Chemical Use Legislation
Commonwealth and Victorian Governments regulate agricultural and veterinary chemicals in Victoria. The Commonwealth Government regulates their supply and sale, while the Victorian Government regulates their use.
Acts, Regulations and Orders
You can access the current Acts and legislation listed below by visiting www.legislation.vic.gov.au
- Agricultural and Veterinary Chemicals (Control of Use) Act 1992
- Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007
- Agricultural and Veterinary Chemicals (Control of Use) (Fertiliser) Regulations 2005
For Victorian farmers, the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 is the most important legislation. It imposes controls in relation to the use and application of agricultural chemical preparations, veterinary chemical preparations, fertilisers and stock foods. (taken from ‘Chemical Management)
The Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007 sets out the record-keeping requirements for agricultural and veterinary chemical users. It also imposes further control on veterinarians and mandates notification of spraying near sensitive areas.Orders regulating agricultural and veterinary chemical and stock food:
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19960729 S086 Notice |
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19960801 G030 Order |
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19980709 G027 Order |
Prohibiting or regulating the use of certain agricultural chemical products |
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20010823 G034 Order |
Prohibition of use of endosulfan Ultra Low Volume (ULV) insecticides |
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20011213 G050 Order |
Exemptions under section 5 (relating to scientific use, off-label use by vets and commercial use in a residential garden) |
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20011213 G050 Order |
Regulating the use of agricultural chemical products by authorised personnel (licences and permits) |
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20021017 G042 Order |
Regulating the use of certain agricultural chemical products containing pindone |
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20030313 G011 Order |
Regulating the off-label use of insecticides on harvested grain |
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20060223 G008 Notice |
Incorporating material - Extended Mallee ACCA (spray equipment) |
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20060223 G008 Order |
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20071220 G51 Order |
Regulating the use of perishable pest animal baits containing sodium fluoroacetate (1080) |
Prohibited Uses of Agricultural Chemical Products
Under Victorian legislation, some chemicals must only be used for specific purposes, and other chemicals must not be used for specific purposes, as detailed below:/ pA person must only use agricultural chemical products that contain the following chemicals for the purpose specified opposite the name of that chemical.
| Chemical | Permitted purpose |
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| Chlorfluazuron | Any purpose stated on the label that is approved by the National Registration Authority for Agricultural and Veterinary Chemicals. |
| Sodium Fluorocatate (1080) | As a vermin destroyer for the control of foxes, rabbits, wild dogs, feral pigs. |
| Tributyl tin, Tributyl tin naphthenate, Tributyl tin oxide, Tributyl tin copolymer resin | As an industrial timber treatment. In anti-fouling marine paint for vessels greater than 25 metres in length. |
A person must not use agricultural chemical products that contain the following chemicals for the purpose specified opposite the name of that chemical.
| Chemical | Prohibited purpose |
|---|---|
| Antibiotics, peroxide and perborate | As a dairy cleanser. |
| Metham Sodium | For use in trickle irrigation systems except for trickle irrigation systems designed to apply agricultural chemicals and under plastic sheeting. For use in fixed, portable or solid set irrigation systems. For use in travelling gun, boom or side roll irrigation systems. For use in flood irrigation. For use in any other irrigation system using impact sprinklers. For use in any irrigation system operating at high pressure. For use in irrigation systems causing spray drift. |
| Methiocarb | For use in grapevines. For home gardens use as a wettable powder in packs greater than 15 grams. |
| Mevinphos, parathion methyl, Paraquat and methamidophos | For any use if it is to be applied by means of back-mounted spraying equipment. |
| Mevinphos | For use as a vermin destroyer for the control of rabbits, foxes and birds and any other vertebrae animals. |
New rules for agricultural and veterinary chemicals and stock food
Download the PDF version of this document: New rules for agricultural and veterinary chemicals and stock food
Several changes have been made to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, which controls the use of agricultural and veterinary chemicals and the manufacture and sale of stock food in Victoria.
The changes have been developed with the support of industry, including the Victorian Farmers Federation, Stock Feed Manufacturers’ Council of Victoria, Vegetable Growers’ Association of Victoria and Aerial Agricultural Association of Australia.
In general the changes reduce regulation, clear up administrative inconsistencies and introduce new offences to allow for DPI action in the few instances where it is necessary to protect health, the environment, animals and trade. The amendments took effect on 1 July 2009.
DPI now recognises APVMA Maximum Residue Limits
The Maximum Residue Limit (MRL) is the maximum level of an agricultural or veterinary chemical residue permissible in food and animal feed.
Two federal agencies set MRLs for agricultural and veterinary chemicals in Australia:
- The Australian Pesticides and Veterinary Medicines Authority (APVMA) establishes MRLs based on good agricultural practice, before the chemical is registered, to ensure that the levels do not pose an undue hazard to human health and the environment.
- Foods Standards Australia New Zealand (FSANZ) reviews the APVMA data and if satisfied, adopts MRLs under the Food Standards Code, based on food safety considerations. This means there can be some time lag between an MRL being set by APVMA and its adoption by FSANZ.
Previously, the Act only referred to FSANZ MRLs. If a residue was detected in the period between the chemical being registered and the establishment of a FSANZ MRL, it was regarded as unacceptable and a ‘technical breach’ despite the chemical being registered, approved and used appropriately. The Act now references APVMA MRLs which are set first so this issue shouldn’t arise, thus providing greater certainty to industry using new chemical products.
If no APVMA or FSANZ MRL is set for an agricultural or veterinary chemical in an agricultural commodity, any detection of a residue will still be considered a breach.
The amendment means a significant change for the stock food industry. FSANZ MRLs are established under food legislation and thus do not apply to stock food. By referencing the APVMA MRLs instead, the Act now applies to stock food, which includes any substance used or intended to be used for consumption by food producing animals.
These amendments mean DPI can regulate animal food, with benefits for producers and industry. All inputs to stock food, including manufactured food, fodder, forage, additives, organic by-products and mineral premix products must now comply with the APVMA MRLs, and DPI will be able to prevent the sale/distribution of ‘contaminated’ animal feed that exceeds those MRLs.
No mandatory insurance policy for agricultural aircraft operators
For many years, the Act mandated that agricultural aircraft operators hold an approved insurance policy. The need for mandatory insurance was questioned by a national competition policy review and recognition that liability claims arising from agricultural chemical spray drift are a civil matter. While it is considered good practice to hold appropriate insurance, this was believed to be a business decision for the aerial operator.
As a result, the mandatory requirement that aircraft operators who carry out aerial spraying hold an approved insurance policy has been repealed.
Farmers still have protection under the Act. It remains an offence to damage or contaminate agricultural commodities, plants or stock by spray drift.
New offence - selling contaminated produce
Contaminated produce can put whole markets at risk, through the actions of a single supplier. This new offence – selling contaminated produce – aims to keep such produce out of the market, thereby protecting public health, trade and Victoria’s reputation for clean, green and safe food.
The Act defines ‘contaminated’, but it is essentially an agricultural commodity with chemical residues above the MRL.
Until now, the Act provided limited responses to contaminated produce. The new offence (Section 52AA) only applies to the producer, rather than a wholesaler or other middle operator. The Act already makes it an offence for people who transport or handle agricultural produce that they do not own to apply chemicals to the produce without the owner’s permission.
New offence – breaches of chemical licence/permit conditions
DPI administers around 19,000 chemical licenses and permits, of which around 18,000 are Agricultural Chemical User Permits (ACUPs). Most are held by farmers and other rural landholders, and allow the use of certain higher risk agricultural chemicals.
Others include the Commercial Operator Licence, Pilot (Chemical Rating) Licence, Agricultural Aircraft Operator Licence, Agricultural Chemical Control Area permit and Off-label permit under Section 25A of the Act.
Until now, if a person breached a condition of their licence or permit, the Act allowed only for suspension or cancellation of the licence or permit. The new offence (Section 67A) provides a reduced and more flexible response, to allow for circumstances like minor breaches or effect on employment.
More information
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Chemical Standards Branch telephone 03 9217 4177.
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The new version of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 is available online at: http://www.legislation.vic.gov.au/
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APVMA website http://www.apvma.gov.au/
