Agricultural and Veterinary Chemicals Code Amendment Regulations 1999 (No. 1) 1999 No. 215
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 215
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Agricultural and Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemicals Code Amendment Regulations 1999 (No. 1)
Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides that the Governor-General may make regulations for the purpose of the Act.
The Agricultural and Veterinary Chemicals Code Bill was passed in March 1994 as part of the package of legislation to implement the National Registration Scheme for agricultural and veterinary chemicals. The Agricultural and Veterinary Chemicals Code Regulations ("the Regulations") provide necessary support to the Act.
The purpose of the proposed regulations is to make amendments to the existing regulations. The first amendment is no more than a minor name-change whereby '1995' is added at the end of the name of the existing Regulations; and the next three amendments are in connection with 'Restricted Chemical Products'. A 'Restricted Chemical Products' provided for under sections 93 and 94 of the Act) can only be supplied to an authorised person. Authorised persons are required to have appropriate skills and equipment, and to use due care in their activities.
The second and third proposed amendments extend the existing coverage of preconstruction termiticide products, and are regarded as being a means of promoting occupational health. A product based upon the active ingredient chlorpyrifos is already in the Regulations as a 'Restricted Chemical Product'.
The second amendment makes all pre-construction termiticide products containing the active ingredient bifenthrin 'Restricted Chemical Products'. The third proposed amendment extends the existing listing of one chlorpyrifos-based product to cover all pre-construction termiticide products containing chlorpyrifos. Clearly, the existing reference to a specific chlorpyrifos-based product is no longer necessary, as it is incorporated in the general description.
The fourth proposed amendment makes all agricultural and veterinary chemical products containing the active ingredient endosulfan 'Restricted Chemical Products'. This will allow greater control over the way in which products containing endosulfan are used, and is particularly targeted at controlling spraying practices in the cotton industry so as to minimise chemical residues in beef from nearby properties.
Details of the regulations are as set out below.
Regulation 1 names the present set of Regulations.
Regulation 2 specifies that the Regulations will commence on gazettal.
Regulation 3 specifies the amendments, namely
* renames the Agricultural and Veterinary Chemicals Code Regulations the Agricultural and Veterinary Chemicals Code Regulations 1995, and
* makes pre-construction termiticide products containing bifenthrin or chlorpyrifos 'Restricted Chemical Products', and
makes chemical products containing endosulfan 'Restricted Chemical Products'.
Overview
The Agricultural and Veterinary Chemicals Code Amendment Regulations 1999 (No. 1) were enacted in response to the need for modifications to the existing regulatory framework governing agricultural and veterinary chemicals in Australia. The Regulations amend the Agricultural and Veterinary Chemicals Code Regulations, originally established under the Agricultural and Veterinary Chemicals Code Act 1994. The primary objective of these amendments is to refine the regulatory measures concerning the supply and use of restricted chemical products, specifically addressing the control of certain termiticide and agricultural chemical products. By incorporating changes that categorise additional chemical products as 'Restricted Chemical Products', the Regulations aim to enhance occupational health and safety, as well as to regulate the application practices of chemicals such as endosulfan in the agricultural sector. These changes were made pursuant to the authority granted under Section 6 of the Act, with the Minister for Agriculture, Fisheries and Forestry issuing the Statutory Rules to implement the amendments.
Scope and Application
The Agricultural and Veterinary Chemicals Code Amendment Regulations 1999 (No. 1) amends the existing Agricultural and Veterinary Chemicals Code Regulations, primarily concerning the classification and handling of specific chemicals within the agricultural and veterinary sectors. These regulations apply to individuals and entities involved in the supply, handling, and use of agricultural and veterinary chemicals in Australia, including farmers, chemical suppliers, and relevant industry bodies. The geographic reach of these regulations is national, impacting all states and territories under the purview of the Commonwealth. The regulations establish certain chemicals, specifically those containing active ingredients such as bifenthrin, chlorpyrifos, and endosulfan, as 'Restricted Chemical Products', which are subject to stricter controls and require authorised persons to handle them due to their potential health and environmental risks. These amendments are aimed at enhancing occupational health and controlling chemical residues, particularly in the cotton industry. The regulations extend the application of existing controls to a broader range of chemical products, thereby tightening the regulatory framework around their use and supply.
Key Provisions
The main operative sections of the Agricultural and Veterinary Chemicals Code Amendment Regulations 1999 (No. 1) (the Regulations) are found in Regulation 3. This regulation renames the existing Agricultural and Veterinary Chemicals Code Regulations to the Agricultural and Veterinary Chemicals Code Regulations 1995 and amends the definition of 'Restricted Chemical Products' to include certain chemical products (section 3). Specifically, the Regulations classify pre-construction termiticide products containing the active ingredients bifenthrin or chlorpyrifos, and agricultural and veterinary chemical products containing the active ingredient endosulfan, as Restricted Chemical Products (section 3).
The Regulations impose obligations on parties and entities that handle or supply these Restricted Chemical Products. As per the Agricultural and Veterinary Chemicals Code Act 1994, suppliers of these products must be authorised persons who possess the appropriate skills and equipment, and must exercise due care in their activities. Authorised persons must comply with all relevant provisions to ensure safe handling, storage, and application of these chemicals. These obligations extend to ensuring that only authorised persons can supply these chemicals, thereby promoting safer and more controlled use of these potentially hazardous substances.
Failure to comply with the Regulations may result in both civil and criminal consequences. Civil penalties can be imposed for breaches of the Regulations, with the exact penalty depending on the nature and severity of the breach. Under the Agricultural and Veterinary Chemicals Code Act 1994, penalties for contravening the Act can be significant, with fines up to $50,000 for individuals and $250,000 for corporations. In more severe cases, criminal penalties may apply, including imprisonment for up to five years for serious offences. The specific penalties are detailed in the Act and depend on the nature and extent of the breach. Ensuring compliance with the Regulations is therefore critical to avoid these penalties.