Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 1) 2004 No. 55
Explanatory Statement
Statutory Rules 2004 No. 55
Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 1)
Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture Fisheries and Forestry
Subject Agricultural and Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemicals Code Regulations 1999
Agricultural and Veterinary Chemicals Code Order 1999
Section 7 of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides that the Minister may make orders for the purposes of the Act.
This Amendment Order implements amendments to the schedule classification advised by the National Drugs and Poison Scheduling Committee (NDPSC) of the Therapeutic Goods Administration within the Department of Health and Ageing.
Following a review of the available toxicology data on chlorination compounds, the NDPSC decided to alter some of the poisons schedule classification for certain chlorinating chemicals. The changes impact mainly on swimming pool and spa treatment products. As a consequence of the change to the scheduling of calcium, lithium and sodium hypochlorites, the standard form of label for these product must be amended and re-gazetted to provide that a label for pool and spa hypochlorites must be in the republished form.
Section 4 of the Order provides that a label for container for pool or spa hypochlorites must be in the form (if any) last published for those containers by the National Registration Authority (now known as the Australian Pesticides and Veterinary Medicines Authority (APVMA)) in the Gazette and in force on 31 October 1999. This Amendment Order omits the date 31 October 1999 and inserts 31 March 2004.
Overview
The Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 1) was enacted in 2004 to address the need for updated classifications of certain chlorinating chemicals, primarily used in swimming pool and spa treatment products, following recommendations from the National Drugs and Poison Scheduling Committee (NDPSC). This amendment was necessary to reflect changes in the scheduling of calcium, lithium, and sodium hypochlorites, which necessitated modifications to the standard label forms for these products. The objective of the Order is to ensure that labels for pool and spa hypochlorites comply with the most recent regulations by aligning with the form last published by the Australian Pesticides and Veterinary Medicines Authority (APVMA) on 31 March 2004. This legislative amendment was issued under the authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry and aims to maintain public safety by ensuring accurate and up-to-date information on chemical product labels.
Scope and Application
The Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 1) amends the existing regulatory framework established under the Agricultural and Veterinary Chemicals Code Act 1994 and the associated regulations. This Order applies to entities involved in the classification, packaging, and labelling of chlorinating chemicals, primarily those used for swimming pool and spa treatments. These chemicals include calcium, lithium, and sodium hypochlorites, which have been reclassified following a review of toxicology data by the National Drugs and Poison Scheduling Committee. The amendment requires that the standard form of label for these chemicals must be updated to comply with the new schedule classifications. Specifically, section 4 of the Order mandates that labels for containers of pool and spa hypochlorites must now conform to the form last published by the Australian Pesticides and Veterinary Medicines Authority in the Gazette as of 31 March 2004, replacing the previous date of 31 October 1999. The geographical scope of this Order is national, impacting all jurisdictions within Australia. It does not specify exclusions or exemptions but applies universally to all entities within the scope of the Agricultural and Veterinary Chemicals Code Act 1994.
Key Provisions
The Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 1) amends the Agricultural and Veterinary Chemicals Code Act 1994 to update the classification and labelling requirements for certain chlorination compounds. Specifically, section 4 of the Order mandates that the label for containers of pool and spa hypochlorites must align with the form last published by the Australian Pesticides and Veterinary Medicines Authority (APVMA) in the Gazette on 31 March 2004. This change is a direct response to the National Drugs and Poison Scheduling Committee's review of toxicology data, which led to the reclassification of calcium, lithium, and sodium hypochlorites. The updated labelling requirements ensure that these products comply with current standards and provide accurate information to consumers about the chemicals' use and potential hazards.
The obligations imposed by the Amendment Order primarily concern manufacturers and distributors of swimming pool and spa treatment products containing the specified hypochlorites. These parties must ensure that their product labels adhere to the new standards outlined in section 4, which now reference the APVMA's publication dated 31 March 2004. This involves updating the labelling process to incorporate the prescribed form and ensuring that all new and existing stock reflects these changes. Compliance with the new labelling requirements is crucial to avoid any discrepancies that could mislead consumers about the product's safety and usage.
Failure to comply with the labelling requirements specified in the Amendment Order can result in legal repercussions. While the specific offences and penalties are not detailed in the provided text, breaches of labelling requirements under the Agricultural and Veterinary Chemicals Code Act 1994 can generally lead to enforcement actions by the relevant authorities. These actions may include fines, product recalls, or other administrative measures intended to ensure compliance with the Act's provisions. The severity of the penalties will depend on the nature and extent of the non-compliance, with more significant breaches potentially attracting higher fines or more stringent enforcement actions.