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Obligations/Cwlth + states

Use AgVet chemicals in accordance with the APVMA label + state CUP

Agricultural and veterinary chemicals must be used per the registered label + state Chemical Use Permit conditions.

Commonwealth and state law together

Two layers: the APVMA registers agvet products and approves labels under the Commonwealth Agvet Code, but how a product is used after sale is controlled by state and territory law and enforced by state agencies. Check the rules in each state or territory where you operate.

highcurrentongoingCriminal liability

Who must comply

Anyone who uses registered agvet chemicals in a business: farmers and other primary producers, commercial and contract spray operators, pest controllers, and veterinarians and others using veterinary medicines. Use is regulated by the responsible state or territory agency, for example the NSW Environment Protection Authority and NSW Department of Primary Industries and Regional Development, Queensland's Department of Primary Industries, and Agriculture Victoria.

What triggers it

Buying, storing, mixing or applying an agvet chemical product; or wanting to use a product in a way, on a crop or animal, or at a rate its label does not allow.

When due

At every use: read and follow the current label or permit. Obtain an APVMA permit before any off-label use. Meet state record-keeping, training and licensing requirements as they apply in the state where the chemical is used.

Evidence required

Current product labels and any APVMA permits relied on (checked in the PubCRIS and permits databases); application records (date, product, rate, area, operator, weather) as required by the state; operator training or licence records; equipment calibration logs; incident and spray-drift complaint records.

Max penalty

Penalties are set by state and territory control-of-use laws. The APVMA notes that incorrect use contrary to legally binding label directions can lead to fines, litigation and, in some circumstances, criminal prosecution

Who must comply with this? The applicability test by industry, business structure and size.

Summary

Agricultural and veterinary (agvet) chemicals are regulated in two layers. Up to the point of retail sale, the Australian Pesticides and Veterinary Medicines Authority (APVMA) registers products and approves their labels under the Agvet Code. Once a product is sold or supplied to an end user, its use is controlled by state and territory legislation, codes of practice and standard operating procedures. The APVMA does not monitor or enforce correct use: that is done by state and territory agencies, police and work health and safety regulators. The user is responsible for following the APVMA-approved directions for use on the label, some of which are legally binding. Using a product outside its label requires an APVMA permit, such as a minor use permit or an emergency permit, which legalises that specific use.

Enforced by

Source legislation

Industries

Topics

agriculturechemical-use

Related

Frequently asked questions

Who must comply with Use AgVet chemicals in accordance with the APVMA label + state CUP?
Anyone who uses registered agvet chemicals in a business: farmers and other primary producers, commercial and contract spray operators, pest controllers, and veterinarians and others using veterinary medicines. Use is regulated by the responsible state or territory agency, for example the NSW Environment Protection Authority and NSW Department of Primary Industries and Regional Development, Queensland's Department of Primary Industries, and Agriculture Victoria.
What triggers Use AgVet chemicals in accordance with the APVMA label + state CUP?
Buying, storing, mixing or applying an agvet chemical product; or wanting to use a product in a way, on a crop or animal, or at a rate its label does not allow.
When is Use AgVet chemicals in accordance with the APVMA label + state CUP due?
At every use: read and follow the current label or permit. Obtain an APVMA permit before any off-label use. Meet state record-keeping, training and licensing requirements as they apply in the state where the chemical is used.
What is the maximum penalty for Use AgVet chemicals in accordance with the APVMA label + state CUP?
Penalties are set by state and territory control-of-use laws. The APVMA notes that incorrect use contrary to legally binding label directions can lead to fines, litigation and, in some circumstances, criminal prosecution
What evidence is required for Use AgVet chemicals in accordance with the APVMA label + state CUP?
Current product labels and any APVMA permits relied on (checked in the PubCRIS and permits databases); application records (date, product, rate, area, operator, weather) as required by the state; operator training or licence records; equipment calibration logs; incident and spray-drift complaint records.

Source: https://www.apvma.gov.au/about/use-agvet-chemicals-australia. Rules Mate is not a law firm. Always verify against the live regulator source before acting.