EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 341
Issued by Authority of the Minister for Agriculture, Fisheries and Forestry
Agricultural and Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemicals Code Amendment Regulations 2009 (No. 2)
Subsection 6(1) of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the Agricultural and Veterinary Chemicals Code (the 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.
Section 93 of the Code provides that the regulations may declare a chemical to be a restricted chemical product, provided that the Australian Pesticides and Veterinary Medicines Authority (APVMA) 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 3 August 2009 the delegate of the APVMA certified, pursuant to the Code, that it is in the public interest for vertebrate pest control products containing fenthion, alphachoralose or 4-aminopyridine to be declared by the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations) to be restricted chemical products.
The purpose of the Regulations is to add all vertebrate pest control products containing fenthion, alphachoralose or 4-aminopyridine to the list of restricted chemical products, as set out in Schedule 4 to the Principal Regulations.
Vertebrate pest control products containing fenthion, alphachloralose or 4-aminopyridine are used for the control of non-native pest bird species. It has been determined that specific knowledge and skills are required to safely use these products. If they are not used correctly there is a significant risk that non-target bird species could be poisoned or members of the public exposed to these pesticides. Strict controls and training are necessary for the continued safe use of these products.
The Department of the Environment, Water, Heritage and the Arts (DEWHA) has advised the APVMA that continued registration of fenthion vertebrate pest control products could only be supported if they were declared to be restricted chemical products, therefore limiting the potential for misuse. Further advice from DEWHA outlined similar potential for non-target birds to be poisoned by the use of alphachloralose products and, therefore, also requiring their declaration to be restricted chemical products.
The declaration of these products is supported by the states and territories and, following their requests, the remaining bird control products containing 4-aminopyridine have similarly been declared to be restricted chemical products. The decision to declare the products containing fenthion, alphachoralose or 4-aminopyridine to be restricted chemical products is also supported by all the registrants of the affected products and they have submitted to the APVMA new draft labels for use after the declaration.
Declaring a chemical product to be a restricted chemical product has the effect that the product cannot be supplied to any person who is not authorised to use the product under state/territory law and also requires that a restricted chemical product must not be supplied unless the product label is endorsed "RESTRICTED CHEMICAL PRODUCT - ONLY TO BE SUPPLIED OR USED BY AN AUTHORISED PERSON".
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.
0920742A-091002Z
Overview
The Agricultural and Veterinary Chemicals Code Amendment Regulations 2009 (No. 2) were enacted to address the need for stricter controls on the use of certain vertebrate pest control products due to their potential risks to non-target species and the public. These Regulations amend the Agricultural and Veterinary Chemicals Code Act 1994, providing authority for the Minister for Agriculture, Fisheries and Forestry to implement these changes. The problem addressed by the Regulations is the significant risk posed by the misuse of vertebrate pest control products containing fenthion, alphachloralose, or 4-aminopyridine, which necessitates specific knowledge and skills for safe use. The policy objective is to ensure these products are only used by authorised persons, thereby minimising the risk of poisoning non-target species and public exposure to these chemicals. The Regulations were issued pursuant to the certification by the Australian Pesticides and Veterinary Medicines Authority that such restrictions are in the public interest.
Scope and Application
The Agricultural and Veterinary Chemicals Code Amendment Regulations 2009 (No. 2) apply to the regulation of restricted chemical products under the Agricultural and Veterinary Chemicals Code Act 1994. These regulations specifically target vertebrate pest control products containing fenthion, alphachloralose, or 4-aminopyridine, which are used for the control of non-native pest bird species. The legislation is applicable to any person or entity involved in the supply, use, or handling of these restricted chemical products within Australia. It encompasses the entire nation, including all states and territories, thereby establishing a uniform standard across the country. The regulations mandate that these products cannot be supplied to individuals or entities that are not authorised under state or territory laws to use them, and require that the product labels be endorsed with a specific warning indicating their restricted nature. The decision to classify these products as restricted was made to mitigate the significant risks associated with their misuse, such as poisoning of non-target bird species and potential exposure of the public to harmful pesticides. The regulations are effective throughout the Commonwealth of Australia, with the support of relevant state and territory governments, and are backed by the Australian Pesticides and Veterinary Medicines Authority.
Key Provisions
The key operative sections of the Agricultural and Veterinary Chemicals Code Amendment Regulations 2009 (No. 2) are Section 3, which declares vertebrate pest control products containing fenthion, alphachloralose or 4-aminopyridine to be restricted chemical products. This is based on a certification by the delegate of the APVMA that it is in the public interest to declare these products as restricted, due to the significant risk they pose if not used correctly. Section 4 of the Regulations specifies the requirements for the labelling of these restricted chemical products, ensuring they are clearly marked as such to prevent unauthorised use. These provisions are made under the authority of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) and the Agricultural and Veterinary Chemicals Code (the Code).
The obligations imposed by these Regulations on parties or entities governed by them include the requirement to ensure that restricted chemical products are not supplied to unauthorised persons, as mandated by Section 4 of the Regulations. Suppliers of these products must also ensure that the product labels are endorsed with "RESTRICTED CHEMICAL PRODUCT - ONLY TO BE SUPPLIED OR USED BY AN AUTHORISED PERSON" to comply with Section 4. Furthermore, Section 94 of the Code mandates that 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 state or territory law. This requirement underscores the need for strict controls to prevent misuse and protect public safety.
Any breaches of these Regulations can lead to significant consequences. For instance, supplying a restricted chemical product to an unauthorised person or failing to comply with the labelling requirements can result in civil or criminal penalties. Although the exact penalties are not specified in the Explanatory Statement, under the Agricultural and Veterinary Chemicals Code Act 1994, offences related to the misuse of restricted chemicals can attract substantial fines and even imprisonment. The public interest certification by the APVMA underscores the seriousness of these restrictions, aiming to mitigate risks associated with the improper use of these chemicals.