Agricultural and Veterinary Chemicals Code (Chemical Products) Standard 2025
Explanatory Statement
Issued by the Australian Pesticides and Veterinary Medicines Authority
Legislative authority
The Australian Pesticides and Veterinary Medicines Authority (APVMA) is a statutory authority continued in existence under section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992. Its functions and powers include administering the national system for regulation of agricultural and veterinary chemicals up to the point of supply i.e. retail sale, and exercising the powers and functions conferred on it by the Agricultural and Veterinary Chemicals Code (Code), as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994.
The APVMA may, by legislative instrument, make standards for chemical products under subsection 6E(1) of the Code. The APVMA is making the Agricultural and Veterinary Chemicals Code (Chemical Products) Standard 2025 (Chemical Products Standard) under subsection 6E(1) of the Code.
Purpose
In its recent final decision on the reconsideration of malathion, the APVMA identified a risk to users from toxic impurities formed during manufacture and storage of products containing malathion as an active constituent. To treat this risk, the APVMA proposed several new controls including proposing a standard to limit impurities in products containing malathion as an active constituent in its proposed regulatory decisions.
This Chemical Products Standard will ensure that the continued use of products containing malathion as an active constituent are safe for people, plants, animals and the environment. The Chemical Products Standard will be amended as required to include standards for other chemical products to ensure their continued use satisfies the statutory safety criteria.
Effect of the Chemical Products Standard
It is an offence or civil penalty for a person to supply, or cause or permit the supply of a product unless the chemical product conforms to a prescribed standard (section 87 of the Code and subregulation 42(3)(b) of the Agricultural and Veterinary Chemicals Code Regulations 1995 (Regulations)). As the Chemical Product Standard is a prescribed standard under subregulation 42(3)(b) of the Regulations, a person will be prevented from supplying, causing or permitting the supply of products containing malathion as an active constituent that contain levels of impurities the APVMA considers unsafe.
A provision-by-provision explanation of the instrument is provided at Attachment A.
Further information on the APVMA’s reconsideration of malathion, including its final regulatory decision is available on the APVMA’s website: www.apvma.gov.au. The APVMA’s final regulatory decision for malathion is available in the APVMA Special Gazette published on 2 May 2024.
Impact analysis
The Office of Impact Analysis, through its preliminary assessment process, considered that a full Impact Analysis was not required for this instrument. It considered that there would be limited increases in compliance costs for companies applying to register products covered by the standard and that the standard is largely consistent with widely used international standards (OIA25-09015).
Statement of compatibility with human rights obligations
A statement of compatibility has been prepared and is at Attachment B.
Consultation
The APVMA may, under Part 2, Division 4 of the Code, reconsider the registration of chemical products. This process includes public consultation. The proposed regulatory decision for products containing malathion was released for consultation on 22 November 2022 for three months. The APVMA did not receive any submissions through this process on the imposition of a standard.
Prior to making this instrument under section 6E of the Code, the APVMA undertook a further consultation. A draft of the instrument was formally released for consultation on the APVMA website and in the APVMA Gazette. The consultation closed on 8 July 2025, and no comments were received in response to the consultation.
Exemption from sunsetting
Although the Agricultural and Veterinary Chemicals Code (Chemical Products) Standard 2025 is a legislative instrument for the purposes of the Legislation Act 2003, pursuant to subsection 54(1) of that Act, it is not subject to sunsetting.
This is because the Agricultural and Veterinary Chemicals Code Act 1994:
- facilitates the establishment and operation of a co-operative scheme involving the Commonwealth and all States and Territories; and
- the Code authorises the Agricultural and Veterinary Chemicals Code (Chemical Products) Standard 2025 to be made for the purposes of the scheme.
Attachment A
Details of the AGRICULTURAL AND VETERINARY CHEMICALS CODE (CHEMICAL PRODUCTS) STANDARD 2025
Section 1 – Name of instrument
This section provides that the name of the instrument is the Agricultural and Veterinary Chemicals Code (Chemical Products) Standard 2025 (Chemical Product Standard).
Section 2 – Commencement
This section provides for the Chemical Product Standard to commence on the day after it is registered.
Section 3 – Authority
This section provides that the Chemical Product Standard is made under the authority of section 6E of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (Code Act).
Section 4 – Definitions
This section sets out the definitions used in the Chemical Product Standard.
Section 5 – Standards for chemical products
This section provides for the allowable limits for specified impurities for types of chemical products to be prescribed. To ensure that the Table is clear, it prescribes the active constituent, the type of chemical product containing the active constituent, formulation type for the chemical product, specified active constituent content and specified impurity levels.
The Chemical Product Standard prescribes specifications for active constituent content and maximum impurity levels for four formulation types of agricultural chemical products or veterinary chemical products containing malathion as an active constituent. In the future, the Chemical Product Standard will be amended as required to prescribe appropriate specifications for active constituent content and maximum impurity levels for products containing other active constituents, where such limits are required to ensure the products in question continue to satisfy the statutory safety criteria.
Noting the operation of section 87 of the Code and regulation 42 of the Agricultural and Veterinary Chemicals Code Regulations 1995, if the specified impurity levels for any of the formulation types of agricultural chemical products or veterinary chemical products containing malathion as an active constituent are exceeded, the person who supplies, causes or permits the supply of the product has committed an offence or be liable to pay a civil penalty under the Code. The criminal penalty is 300 penalty units, and the pecuniary penalty is determined in accordance with Division 2 of Part 9A of the Code.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Agricultural and Veterinary Chemicals Code (CHEMICAL PRODUCTS) Standard 2025
The Agricultural and Veterinary Chemicals Code (Chemical Products) Standard 2025 (Chemical Products Standard) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Chemical Product Standard
In undertaking its recent reconsideration of malathion, the Australian Pesticides and Veterinary Medicines Authority (APVMA) identified a risk to users from toxic impurities formed during manufacture and storage of products containing malathion as an active constituent. If the toxic impurities exceed prescribed limits, they will pose an unacceptable risk to safety, particularly the safety of people using the products e.g. farmers and pet owners. To treat this risk, the APVMA imposed several new controls and proposed making a standard to limit impurities in products containing malathion as an active constituent. Further information on the APVMA’s final regulatory decision on malathion can be found in the Commonwealth Gazette.
The Chemical Product Standard, made under subsection 6E(1) of the Agricultural and Veterinary Chemicals Code (Code) contained in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994, prescribes limits for impurities in products containing malathion as an active constituent. The Chemical Product Standard ensures that continued use of products containing malathion are safe for people, plants, animals and the environment by setting limits for toxic impurities.
Due to the effect of the existing legislation, following the making of the Chemical Product Standard, a person may commit an offence or be liable to pay a civil penalty if the person supplies a product containing malathion, or causes or permits such a product to be supplied, if the product does not conform with the prescribed limits (see paragraph 87(2)(a) of the Code and subregulation 42(3) of the Agricultural and Veterinary Chemicals Code Regulation 1995).
The Chemical Product Standard will have limited impact on holders of malathion product registrations and active constituent approvals from increased compliance costs as the standard is largely consistent with widely used international standards.
Human rights implications.
The Chemical Product Standard does not engage any of the applicable rights or freedoms.
Conclusion
The Chemical Product Standard is compatible with human rights as it does not raise any human rights issues.