Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2025 (Vic)
Version No. 001
Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2025
S.R. No. 88/2025
Version as at
26 September 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
6Concentrations and weight by reference to dry mass
Part 2—Labels and advice notes
7Labels for packaged fertilisers
8Advice notes for unpackaged fertilisers
9Additional requirements for labels and advice notes for fertilisers containing cadmium, mercury or lead
10Warning statements on labels or advice notes for fertilisers
Part 3—Standards for maximum levels of contaminants in fertilisers
11Cadmium
12Mercury
13Lead
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2025
S.R. No. 88/2025
Version as at
26 September 2025
PART 1—PRELIMINARY
1Objective
The objective of these Regulations is to prescribe—
(a)the requirements for labels and advice notes for fertilisers sold in Victoria; and
(b)standards for maximum levels of contaminants in fertilisers sold in Victoria.
2Authorising provision
These Regulations are made under section 76 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992.
3Commencement
These Regulations come into operation on 26 September 2025.
4Revocation
The Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015[1] are revoked.
5Definitions
In these Regulations––
biuret means a substance with the chemical name Imidodicarbonic diamide and having the chemical formula C2H5N3O2;
the Act means the Agricultural and Veterinary Chemicals (Control of Use) Act 1992;
trace element means boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo) or zinc (Zn);
trace element fertiliser means a fertiliser with all nutrients wholly constituted by one or more trace elements.
6Concentrations and weight by reference to dry mass
In these Regulations, a reference to the concentration or weight of a substance per kilogram of a fertiliser or other substance must be calculated and stated by reference to the mass of the substance in a kilogram of the dry fertiliser or other substance.
PART 2—LABELS AND ADVICE NOTES
7Labels for packaged fertilisers
(1)A fertiliser that is sold in a packaged form must have a label affixed to, or marked on, each package covering or containing the fertiliser in a secure and durable manner.
(2)A label referred to in subregulation (1) must—
(a)state the name of the fertiliser; and
(b)state the quantity (by weight or volume) of the fertiliser covered by or contained in the package; and
(c)state the name and full business address of the Australian wholesale dealer or the seller of the fertiliser; and
(d)contain the warning statements required by regulation 10 for that fertiliser.
(3)The information on the label must—
(a)be in English; and
(b)be in letters and figures not less than 2 millimetres high.
(4)The information on the label may also be given in a language other than English.
Note
Section 18(1)(a) of the Act prohibits the sale of a fertiliser unless it is accompanied by a label or advice note which complies with these Regulations. In the case of a corporation, a penalty of 400 penalty units applies and in any other case, a penalty of 200 penalty units applies.
8Advice notes for unpackaged fertilisers
(1)If a fertiliser is sold in an unpackaged form, the seller must supply an advice note in the following manner—
(a)if the fertiliser is collected from the seller by the buyer or buyer's agent, the advice note must be given to the buyer or buyer's agent at the time the fertiliser is collected; or
(b)if the fertiliser is delivered to the buyer or buyer's agent, the advice note must be given to the buyer or buyer's agent at the time the fertiliser is delivered; or
(c)if the fertiliser is delivered to premises where neither the buyer nor buyer's agent is present, the seller must take reasonable steps to ensure that the advice note is given to the buyer within 24 hours of the delivery date.
(2)An advice note referred to in subregulation (1) must––
(a)state the name of the fertiliser; and
(b)state the quantity (by weight or volume) of the fertiliser sold; and
(c)state the name and full business address of the seller of the fertiliser; and
(d)contain the warning statements required by regulation 10 for that fertiliser; and
(e)in the case of an advice note provided under subregulation (1)(c), identify the date and location of delivery of the fertiliser.
(3)The information on the advice note must—
(a)be in English; and
(b)be in letters and figures not less than 2 millimetres high.
(4)The information on the advice note may also be given in a language other than English.
Note
Section 18(1)(a) of the Act prohibits the sale of a fertiliser unless it is accompanied by a label or advice note which complies with these Regulations. In the case of a corporation, a penalty of 400 penalty units applies and in any other case, a penalty of 200 penalty units applies.
9Additional requirements for labels and advice notes for fertilisers containing cadmium, mercury or lead
The concentration of cadmium (Cd), mercury (Hg) or lead (Pb) present in a fertiliser must be stated on the label affixed to, or marked on, a package under regulation 7 or advice note supplied under regulation 8 in the following circumstances—
(a)if the concentration of cadmium (Cd) is greater than 1 milligram of cadmium (Cd) per kilogram;
(b)if the concentration of mercury (Hg) is greater than 0×2 milligrams of mercury (Hg) per kilogram;
(c)if the concentration of lead (Pb) is greater than 20 milligrams of lead (Pb) per kilogram.
10Warning statements on labels or advice notes for fertilisers
(1)This regulation specifies the warning statements that must be shown on—
(a)a label affixed to, or marked on, packaged fertiliser under regulation 7; and
(b)an advice note supplied with unpackaged fertiliser under regulation 8.
(2)The warning statement required for fertiliser containing biuret is as follows—
(a)if the fertiliser contains more than 10 grams but not more than 20 grams of biuret per kilogram of total nitrogen (N)—
"WARNING––this fertiliser contains biuret. Repeated foliar sprays may cause damage to citrus.";
(b)if the fertiliser contains more than 20 grams but not more than 30 grams of biuret per kilogram of total nitrogen (N)—
"WARNING––this fertiliser contains biuret. It is not recommended for repeated foliar application on horticultural crops.";
(c)if the fertiliser contains more than 30 grams of biuret per kilogram of total nitrogen (N)—
"WARNING––this fertiliser contains biuret. It is not recommended for foliar application except on turf.".
(3)The warning statement required for fertiliser containing molybdenum (Mo) in excess of 10 milligrams per kilogram of the fertiliser, other than fertiliser also containing copper (Cu) in an equivalent or greater amount than molybdenum, is––
"WARNING––excessive application of molybdenum to pasture can be harmful to stock animals. Plant levels of molybdenum can be high for up to 4 weeks after application. It is advisable to keep stock animals off areas to which this product has been applied for 4 weeks.".
(4)The warning statement required for fertiliser containing selenium (Se) in excess of 10 milligrams per kilogram of the fertiliser is—
"WARNING––excessive use of this product can be toxic to livestock. This product should not be used if a selenium deficiency does not exist in stock animals grazing on the area where it is to be applied. This product must not be applied at a rate greater than that stated on the label or advice note.".
(5)The warning statement required for fertiliser containing cadmium (Cd) in excess of 1 milligram per kilogram of the fertiliser is––
"WARNING––this product contains cadmium. Its use may result in accumulation of cadmium in the soil and 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.".
(6)The warning statement required for fertiliser containing mercury (Hg) in excess of 0×2 milligrams per kilogram of the fertiliser is––
"WARNING––this product contains mercury. Its use may result in accumulation of mercury in the soil and 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.".
(7)The warning statement required for fertiliser containing lead (Pb) in excess of 20 milligrams per kilogram of the fertiliser is––
"WARNING––this product contains lead. Its use may result in accumulation of lead in the soil and 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.".
(8)The warning statement required for fertiliser sold in a solid form—
(a)in any quantity without packaging; or
(b)in a package weighing more than 5 kilograms—
is––
"WARNING—the dust from this product may act as an irritant. Avoid inhalation and contact with the eyes and skin.".
PART 3—STANDARDS FOR MAXIMUM LEVELS OF CONTAMINANTS IN FERTILISERS
11Cadmium
(1)The concentration of cadmium (Cd) in a fertiliser that contains 20 grams or more of phosphorus (P) in a kilogram of the fertiliser must not exceed 300 milligrams for each kilogram of phosphorus (P) in the fertiliser.
(2)The concentration of cadmium (Cd) in a trace element fertiliser must not exceed 50 milligrams for each kilogram of the fertiliser.
(3)The concentration of cadmium (Cd) in any other fertiliser must not exceed 10 milligrams for each kilogram of the fertiliser.
12Mercury
The concentration of mercury (Hg) in a fertiliser must not exceed 5 milligrams for each kilogram of the fertiliser.
13Lead
(1)The concentration of lead (Pb) in a trace element fertiliser or a fertiliser that is partially constituted by trace elements must not exceed 500 milligrams for each kilogram of the fertiliser.
(2)The concentration of lead (Pb) in any other fertiliser must not exceed 100 milligrams for each kilogram of the fertiliser.
Note
Section 24(1) of the Act prohibits the manufacture or sale of a fertiliser that does not comply with a relevant standard in these Regulations, or that contains a constituent that does not comply with a relevant standard in these Regulations. In the case of a corporation, a penalty of 400 penalty units applies and in any other case, a penalty of 200 penalty units applies.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2025, S.R. No. 88/2025 were made on 16 September 2025 by the Governor in Council under section 76 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, No. 46/1992 and came into operation on 26 September 2025: regulation 3.
The Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2025 will sunset 10 years after the day of making on 16 September 2035 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2025 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
[1] Reg. 4: S.R. No. 108/2015.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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