Veterinary Chemicals Products (Excluded Stockfood Non-active Constituents) Order

Overview

The Agricultural and Veterinary Chemicals Code Regulations 1995 were enacted to address the need for a comprehensive regulatory framework governing the use of agricultural and veterinary chemicals in Australia. This legislation was developed in response to the gaps in previous regulatory systems which were deemed inadequate in protecting public health and the environment from the potential risks associated with the use of such chemicals. The Regulations were issued by the Governor-General under the authority granted by the Agricultural and Veterinary Chemicals Code Act 1994. The policy objective of these Regulations, as outlined in the Act, is to ensure that the use of agricultural and veterinary chemicals is managed in a way that minimises risks to human health and the environment while facilitating the efficient operation of agricultural industries. The Veterinary Chemical Products (Excluded Stockfood Non-Active Constituents) Order, which is part of these Regulations, was created to specify substances that are intended for use in stockfood as non-active constituents and do not require approval by the National Registration Authority for Agricultural and Veterinary Chemicals. This Order identifies substances that experts consider to pose no danger to animals, humans, non-target animals, or the environment. The substances listed in this Order are exempt from the need for individual evaluation by the NRA, thereby streamlining the regulatory process for certain stockfood non-active constituents.

Scope and Application

The Agricultural and Veterinary Chemicals Code Regulations 1995, made under Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994, apply to the regulation of agricultural and veterinary chemicals in Australia. These regulations cover the approval, registration, and control of chemical products used in agriculture and veterinary contexts, ensuring they are safe and effective for their intended purposes. The scope of the Act extends to all entities and individuals involved in the manufacture, supply, and use of these chemicals within Australia. The regulations also cover the import and export of such chemicals, ensuring compliance with national standards. Notably, certain substances intended for use in stockfood as non-active constituents and specified in the Veterinary Chemical Products (Excluded Stockfood Non-Active Constituents) Order are exempt from the need for approval by the National Registration Authority for Agricultural and Veterinary Chemicals, provided they pose no danger to animals, humans, non-target animals, or the environment. Conversely, substances not listed in the Order must undergo evaluation by the NRA before they can be used. The regulations are applicable across the Commonwealth, with potential variations in implementation across states and territories as per state-specific provisions.

Key Provisions

The main operative sections of the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Regulations) establish a framework for the control and regulation of agricultural and veterinary chemicals in Australia. Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) allows for the Governor-General to make regulations for the purpose of the Act. Pursuant to this authority, the Governor-General made the Agricultural and Veterinary Chemicals Code Regulations on 21 February 1995. One significant provision is found in paragraph 8(1)(d) of the Regulations, which states that substances intended for use in stockfood as non-active constituents and specified in an order do not require approval by the National Registration Authority for Agricultural and Veterinary Chemicals (NRA). The Veterinary Chemical Products (Excluded Stockfood Non-Active Constituents) Order specifies these substances, which have been deemed safe by relevant experts for use in stockfood. The Act and the Regulations impose various obligations and requirements on the parties and entities they govern. For instance, the NRA is tasked with the evaluation and approval of substances not listed in the Veterinary Chemical Products (Excluded Stockfood Non-Active Constituents) Order. This ensures that such substances do not pose any danger to animals, humans, non-target animals, or the environment. Manufacturers, importers, and suppliers of agricultural and veterinary chemicals are required to comply with the provisions of the Act and the Regulations, which include obtaining the necessary approvals and adhering to the specified standards. This ensures that only safe and effective chemicals are used in agricultural and veterinary practices. Breaches of the Act or the Regulations may result in civil or criminal consequences, including fines and imprisonment. The specific penalties depend on the nature and severity of the breach. For example, under Section 44 of the Act, an individual who knowingly contravenes a provision of the Act may be liable to a fine of up to $55,000 for a corporation, or $11,000 for an individual, or imprisonment for up to two years, or both. Additionally, the Act allows for the imposition of administrative penalties, such as pecuniary penalties and infringement notices, for less severe breaches. It is essential for all parties governed by the Act and the Regulations to be aware of these potential consequences and to ensure compliance with the provisions.