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Rules and Regulations
Main Rules
Listed below are some of the main rules and regulations that apply in Victoria regarding use of agricultural and veterinary chemicals.
- There are some registered agricultural chemicals that are prohibited from use in certain circumstances.
- Off-label use is the use of a product is a manner that is not exactly specified on the label. Off label use is not illegal in Victoria within certain limits.
- Off-target damage and spray drift is the use of agricultural chemicals that causes damage to, or results in contamination of plants or stock outside the target area. Causing off-target damage is an offence.
- There are laws regarding giving advice on agricultural and veterinary chemical use.
- There are laws regarding withholding periods and the post harvest treatment of agricultural produce.
- There are laws relating to the supply and use of veterinary chemicals.
Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007
The Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007 came into force on 24 July 2007. The revised Regulations provide a framework for monitoring agricultural and veterinary chemical use in Victoria and support the administration of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992.
The new Regulations seek to minimise the risks and maximise the benefits associated with the use of agricultural and veterinary chemicals in Victoria and:
| (a) | prescribe the records that must be made and kept by users and sellers of certain chemical products;
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| (b) | prescribe the requirements for labels and advice notes accompanying certain veterinary chemical products sold by veterinary practitioners for the treatment of stock;
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| (c) | prescribe the information to be provided in relation to certain agricultural spraying to be carried out on land near schools, hospitals , aged care services or children services;
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| (d) | prescribe the equipment to be used when carrying out aerial spraying; and
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| (e) | prescribe other matters authorised by the Agricultural and Veterinary Chemicals (Control of Use) Act 1992. |
The most significant change affecting agricultural chemical users is the change to record keeping requirements. Records must now be made and kept for all agricultural chemical products used, excluding household or home garden products. Persons licensed under section 108C of the Health Act 1958 to use agricultural chemical products in grounds associated with a building not connected with primary production or agricultural commodities are also exempt.
New record keeping requirements also apply to users of veterinary chemical products classified as a Schedule 4 Poison, or which have a withholding period. These records must be made within 48 hours of using the chemical product.
Veterinary practitioners are also affected by new label and advice note requirements, and are required to make records for veterinary chemical products sold or used within 24 hours.
There are also new notification requirements for landholders and spray contractors who intend to conduct agricultural chemical spraying within 200 metres of schools, hospitals, aged care services or children’s services, including kindergartens and day care centres.
Copies of the Regulations can be downloaded from Victorian Legislation and Parliamentary Documents (external link).
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Fact Sheets
Below are fact sheets which explain the changes affecting users in more detail. To view the attached PDFs you will need Adobe Acrobat Reader. A free copy can be downloaded from Adobe Acrobat (external link).
| Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007 – Overview | 
(PDF 79kb) |
| Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007 – Agricultural chemical use | 
(PDF 58kb) |
| Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007 – Veterinary chemical use | 
(PDF 59kb) |
| Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007 – Veterinary practitioners | 
(PDF 57kb) |
Notification when spraying near schools, hospitals, aged care services or children’s services
Notification laws apply when applying agricultural chemicals by air or mister within 200 metres of a school, hospital, aged care service, or children’s service (e.g. kindergarten or child care centre).
At the time a person is employed or contracted to carry out agricultural spraying by aerial spraying or mister (excludes standard boom spray), the land manager must:
- advise the employee or spray contractor in writing whether there is a school, hospital, aged care service or children’s service within 200 metres of the land to be sprayed, and
- provide the employee or spray contractor with details relating to the location of the school, hospital, aged care service or children’s service.
The employee or spray contractor must not begin spraying without this information.
At least 24 hours before spraying is to occur within 200 metres of these facilities, the spray employee or contractor must:
- provide the land manager with the name of the agricultural chemical product to be used and the proposed time, date and duration of the spraying.
At least 12 hours before spraying is to occur within 200 metres of these facilities, the land manager must:
- make every reasonable effort to inform the school principal or site manager of the agricultural chemical product to be used, the location of the proposed spraying and the proposed time, date and duration of spraying.
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Aerial Spray Equipment
Under the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007, one or more of the following methods must be used immediately before and during aerial spraying;
- a smoke generating device used at ground level at or near the point of spraying
- the aircraft is fitted with a smoke generating device that is operating
- a windsock is operating and is clearly visible to the pilot at ground level at or near the point of spraying, or
- an automatic weather station is located at or near the point of spraying, and information about the wind speed and direction is available to the pilot.
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