EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 278
Issued by Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry
Agricultural and Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemicals Code Amendment Regulations 2007 (No. 1)
The Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides for regulations to be made in respect of the States and the Northern Territory of Australia. In particular, section 6 of the Act provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the Agricultural and Veterinary Chemicals Code to be prescribed by regulations within the meaning of the Code.
Subsection 5(1) of the Act provides that the Code set out in the Schedule to the Act may be referred to as the Agvet Code of the participating States and the Northern Territory.
Part 2A and Part 2B of the Code contain provisions regarding the low-regulatory scheme for agricultural and veterinary chemicals. These provisions were introduced in 2003 so that industry would benefit from a decreased regulatory burden in following the registration process for low-risk agricultural and veterinary chemical products. Under these arrangements, the listing of products, or classes of those products, allows for them to be registered on application against established standards. The reserving of products, or classes of those products, on the other hand, allows for them to be excluded from the conventional registration processes, subject to certain conditions regarding their possession, custody, use or other dealing.
Subsection 56C(1) of the Code makes provision for the regulations to contain a schedule listing chemical products or classes of chemical products that can be granted listed registration under Part 2A. Likewise, subsection 56ZU(1) of the Code makes provision for the regulations to contain a schedule specifying chemical products or classes of chemical products that are reserved chemical products under Part 2B.
On the advice of the Australian Pesticides and Veterinary Medicines Authority (APVMA), the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry has recommended that the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations) be amended to add:
- Two classes of chemical products to be listed under Part 2A – those being, joint health products for dogs and horses, and certain products for use in home swimming pools and spas; and
- Eleven classes of agricultural chemical products to be reserved under Part 2B – those being, general-purpose disinfectants commonly used to treat surfaces and equipment in animal husbandry, egg production and horticulture.
The decision as to which products, or classes of products, should be listed or reserved was made by the APVMA in consultation with industry stakeholders and representatives of state government agricultural and primary industry departments. This led to the following information being provided to the then Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry, Senator, the Hon Richard Colbeck in accordance with subsections 56C(2) and 56ZU(4) of the Code:
- particulars of the classes of chemical products that the APVMA proposes for listing and reservation;
- draft standards that the APVMA proposes to submit for approval in relation to chemical products granted listed registration;
- draft conditions that the APVMA proposes to apply to reserved chemical products;
- written explanations regarding certain matters that the APVMA is required to be satisfied; and
- written statements of the Code identifying the consultations held by, and advice given to, the APVMA regarding the proposed listing and reservation of the chemical products.
While the Code allows the Parliamentary Secretary to direct the APVMA to conduct a round of formal public consultation, he was satisfied that sufficient consultation had occurred with all stakeholders and, accordingly, decided not to require the APVMA to publish a notice in the Gazette seeking further comment.
The Regulations add the following to the Principal Regulations:
- at Schedule 3B, two classes of chemical products that can be granted listed registration under Part 2A of the Code;
- joint health products for dogs and horses that contain 1 or more of the following as an active constituent;
- chondroitin;
- glucosomine, and
- home swimming pools and spas products that contain only 1 one of the following as an active constituent;
- calcium hypochlorite;
- lithium hypochlorite;
- sodium dichloroisocyanurate;
- sodium hypochlorite;
- trichloroisocyanuric acid
- at Schedule 3C, eleven classes of agricultural chemical products used as disinfectants that are reserved chemical products for the purposes of the Code and which contain the following active constituents at specified concentration levels;
- benzalkonium chloride
- glutaraldehyde
- hydrogen peroxide
- o-benzyl-p-chlorophenol
- ortho-phenylphenol
- peroxyacetic acid
- phosphoric acid
- sodium hydroxide
- sodium hypochlorite
- sulfamic acid
- sulfuric acid
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered.
0608451A-070906Z
Overview
The Agricultural and Veterinary Chemicals Code Amendment Regulations 2007 (No. 1) were enacted to amend the Agricultural and Veterinary Chemicals Code Regulations 1995, which fall under the Agricultural and Veterinary Chemicals Code Act 1994. The principal aim of these amendments was to address the need for a more streamlined regulatory process for certain low-risk agricultural and veterinary chemical products. The objective was to facilitate easier registration and use of products that have been deemed to pose minimal risk to human health and the environment, thus reducing the regulatory burden on industry. The changes were recommended by the Australian Pesticides and Veterinary Medicines Authority (APVMA) and approved by the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry. This legislative instrument aims to balance the need for effective chemical regulation with the practical requirements of the agricultural sector, ensuring that low-risk products can be brought to market more efficiently.
In accordance with the provisions of the Agricultural and Veterinary Chemicals Code Act 1994, these amendments introduce new classes of chemical products to be either listed or reserved under specific parts of the Code. The listing process allows for certain products to be registered under simplified conditions, while the reserving process excludes other products from conventional registration, subject to certain conditions. The APVMA made the decision to list joint health products for dogs and horses and certain home swimming pool and spa products, as well as to reserve several classes of disinfectants used in animal husbandry, egg production, and horticulture. The Parliamentary Secretary reviewed the APVMA's proposals and decided that further public consultation was not necessary, leading to the enactment of these amendments. The Regulations are considered a legislative instrument under the Legislative Instruments Act 2003 and came into effect on the day after they were registered.
Scope and Application
The Agricultural and Veterinary Chemicals Code Amendment Regulations 2007 (No. 1) are a legislative instrument issued under the Agricultural and Veterinary Chemicals Code Act 1994, applicable across the participating states and the Northern Territory of Australia. These regulations aim to amend the Agricultural and Veterinary Chemicals Code, commonly referred to as the Agvet Code, by introducing new classifications of chemical products that can be granted listed registration or reserved. The regulations are made on the advice of the Australian Pesticides and Veterinary Medicines Authority (APVMA) following consultations with industry stakeholders and state government representatives. The new classifications include joint health products for dogs and horses containing specific active constituents such as chondroitin and glucosamine, as well as products for home swimming pools and spas with certain active ingredients like calcium hypochlorite and sodium hypochlorite, which are granted listed registration. Additionally, eleven classes of agricultural chemical products used as disinfectants containing specific active ingredients at specified concentration levels, such as benzalkonium chloride and glutaraldehyde, are reserved chemical products under these regulations. These amendments aim to streamline the registration process for low-risk products while ensuring certain products are excluded from the conventional registration processes under specified conditions.
Key Provisions
The main operative sections of the Agricultural and Veterinary Chemicals Code Amendment Regulations 2007 (No. 1) involve amendments to the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations). Specifically, these amendments introduce two classes of chemical products to be listed under Part 2A of the Code and eleven classes of agricultural chemical products to be reserved under Part 2B (Schedules 3B and 3C). These changes are designed to provide a low-regulatory scheme for certain agricultural and veterinary chemicals, easing the regulatory burden for products deemed to be of low risk. Under Part 2A, the listing of products allows for their registration on application against established standards, while Part 2B reserves certain products from conventional registration processes, subject to specific conditions on their possession, custody, use, or other dealings.
The obligations and requirements imposed by these Regulations on parties and entities are twofold. Firstly, for products listed under Part 2A, registrants must adhere to the established standards for joint health products for dogs and horses and certain home swimming pool and spa products. This includes ensuring the products contain specified active constituents and meet the criteria for listed registration. Secondly, for products reserved under Part 2B, such as disinfectants used in animal husbandry, egg production, and horticulture, registrants must comply with specific conditions related to their use and handling. These conditions are designed to mitigate any potential risks associated with these products while still allowing for their use under controlled circumstances.
In terms of breaches and consequences, the Agricultural and Veterinary Chemicals Code Act 1994 provides for various penalties and civil or criminal consequences. For instance, unauthorised use, supply, or advertisement of restricted chemicals can lead to criminal penalties, including fines and imprisonment. The maximum penalties can vary based on the severity of the breach, with higher fines and longer imprisonment terms for more serious offences. Additionally, civil penalties may apply for breaches of the Code, and these can include substantial fines per offence. It is essential for parties and entities governed by these Regulations to comply strictly to avoid these potential legal consequences.