Pesticide Regulation in Australia

The main authority that is responsible for the registration, approval or restriction of agrochemicals sold in Australia is Australian Pesticides and Veterinary Medicines Authority (APVMA). The regulation of the use of pesticides is regulated by EPA by the provision of Pesticides ACT 1999 and Regulation 2017. The management of pesticides is governed by EPA, Commonwealth and NSW government agencies and other stakeholder organisations to ensure no harm to human health and environment.

Implementing Bodies

At present APVMA uses 19 standard spray drift risk for the assessment scenarios that take part in addressing the most common situations found in Australian agriculture. Routine assessment of risks by APVMA for the risks from spray drift is carried out for each of three main areas of its responsibility – protecting Australia’s international trade protecting human health and protecting the environment Process of registration.

Compliance

Pesticide products sold in Australia must be approved and registered by the Australian Pesticides and Veterinary Medicines Authority (APVMA).

Before registering a product, the APVMA assesses the pesticide’s

  • potential impacts on the environment, human health and trade
  • likely effectiveness for its proposed uses

If a pesticide contains an active constituent not previously used in Australia, the APVMA must seek public comment before registering it.

Only registered pesticides can be used, unless the APVMA grants approval for use under a permit. Registration includes approval of label directions, which specify

  • how, and under what circumstances, the pesticide may be used
  • clean-up, storage and disposal requirements
  • measures needed for personal and environmental safety

After registration, the APVMA regulates pesticides up to and including the point of retail sale. After sale, pesticides are regulated by the EPA.

Under its Chemical Review Program, the APVMA also reviews the registration of existing pesticides to determine whether

  • changes are necessary to the registration
  • the registration should be withdrawn

Notification of pesticide

Businesses must provide notification of pesticide use

  • Public authorities (for example local councils), must develop notification plans
  • property managers and pest management technicians must give notice before applying pesticides to common areas of flats and other multiple occupancy homes
  • pest management technicians must advise ‘sensitive places’ such as schools and community health centres of planned outdoor pesticide use on adjacent properties

Process of registration

The National Registration Authority for Agricultural and Veterinary Chemicals (NRA) later became the APVMA. The AGVET Code is used by the APVMA of the participating states and territories for addressing the registration process of the active ingredients or chemicals.

In July 1991, the Commonwealth, states and territories agreed for establishing the National Registration Scheme (NRS) for agricultural and veterinary chemicals. The development of the NRS contributes in the process of assessment and registration of all AGVET chemical products which was independently undertaken by the commonwealth states and territories.

The APVMA partners between the Commonwealth and the states and territories within which the establishment of NRA and APVMA took place as a Commonwealth statutory authority, that is responsible for the evaluation, registration and review of agricultural and veterinary chemicals and their control.

The APVMA is also termed as an independent statutory authority that implements the legislative powers, functions and AGVET Codes.


Registration process

Risk Assessment

AGVET chemicals are regulated according to the risks categories they fall under in terms of their effects and exposure.

The APVMA conducts risk analysis to obtain the risk category and level that includes assessment, management and communication of the risk. The significance of conducting risk assessment reduce the regulatory burden on industry specifically for products and chemicals that has low regulatory concern and parallelly increase the efficiency of the operations of APVMA. The regulatory efforts with risk are as follows:

• The Code set a legislative workflow for the alignment of regulatory efforts with risk.

• It allows the APVMA to prioritise enforcement and compliance activities based on risk followed by the allocation of internal resources equally.

• It also reduces the regulatory burden on industry and increases the effectiveness and efficiency of APVMA without compromising human health and environment. 

Legal Basis and Authorities 

The Australian Pesticides and Veterinary Medicines Authority is responsible for the registration, approval, and restriction of agrochemicals sold in Australia (APVMA). The use of pesticides is regulated by the Environmental Protection Agency (EPA) under the Pesticides Act of 1999 and Regulation 2017. The EPA, Commonwealth and NSW government agencies, as well as other stakeholder organisations, oversee pesticide management to guarantee no harm to human health or the environment. 

Authorties 

APVMA administers Australia’s agvet legislation and has a duty to not only manage potential risks, but also enforce compliance when required. 

The legislation includes: 

  • the Agricultural and Veterinary Chemicals Act 1994 (the Agvet Act) 

  • Agricultural and Veterinary Chemicals Code scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code) 

  • the Agricultural and Veterinary Chemicals (Administration) Act 1992 (the Admin Act) 

  • the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 (the Collection Act). 

APVMA has the following duties:  

  • issue substantiation notices 

  • issue formal warnings 

  • enter enforceable undertakings 

  • issue enforceable directions 

  • issue infringement notices 

  • issue stop supply and recall notices 

  • cancel or suspend permits for noncompliance or prior convictions 

  • cancel or suspend permits to prevent imminent risk 

  • issue a notice to attend, give information, or produce documents or things 

  • obtain and execute monitoring warrants 

  • obtain and execute investigation warrants. 

Who is affected?

 Companies involved in the manufacturing, formulation, repackaging, exportation, importation, marketing, and application service of pesticides in Australia shall file the registration application 

Legislation administered by the APVMA 

Agricultural and Veterinary Chemicals (Administration) Act 1992

The APVMA is established as an independent Commonwealth statutory authority responsible for the regulation and management of agricultural and veterinary chemicals in Australia up to the point of retail sale under this Act. This Act provides all of the internal details of the APVMA's establishment, as well as its functions and powers. It also includes laws governing chemical import and export, as well as enforcement and inspections. 

Agricultural and Veterinary Chemicals Act 1994

This act provides the constitutional and other legal elements necessary for the Agvet Code's implementation. The Agvet Code is to be applied as a law of the participating areas, according to the agreement. The Australian Capital Territory and any other territory designated as a participating territory by Regulations in force under section 25 of the act are considered participating territories. 

Agricultural and Veterinary Chemicals Code Act 1994

The Agvet Code is included as a schedule in this Act. The Agvet Code provides extensive rules that enable the APVMA to analyze, authorize, register, and review active ingredients and agricultural and veterinary chemical products (and their accompanying labels), as well as give permits and licenses for chemical product manufacturing. It also includes regulations to manage the supply of chemical products, as well as provisions to ensure that the Agvet Code is followed and enforced. 

Product Registration

The National Registration Authority for Agricultural and Veterinary Chemicals (NRA) later became the APVMA. The AGVET Code is used by the APVMA of the participating states and territories for addressing the registration process of the active ingredients or chemicals.  

In July 1991, the Commonwealth, states and territories agreed for establishing the National Registration Scheme (NRS) for agricultural and veterinary chemicals. The development of the NRS contributes to the process of assessment and registration of all AGVET chemical products which was independently undertaken by the commonwealth states and territories.  

The APVMA partners between the Commonwealth and the states and territories within which the establishment of NRA and APVMA took place as a Commonwealth statutory authority, that is responsible for the evaluation, registration and review of agricultural and veterinary chemicals and their control.  

The APVMA is also termed as an independent statutory authority that implements the legislative powers, functions and AGVET Codes. 

Labelling 

The product label is the primary and most effective means of communicating to users' critical information about pesticide and veterinary drug use that is both safe and effective. Current pesticide and veterinary medicine labelling, on the other hand, is complex, confusing, and inflexible, with separate labelling codes and information for different statutory needs. Because labels have become more extensive and comprehensive, vital information can be difficult to locate. Furthermore, updating information on labels takes time, which can result in different labels for the same product along the supply chain. 

By focusing pre-market regulatory effort on those label features that are unique to pesticides and veterinary pharmaceuticals, the Panel advises simplifying labelling and expediting label evaluation. Content that does not require assessment would be subject to the label.

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