Commonwealth Numbered Regulations - Explanatory Statements

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AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS (AMENDMENT) 1996 NO. 111

STATUTORY RULES 1996 No. 111

Issued by the Authority of the Minister for Primary Industries and Energy

Agricultural And Veterinary Chemicals Code Act 1994

Agricultural and Veterinary Chemicals Code Regulations (Amendment)

Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides that the Governor-General may make regulations for the purpose of the Act.

The Agricultural and Veterinary Chemicals Code Bill was passed in March 1994 as part of the package of legislation to implement the National Registration Scheme for agricultural and veterinary chemicals. The Agricultural and Veterinary Chemicals Code Regulations provide necessary support to the Act. The purpose of the proposed amendments is to:

*       provide an exemption for all products from the requirement for batch numbering of containers until 30 April 1998. (The purpose of batch numbering is to allow tracing of defective batches). This period is believed to be sufficient to allow for all unsold stock to have been sold. After that time the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) may launch prosecutions for non-compliance. (At present the regulations require all agricultural and veterinary chemicals to be batch numbered. This was not the case under the States/ Territories arrangement which preceded the NRA, so it was unreasonable to expect all product on sale to be batch numbered on the day on which the National Registration Scheme formally commenced, 15 March 1995. The NRA has handled this problem by not prosecuting offences;

*       provide for the date of filling of minibulk containers used in the aerial spraying industry to be recorded. At present, only the date of sale need be recorded. This amendment will allow better tracing of batches;

*       replace the system of having a unique number for each person selling hormonal growth promotants (HGPs) to a number for each premises selling HGPs. This is being done in recognition that premises need to be licensed rather than people because some companies own a number of outlets. Whereas the annual fee used to be $200 for each person, it will now be $200 per premises. This fee recompenses the NRA for the expense of running the HGP scheme. States/Territories formerly had the power to charge an annual fee;

*       require all notification numbers of the purchaser to be recorded, (for those cases where the purchaser has more than one number), rather than just one; and

*       require the recording of the purchaser declaration number for the premises where treated animals are to be kept.

Details of the regulations are as set out below.

Regulation 1 provides that the Agricultural and Veterinary Chemicals Code

Regulations are amended by the Agricultural and Veterinary Chemicals Code

Regulations (Amendment). The regulations will commence on gazettal.

Regulation 2

(a) provides an exemption for all products from the requirement for batch numbering until 30 April 1998, and

(b) requires all minibulk containers used for agricultural chemicals to have the date of filling recorded.

Regulation 3 withdraws the current arrangement whereby a notification number is issued to a person, and introduces an arrangement that issues a number to a person for each premises. The current annual fee of $200 for each person selling HGPs is altered to $200 per premises selling HGPs.

Regulation 4 extends the current scheme to require

(a) that purchasers of HGPs must acknowledge that treated animals must be marked for purposes of identification, and

(b) that the purchaser declaration number for the premises where the treated animals are to be kept must be recorded.

Regulation 5 extends the current scheme to require manufacturers and suppliers of HGPs to record all notification numbers of purchasers, (for those cases where the purchaser has more than one number), rather than just one.

Regulation 6 extends the current scheme to require importers and suppliers of HGPs to record all notification numbers of purchasers, (for those cases where the purchaser has more than one number), rather than just one.

Regulation 7 extends the current scheme to require suppliers of HCPs, other than manufacturers and importers, to record all notification numbers of purchasers, (for those cases where the purchaser has more than one number), rather than just one.

Regulation 8 slightly extends the number of test methods allowed to be used for chemical analyses viz allowing veterinary tests in the CIPAC Handbook (published by the Collaborative International Pesticides Analytical Council) and the AOAC Manual (published by the Association of Official Analytical Chemists) to be used, in addition to tests for agricultural chemicals.

Regulation 9 clarifies transitional arrangements concerning parlance, and the coverage of premises under the control of current licenceholders.