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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 from 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 controls, 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 chemical product, giving advice to use a chemical 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).
You will need Adobe Acrobat Reader to view the document below. A free copy can be downloaded from Adobe Acrobat (external link).
 (PDF 260kb)
Spray Maps
It is an offence for a person to provide false or misleading information to their spray contractor regarding the target or surrounding area to be sprayed, where the information would lead the spray contractor to cause off-target spray damage. This legislation is in place so that maps and diagrams provided to agricultural spraying contractors or agricultural pilots contain accurate information on the location of all relevant aspects of the target area and its surrounds.
Maps and diagrams provided to contractors should contain the following information:
- The type of crops or vegetation in the target and surrounding area
- The type of agricultural enterprises surrounding the target property (eg beef, dairy, aquaculture)
- Any buildings surrounding the target area and their purposes (eg. houses or schools)
- Any waterways dams or channels near to the target area
You will need Adobe Acrobat Reader to view the document below. A free copy can be downloaded from Adobe Acrobat (external link).
 (PDF 333kb)
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