Chemicals
7.2 False And Misleading Information
7.3. Endorsements Are Not Allowed
7.4 Imported Products
1. Introduction
This publication is not a substitute for the Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2005 (the Regulations). It provides guidelines for the labelling of fertilisers and standards for fertiliser impurities under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 (the Act), and the Regulations. This guide is not meant to stand alone, and should be read together with the above-mentioned legislation and any subsequent amendments. The objective of this guide is to translate the Regulations into plain English, and to provide a direct reference to the relevant regulation to enable the reader to easily cross-reference this document with the Regulations.
1.1 Relevant Publications
Department of Primary Industries (DPI) prescribes standards for the contaminant content and labelling of fertilisers under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, and the Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2005.
Copies of the above legislation and subsequent amendments are available from:
Information Victoria
505 Little Collins Street
MELBOURNE VIC 3000
Toll free phone: 1300 366 356
Fax: (03) 9603 9920
Proclamations and Orders under the Act are published in the Government Gazette.
Legislative documents can also be viewed via the Victorian Government Home Page, www.legislation.vic.gov.au, under Victorian Law Today.
2. Legislation
2.1 Purpose Of The Legislation
The Regulations were developed to ensure that purchasers and users of fertilisers in Victoria receive products of a quality and composition as specified on the label.
The objectives of these Regulations are to prescribe:
- the requirements for labels and advice notes for fertilisers sold in Victoria; and
- the standards for maximum levels of contaminants in fertilisers sold in Victoria.
The purposes of the Act are:
- to impose controls in relation to the use, application, manufacture and sale of fertilisers for the purposes of:
-
- protecting the health of the general public and the users of those products;
- protecting the environment;
- protecting the health and welfare of animals;
- protecting domestic and export trade in agricultural produce and livestock;
- ensuring that a product is effective for the purposes described on its label; and
- promoting uniformity of regulation throughout Australia; and
- to impose controls in relation to the production of agricultural produce to avoid the contamination of food for human consumption.
2.2 Products Covered By Victorian Fertilisers Legislation
The definition of a fertiliser for the purposes of these Regulations is defined in the Act as:
a substance that is manufactured, represented, sold or used as a means of directly or indirectly fertilising the soil, or supplying nutrients to plants, or conditioning the soil by altering the chemical, physical or biological composition of the soil.
Therefore, the name of a product alone does not necessarily indicate whether it is a fertiliser or not (i.e. this legislation does not only cover products labelled as fertilisers). Products labelled as soil conditioners, soil enhancers, manure, biosolids etc. may also come under this definition of a fertiliser.
The legislation applies to all fertiliser products either imported from overseas directly into Victoria or manufactured and then sold within Victoria.
2.3 Responsibility Of The Manufacturer Or Seller
A person must not sell a fertiliser without an accompanying label or advice note that complies with the Regulations.
A person must not manufacture or sell any fertiliser that does not comply with the Regulations. Fertiliser manufacturers and sellers are required to ensure that products comply with all standards and are responsible for keeping up-to-date with any legislative changes by reading the proclamations and Statutory Rules published in the Government Gazette.
Where these Regulations do not set a standard, product quality must comply with the analysis stated on the label or advice note.
Persons or organisations who make false or misleading statements about a fertiliser, or its use, that may cause someone else who relies on the statement to breach the Act or the Regulations may be held liable for such actions.
[Agricultural and Veterinary Chemicals (Control of Use) Act 1992, Sections 18(1), 24(1) and 59(2)]
2.4 Special Prescriptions / Blends
Q. As a bulk seller of fertiliser, I sometimes blend fertilisers as directed by a Company or farmer. Who is responsible for providing the analysis (ie. label or advice note) in these cases and who is classified as the manufacturer?
A. In the situation where a fertiliser is blended as directed by Company X, Company X is the manufacturer and therefore must provide the analysis as part of a compliant label or advice note. In the situation where the seller blends a fertiliser for a farmer, the seller is the manufacturer and is responsible for providing the analysis as part of a compliant label or advice note.
3. Labels For Packaged Fertilisers
A label or advice note must be provided with any fertiliser product sold in Victoria. The printing on any advice note or label of a product must be legible (in English and may also be given in a language other than English) and permanent, in letters and figures not less than 2 millimetres high. Each label and advice note must:
- state the name of the fertiliser. This means a name identifying the fertiliser from another fertiliser that may have a similar name. The company name or distinguishing brand may be used for this purpose. For example, ‘Blood and Bone’ is not acceptable - amend to ‘Joe Brown's Blood and Bone’. Terms such as, plant or soil nutrient, plant or soil food, are acceptable in lieu of fertiliser.
- state the quantity (by weight or volume) of the fertiliser covered by or contained in the package. If the product is a concentrate that will be mixed with water, the total made-up quantity can also be stated. For example ’Quantity 500 millilitres will make up to 100 litres’.
- state the name and full business address (NOT postal address) of the Australian wholesale dealer or the seller of the fertiliser. This can be achieved in many ways, including detailed receipt/invoice, detailed computerised register customer printout or name and address on pre-printed price tags, etc. This can be the first point of contact for the consumer.
- contain the relevant warning statements prescribed under Regulation 8 of the Regulations. (see 5.2)
Wholesale Dealer is defined by the Act as ‘a person who manufactures or places on the market for sale by wholesale a fertiliser’.
Ingredient is defined by the Regulations as ‘including an element or substance that is used to formulate a fertiliser but does not include any impurity’.
Constituent is defined by the Act as ‘including additive and contaminant’.
4. Advice Notes For Bulk Fertilisers
When a fertiliser is sold in an unpackaged form, the seller must provide the buyer with an advice note as follows:
- if the fertiliser is collected by the purchaser or purchaser's agent, the advice note must be handed to the purchaser or purchaser's agent at the time the fertiliser is collected;
- if the fertiliser is delivered to the purchaser or purchaser's agent, the advice note accompanying the fertiliser must be handed to the purchaser or purchaser's agent at the time of delivery; or
- if the fertiliser is delivered to premises where the purchaser or purchaser's agent is not present, the seller must take reasonable steps to ensure that the advice note is provided to the purchaser within two days of the delivery date.
An advice note provided under sub-regulation (1)(c) of the Regulations must identify the fertiliser to which it relates and the date and location of delivery of that fertiliser. The advice note must also state:
- the name of the fertiliser;
- the quantity (by weight or volume) of the fertiliser sold; and
- the name and full business address of the seller of the fertiliser, and contain the warning statements prescribed by Regulation 8. (see 5.2)
The information on the advice note must be in English and may also be given in a language other than English. The letters and figures must not be less than 2 millimetres high.
5. Fertilisers Containing Cadmium, Mercury & Lead
5.1 Heavy Metals
The concentration of cadmium (Cd), mercury (Hg), or lead (Pb) present in a fertiliser must be stated on the label or advice note if:
- the concentration of cadmium (Cd) or its derivatives is greater than 1.0 milligram of cadmium (Cd) per kilogram;
- the concentration of mercury (Hg) or its derivatives is greater than 0.2 milligrams of mercury (Hg) per kilogram; or
- the concentration of lead (Pb) or its derivatives is greater than 20.0 milligrams of lead (Pb) per kilogram.
[Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2005, Regulation 7]
DPI believes that it is important for consumers to be aware of levels of heavy metals in the products that they are applying to their soils, even if the levels are considered to be low. DPI is concerned about long-term accumulation of heavy metals in soils and believes that accurate product information assists consumers to maintain sustainable agricultural practices. This will help to support a sustainable system of agriculture and potentially reduce accumulation of heavy metals in soils, plants and animals.
Q. My product has been analysed for heavy metals and there are no traces present. Am I still required to state a heavy metal level on the package?
A. If the product does not contain any heavy metal traces, there is no need to state a level for heavy metals on the label or advice note for that product.
5.2 Biuret & Warning Statements
Regulation 8 states the warning statements listed below. These should be included on labels or advice notes for products as appropriate. Please note that the Warning Statements for molybdenum (B) and selenium (C) below also incorporate amendments from the Fertilisers Amendment Regulations 1998.
- Products containing more than 10.0 grams but not more than 20.0 grams Biuret per kilogram of total nitrogen (N):
"WARNING: repeated foliar applications of this fertiliser to citrus trees may cause damage."
Products containing more than 20.0 grams but not more than 30.0 grams Biuret per kilogram of total nitrogen (N):
"WARNING: repeated foliar application of this product to horticultural crops is not recommended."
Products containing more than 30.0 grams Biuret per kilogram of total nitrogen (N):
"WARNING: this product is not recommended for foliar application."
- Fertilisers containing in excess of 10.0 milligrams per kilogram of Molybdenum (Mo), other than fertilisers containing molybdenum which also contain copper in an equivalent or greater amount than molybdenum, for pasture application:
"WARNING: excessive application of molybdenum to pasture can be harmful to stock animals. Plant levels of molybdenum can be high for up to four weeks after application. It is advisable to keep stock animals off areas to which this product has been applied for four weeks."
- Fertilisers containing Selenium (Se) in excess 10.0 milligrams per kilogram:
"WARNING: this product must not be applied at a rate greater than that stated on the label or advice note. Excessive use of this product can be toxic to livestock. It is not advisable to use this product unless a selenium deficiency is known to exist in the stock animals that are to graze the area treated with this product.”
- Fertilisers containing Cadmium (Cd) in excess of 1.0 milligrams per kilogram of product:
"WARNING: this product contains cadmium. Continued use of this product in agricultural situations may lead to residue levels in plant and animal products in excess of the maximum level specified by the Australia New Zealand Food Standards Code and the accumulation of cadmium in soils.”
- Fertilisers containing Mercury (Hg) in excess of 0.2 milligrams per kilogram of product:
"WARNING: this product contains mercury. Continued use of this product in agricultural situations may lead to residue levels in plant and animal products in excess of the maximum level specified by the Australia New Zealand Food Standards Code and the accumulation of mercury in soils."
- Fertilisers containing Lead (Pb) in excess of 20.0 milligrams per kilogram of product:
"WARNING: this product contains lead. Continued use of this product in agricultural situations may lead to residue levels in plant and animal products in excess of the maximum level specified by the Australia New Zealand Food Standards Code and the accumulation of lead in soils."
If a product requires more than one of the warning statements shown in (D), (E) and (F) above, a single combined warning may be placed on a label or advice note.
- Fertilisers sold in Bulk or in packages containing more than 5.0 kg of product:
"WARNING: the dust from this product may irritate the eyes and skin -avoid contact and inhalation of dust."
6. Standards
Cadmium
- The concentration of cadmium (Cd) in a fertiliser that contains 20.0 grams or more of phosphorus in a kilogram must not exceed 300.0 milligrams for each kilogram of phosphorus (P) in the fertiliser.
- The concentration of cadmium (Cd) in a fertiliser that only contains trace elements or their derivatives must not exceed 50.0 milligrams for each kilogram of the fertiliser.
- The concentration of cadmium (Cd) in any other fertiliser must not exceed 10.0 milligrams for each kilogram of the fertiliser.
Mercury
• The concentration of mercury (Hg) in a fertiliser must not exceed 5.0 milligrams for each kilogram of the fertiliser.
Lead
- The concentration of lead (Pb) in a fertiliser partially constituted by trace elements must not exceed 500.0 milligrams for each kilogram of the fertiliser.
- The concentration of lead (Pb) in a fertiliser that only contains trace elements or their derivatives must not exceed 2.0 grams for each kilogram of the fertiliser.
- The concentration of lead (Pb) in a fertiliser that does not contain trace elements must not exceed 100.0 milligrams for each kilogram of the fertiliser.
7. Miscellaneous
7.1 Products Containing Agricultural Or Veterinary Chemicals
Fertiliser products that contain agricultural or veterinary chemicals, or claim to be agricultural or veterinary chemicals, must be registered by the Australian Pesticide and Veterinary Medicines Authority (APVMA). An application to register these products under the Agricultural and Veterinary Chemicals Code Act 1994 must be forwarded with the appropriate fee and draft labels to:
The Screening Officer
Australian Pesticide and Veterinary Medicines Authority
PO Box 6182 KINGSTON ACT 2604
The APVMA determines what is or is not an agricultural chemical product. Broadly speaking, an agricultural chemical is a substance that is represented, imported, manufactured, supplied or used which directly or indirectly controls or modifies a pest, disease or chemical.
[paraphrased from Agricultural and Veterinary Chemicals Code Act 1994 [Commonwealth]]
In addition, a pest can be described as anything which injuriously affects the animal, plant, or thing and includes insects, weeds, fungal diseases, bacteria, etc.
[Agricultural and Veterinary Chemicals (Control of Use) Act 1992, Section 23]
A veterinary chemical can be described as a substance that is represented, manufactured, supplied or used, directly or indirectly to prevent, diagnose, cure or alleviate a disease, condition, infestation or injury; or modify a chemical or modify the physiology of an animal.
[Agricultural and Veterinary Chemicals Code Act 1994 [Commonwealth]
Q. I wish to promote a fertiliser product in Victoria that I manufacture in South Australia. This product also controls moss and algae. Can I sell it here?
A. There are two parts to this answer. (1) If your product makes claims which indicate that it would be considered an agricultural chemical, (e.g. it controls moss and algae) it must be registered by the APVMA. There is a penalty for the supply of an unregistered product and anyone who uses it could also be liable for prosecution. (2) Under the Commonwealth Mutual Recognition Act, a fertiliser is only required to comply with the Regulations for its state of origin. (For example, if your product is considered to be a fertiliser and is manufactured in South Australia, it is only required to comply with South Australia’s fertiliser legislation.). An agricultural or veterinary chemical must be registered for use in an Australian State or Territory.
Q. I want to sell a fertiliser product in Victoria that contains a slow release pyrethrum. I have been told that it does not require registration, as it does not have a claim for use?
A. Having no claim for use does not necessarily exclude the product from registration. Pyrethrum is used to control insect pests and not fertilise soils, therefore this could be considered an agricultural chemical which requires registration.
Q. I have seen some zinc sulphate in a shop and the label did not state this product’s uses. When I asked what it was used for, I was told that I could use it to either treat my sheep for footrot or spray my vines. How can it do both things?
A. Zinc sulphate (ZnSO4) can treat both footrot in sheep and zinc deficiency in plants/soil. However, the product quality may vary depending on whether it was manufactured to be used as a veterinary chemical or fertiliser. If the product is represented as a footrot treatment, it must be registered as a veterinary chemical.
Q. Who do we have to go through to register a phosphorous acid product?
A. Fertilisers no longer require registration in Victoria, however agricultural and veterinary chemicals do require registration. To use an unregistered agricultural or veterinary chemical without a permit from the APVMA is an offence. Products with phosphorous acid could be classified as an agricultural chemical and may require registration. For information on whether your product would be classified as an agricultural or veterinary chemical or a fertiliser, contact the APVMA, phone 02 6210 4710. This situation also applies to zinc sulphate products.
7.2 False And Misleading Information
A person or organisation who makes a false or misleading claim that is likely to cause someone else who acts upon such information to breach the Regulations is an offence under the Act.
7.3. Endorsements Are Not Allowed
Labels or advice notes, brochures or advertising material shall not include any statement suggesting or implying that a product has been recommended by the Government, DPI or any government authority, unless authorised to do so.
7.4 Imported Products
Labels or advice notes on imported products which have been designed in the country of origin, as a general rule, are not likely to conform to the standards under Victorian legislation. The importer/seller of the fertiliser is responsible for labelling of the fertiliser. The label or advice note must include the supplier's name and business (street) address.
Q. Thinking of importing a fertiliser from Country Z, will it be up to standard?
A. Contact the Australian Quarantine and Inspection Services for information about importation requirements.
ISBN 978-1-74199-268-7
