Agricultural and Veterinary Chemical Code Amendment Regulations 2003 (No. 1) 2003 No. 8
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 8
Minute No. of 2003 - 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 2003 (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 to the Act 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.
Under section 94 of the Code, a person must not supply or cause or permit, a restricted chemical product to be supplied to a person who is not authorised to use the product under another law of this jurisdiction.
On 29 November 2002, the delegate of the NRA certified, pursuant to the Code, that it is in the public interest for all chemical products containing mevinphos to be declared by the Agricultural and Veterinary Chemicals Code Regulations 1995 (the principal regulations) to be 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.
These Regulations add all products containing mevinphos to the list of restricted chemical products, as set out in Schedule 4 of the principal regulations.
This change reflects the results of a recent supplementary review of mevinphos products by the NRA.
Mevinphos is a broad spectrum organophosphorous insecticide used in Australia for control of a specific insect pest, diamondback moth.
The NRA reviewed mevinphos in 1997 in response to concerns about the potential risk of toxicity of mevinphos, particularly in relation to occupational exposure. As a result of that review, all uses of products containing mevinphos were withdrawn, except in brassica production (crops such as cabbages, cauliflower, broccoli and brussel sprouts).
The continuation of use in brassica production was conditional on the generation of new data on user safety. Pending that data being given to the NRA, authority for the supply of the product was suspended. The data has now been provided to the NRA and a final supplementary review report completed. The NRA adopted the final supplementary review report in October 2002 and lifted the suspension on the supply of mevinphos products.
A key finding of the supplementary review was that special knowledge, skills and qualifications are required in the preparation and handling of mevinphos products. In order to ensure that access to the product is limited to persons who are appropriately trained, the review report recommended that mevinphos products should be declared to be restricted chemical products and thereby available for supply to authorised persons only.
The Regulations add the following to Schedule 4 of the Agricultural and Veterinary Chemicals Code Regulations:
• A chemical product containing mevinphos.
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 2003 (No. 1) were enacted to address the need for tighter controls on the use of mevinphos, a broad-spectrum organophosphorus insecticide used in Australia for controlling the diamondback moth. The legislation amends the Agricultural and Veterinary Chemicals Code Regulations 1995 by declaring all chemical products containing mevinphos as restricted chemical products, thereby ensuring that their supply is limited to authorised persons only. This amendment was made following a supplementary review conducted by the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) in response to concerns over the potential toxicity risks associated with mevinphos, particularly in occupational settings. The review concluded that special knowledge, skills, and qualifications are necessary for handling these products safely, justifying their classification as restricted chemicals to safeguard public health and the environment. The policy objective underpinning these regulations is to mitigate the risks associated with the use of hazardous chemicals by ensuring that only adequately trained and authorised individuals have access to them.
Scope and Application
The Agricultural and Veterinary Chemical Code Amendment Regulations 2003 (No. 1) pertain to the regulation of chemical products used in agriculture and veterinary practices across Australia. These regulations apply to all chemical products containing mevinphos, a broad-spectrum organophosphorous insecticide, specifically those used in the control of the diamondback moth. The regulations are made under the authority of the Agricultural and Veterinary Chemicals Code Act 1994 and involve the declaration of such products as restricted chemical products, which can only be supplied to persons authorised under the law of the jurisdiction. This amendment is in response to a certification by the National Registration Authority for Agricultural and Veterinary Chemicals that it is in the public interest to restrict the availability of mevinphos products. The regulations ensure that these products are only supplied to individuals who possess the special knowledge, skills, and qualifications necessary for their safe handling and use. The geographic reach of these regulations is national, as they are implemented under the Act which operates across the Commonwealth of Australia.
Key Provisions
The key operative sections of the Agricultural and Veterinary Chemical Code Amendment Regulations 2003 (No. 1) include sections that allow the declaration of chemicals as restricted products and the regulation of their supply. Section 93 of the Agricultural and Veterinary Chemicals Code (the Code) allows the regulations to declare a chemical as a restricted product if the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) certifies it is in the public interest. Section 94 of the Code prohibits the supply of restricted chemical products to unauthorised persons. The amendment regulations specifically add products containing mevinphos to the list of restricted chemical products in Schedule 4 of the Agricultural and Veterinary Chemicals Code Regulations 1995.
The obligations imposed by these regulations primarily concern the NRA and authorised persons. The NRA must certify in writing that it is in the public interest for a chemical to be declared as restricted. Authorised persons, who are those permitted by law to use such products, are obligated to ensure they obtain restricted products only from legitimate sources. These persons must also comply with any additional requirements set by the NRA, such as possessing special knowledge, skills, and qualifications to handle restricted chemicals safely.
Breaches of these regulations can lead to civil and criminal consequences. Under the Agricultural and Veterinary Chemicals Code Act 1994, unauthorised supply of restricted chemical products can result in penalties. The maximum penalty for an individual is $66,000, and for a body corporate, the penalty can be up to $330,000. Additionally, the court may order the confiscation of the restricted chemical products involved in the breach. These penalties underscore the importance of adhering to the regulations to ensure public safety and proper chemical handling.