Agricultural and Veterinary Chemical Code Amendment Regulations 2002 (No. 1) 2002 No. 207
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 207
Minute No. of 2002 - Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry
Subject - Agricultural and Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemical Code Amendment Regulations 2002 (No. 1)
Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Code to be prescribed by regulations within the meaning of the Code.
Section 3 of the Act defines "the Code" as the Agvet Code of the participating territories and Section 5(1) of the Act provides that the Agricultural and Veterinary Chemicals Code set out in the Schedule may be referred to as the Agvet Code of the participating Territories.
Section 93 of the Code provides that the regulations may declare a chemical to be a restricted chemical product, provided that the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) has certified in writing that this is in the public interest.
On 27 May 2002, the delegate of the NRA certified, pursuant the Code, that it is in the public interest for all concentrate products containing the chemical pindone to be declared by the Agricultural and Veterinary Chemicals Code Regulations 1995 (the principal regulations) restricted chemical products.
Regulation 45 of the principal regulations states that a chemical product specified in Schedule 4 of the principal regulations is declared to be a restricted chemical product.
The Regulations add concentrated pindone products to the list of restricted chemical products, as set out in Schedule 4 of the principal regulations. Ready-to-use pindone products are not included in this amendment, which only applies to concentrated pindone products which require mixing with carriers such as grain or carrot prior to use as a bait.
The proposed changes reflect the results of a recent review of the registration, use and potential risks of ready-to-use and concentrated products containing pindone acid and pindone sodium.
Pindone is a chemical that is used to control rabbits in semi-rural and urban areas. The NRA conducted the review in response to concerns that the unrestricted supply and use of pindone might pose a threat to non-target vertebrate animals.
While the review found no evidence of increased risks of poisoning to non-target fauna if readyto-use pindone baits are made available on the open market, the NRA concluded that special training, skills and/or qualifications were required to prepare baits correctly using pindone concentrate products. Accordingly, the report recommended that pindone concentrate products should be declared as restricted chemical products, in order to restrict their supply to persons who have specialised knowledge in the preparation of baits using these products.
Under section 94 of the Code, restricted chemical products can only be supplied to authorised persons. In the case of pindone concentrated products, the authorised person is defined on a State-by-State basis and will usually be either an employee of a relevant state government agency or a person who has undergone training specified by the relevant state government agency.
The Regulations add the following to Schedule 4 of the Agricultural and Veterinary Chemicals Code Regulations:
• A chemical product containing pindone that is a concentrate and for which the relevant label instructions require further mixing with carriers before it is ready to use as a bait.
The Regulations commence on gazettal.
Authority: Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994
Overview
The Agricultural and Veterinary Chemical Code Amendment Regulations 2002 (No. 1) were enacted to address specific concerns regarding the use of pindone, a chemical used for controlling rabbits in semi-rural and urban areas. This piece of legislation amends the Agricultural and Veterinary Chemicals Code Regulations 1995 by declaring concentrated products containing pindone as restricted chemical products. The purpose of this amendment is to restrict the supply of these products to authorised persons who possess the necessary specialised knowledge and qualifications to prepare baits correctly, thereby mitigating potential risks to non-target vertebrate animals. The regulations were introduced by the Governor-General under the authority provided by section 6 of the Agricultural and Veterinary Chemicals Code Act 1994, and the policy objective is to ensure the safe and responsible use of these chemicals by limiting their distribution to appropriately trained individuals.
Scope and Application
The Agricultural and Veterinary Chemical Code Amendment Regulations 2002 (No. 1) pertains to the regulation of agricultural and veterinary chemicals, specifically targeting the controlled use and supply of pindone, a chemical used for rabbit control. This legislation applies to the concentrated forms of pindone products, mandating that these be classified as restricted chemical products. This classification ensures that only authorised individuals, typically those with specific training or employed by a relevant state government agency, can supply these products. The Act operates within the Commonwealth of Australia and aligns with the Agricultural and Veterinary Chemicals Code Act 1994, which mandates that the Governor-General may make regulations under the Act to address matters specified within the Agricultural and Veterinary Chemicals Code, referred to as the Agvet Code. These regulations extend the application of the Act through the incorporation of amendments to the Agricultural and Veterinary Chemicals Code Regulations 1995. The primary purpose of these regulations is to mitigate potential risks associated with the use of pindone concentrate products by ensuring that only qualified individuals handle them, thereby protecting non-target vertebrates from accidental poisoning.
Key Provisions
The primary operative sections of the Agricultural and Veterinary Chemical Code Amendment Regulations 2002 (No. 1) are those that amend the Agricultural and Veterinary Chemicals Code Regulations 1995 by adding concentrated pindone products to the list of restricted chemical products. This is achieved through the addition of a new entry in Schedule 4 of the principal regulations, as specified in Regulation 45. This amendment is pursuant to the declaration made by the delegate of the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) on 27 May 2002, which certified that it is in the public interest to restrict these products due to the potential risks they pose to non-target vertebrate animals if not handled properly.
The regulations impose specific obligations on parties involved with the use and supply of these chemical products. Under Section 94 of the Agricultural and Veterinary Chemicals Code, restricted chemical products, including the newly listed concentrated pindone products, can only be supplied to authorised persons. These authorised persons are typically defined on a state-by-state basis and are usually either employees of a relevant state government agency or individuals who have undergone specified training by the relevant state government agency. The regulations aim to ensure that only those with the necessary expertise in preparing baits using these concentrated products can legally handle them.
Failure to comply with the provisions of these regulations can result in significant legal consequences. The misuse of restricted chemical products, such as supplying or using them without authorisation, could lead to civil and criminal penalties. While the precise penalties are not specified within the explanatory statement, under the Agricultural and Veterinary Chemicals Code Act 1994, individuals or entities found in breach of the regulations may face substantial fines and potential imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as the jurisdiction in which it occurs. The overarching intent of these regulatory measures is to mitigate the risks associated with the use of pindone products while ensuring that they remain available for legitimate and controlled use in pest management.