Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objective 1 2 Authorising provisions 1 3 Commencement 2 4 Revocation 2 5 Definitions 2 6 Concentrations and weight by reference to dry mass 2 Part 2—Labels and advice notes 3 7 Labels for packaged fertilisers 3 8 Advice notes for bulk fertilisers 3 9 Additional requirements for fertilisers containing cadmium, mercury and lead 5 10 Warning statements on labels or advice notes for fertiliser 5 Part 3—Standards for maximum levels of contaminants in fertilisers 9 11 Cadmium 9 12 Mercury 9 13 Lead 9 Part 4—Transitional provisions 11 14 Definitions 11 15 Labels for packaged fertilisers sold before 1 October 2016 11 16 Advice notes for bulk fertilisers sold before 1 February 2016 11 ═══════════════ Endnotes 12 -- 1 of 13 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 108/2015 Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 The Governor in Council makes the following Regulations: Dated: 29 September 2015 Responsible Minister: JAALA PULFORD Minister for Agriculture MATTHEW McBEATH Clerk of the Executive Council Part 1—Preliminary 1 Objective The objective of these Regulations is to prescribe— (a) the requirements for labels and advice notes for fertilisers sold in Victoria; and (b) standards for maximum levels of contaminants in fertilisers sold in Victoria. 2 Authorising provisions These Regulations are made under sections 24, 27 and 76 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992. -- 2 of 13 -- Part 1—Preliminary Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 October 2015. 4 Revocation The Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 20051 are revoked. 5 Definitions In these Regulations–– biuret means a substance with the chemical name Imidodicarbonic diamide and having the chemical formula C2 H5 N3 O2 ; trace elements means the elements boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), or zinc (Zn). 6 Concentrations and weight by reference to dry mass In these Regulations, a reference to the concentration or weight of a substance per kilogram of a fertiliser or other substance must be calculated and stated by reference to the mass of the substance in a kilogram of the dry fertiliser or other substance. -- 3 of 13 -- Part 2—Labels and advice notes Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 3 Authorised by the Chief Parliamentary Counsel Part 2—Labels and advice notes 7 Labels for packaged fertilisers (1) A fertiliser that is sold in a packaged form must have a label affixed in a secure and durable manner to each package covering or containing the fertiliser. (2) A label referred to in subregulation (1) must— (a) state the name of the fertiliser; and (b) state the quantity (by weight or volume) of the fertiliser covered by or contained in the package; and (c) state the name and full business address of the Australian wholesale dealer or the seller of the fertiliser; and (d) contain the warning statements required by regulation 10 for that fertiliser. (3) The information on the label must— (a) be in English; and (b) be in letters and figures not less than 2 millimetres high. (4) The information on the label may also be given in a language other than English. Note Section 18(1)(a) of the Act prohibits the sale of a fertiliser unless it is accompanied by a label which complies with the Regulations. In the case of a corporation, a penalty of 400 penalty units applies and in any other case, a penalty of 200 penalty units applies. 8 Advice notes for bulk fertilisers (1) If a fertiliser is sold in an unpackaged form, the seller must provide the buyer with an advice note as follows— -- 4 of 13 -- Part 2—Labels and advice notes Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 4 Authorised by the Chief Parliamentary Counsel (a) if the fertiliser is collected from the seller by the purchaser or purchaser's agent, the advice note must be handed to the purchaser or purchaser's agent at the time the fertiliser is collected; or (b) if the fertiliser is delivered to the purchaser or purchaser's agent, the advice note must be handed to the purchaser or purchaser's agent at the time of delivery; or (c) if the fertiliser is delivered to premises where neither the purchaser nor purchaser's agent is present, the seller must take reasonable steps to ensure that the advice note is provided to the purchaser within 2 days of the delivery date. (2) An advice note provided under subregulation (1)(c) must identify the fertiliser to which it relates and the date and location of delivery of that fertiliser. (3) An advice note referred to in subregulation (1) must–– (a) state the name of the fertiliser; and (b) state the quantity (by weight or volume) of the fertiliser sold; and (c) state the name and full business address of the seller of the fertiliser; and (d) contain the warning statements that are required by regulation 10 in respect of that fertiliser. (4) The information on the advice note must— (a) be in English; and (b) be in letters and figures not less than 2 millimetres high. -- 5 of 13 -- Part 2—Labels and advice notes Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 5 Authorised by the Chief Parliamentary Counsel (5) The information on the advice note may also be given in a language other than English. Note Section 18(1)(a) of the Act prohibits the sale of a fertiliser unless it is accompanied by an advice note which complies with the Regulations. In the case of a corporation, a penalty of 400 penalty units applies and in any other case, a penalty of 200 penalty units applies. 9 Additional requirements for fertilisers containing cadmium, mercury and lead The concentration of cadmium (Cd), mercury (Hg), or lead (Pb) present in a fertiliser must be stated on the label or advice note in the following circumstances— (a) if the concentration of cadmium (Cd) is greater than 1⋅0 milligram of cadmium (Cd) per kilogram; or (b) if the concentration of mercury (Hg) is greater than 0⋅2 milligrams of mercury (Hg) per kilogram; or (c) if the concentration of lead (Pb) is greater than 20⋅0 milligrams of lead (Pb) per kilogram. 10 Warning statements on labels or advice notes for fertiliser (1) This regulation specifies the warning statements that must be shown on— (a) a label affixed to packaged fertiliser under regulation 7; and (b) an advice note provided with unpackaged fertiliser under regulation 8. -- 6 of 13 -- Part 2—Labels and advice notes Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 6 Authorised by the Chief Parliamentary Counsel (2) The warning statement required for fertiliser containing biuret is as follows— (a) if the fertiliser contains more than 10⋅0 grams but not more than 20⋅0 grams biuret per kilogram of total nitrogen (N)— "WARNING––this fertiliser contains biuret. Repeated foliar sprays may cause damage to citrus."; (b) if the fertiliser contains more than 20⋅0 grams but not more than 30⋅0 grams biuret per kilogram of total nitrogen (N)— "WARNING––this fertiliser contains biuret. It is not recommended for repeated foliar application on horticultural crops."; (c) if the fertiliser contains more than 30⋅0 grams biuret per kilogram of total nitrogen (N)— "WARNING––this fertiliser contains biuret. It is not recommended for foliar application except on turf.". (3) The warning statement required for fertiliser containing molybdenum (Mo) in excess of 10⋅0 milligrams per kilogram, other than a fertiliser also containing copper (Cu) in an equivalent or greater amount than molybdenum, is–– "WARNING––excessive application of molybdenum to pasture can be harmful to stock animals. Plant levels of molybdenum can be high for up to 4 weeks after application. It is advisable to keep stock animals off areas to which this product has been applied for 4 weeks.". -- 7 of 13 -- Part 2—Labels and advice notes Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 7 Authorised by the Chief Parliamentary Counsel (4) The warning statement required for fertiliser containing selenium (Se) in excess of 10⋅0 milligrams per kilogram is— "WARNING––excessive use of this product can be toxic to livestock. This product should not be used if a selenium deficiency does not exist in stock animals grazing on the area where it is to be applied. This product must not be applied at a rate greater than that stated on the label or advice note.". (5) The warning statement required for fertiliser containing cadmium (Cd) in excess of 1⋅0 milligram per kilogram is–– "WARNING––this product contains cadmium. Its use may result in accumulation of cadmium in the soil and may lead to residue levels in plant and animal products in excess of the maximum level specified by the Australia New Zealand Food Standards Code.". (6) The warning statement required for fertiliser containing mercury (Hg) in excess of 0⋅2 milligrams per kilogram is–– "WARNING––this product contains mercury. Its use may result in accumulation of mercury in the soil and may lead to residue levels in plant and animal products in excess of the maximum level specified by the Australia New Zealand Food Standards Code.". (7) The warning statement required for fertiliser containing lead (Pb) in excess of 20⋅0 milligrams per kilogram is–– "WARNING––this product contains lead. Its use may result in accumulation of lead in the soil and may lead to residue levels in plant and animal products in excess of the maximum level specified -- 8 of 13 -- Part 2—Labels and advice notes Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 8 Authorised by the Chief Parliamentary Counsel by the Australia New Zealand Food Standards Code.". (8) The warning statement required for fertiliser sold in a solid form— (a) in any quantity without packaging; or (b) in a package weighing more than 5 kilograms— is–– "WARNING—the dust from this product may act as an irritant. Avoid inhalation and contact with the eyes and skin.". -- 9 of 13 -- Part 3—Standards for maximum levels of contaminants in fertilisers Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 9 Authorised by the Chief Parliamentary Counsel Part 3—Standards for maximum levels of contaminants in fertilisers Note Section 24(1) of the Act prohibits the manufacture or sale of a fertiliser that does not comply with a relevant standard in the Regulations, or contains a constituent that does not comply with that standard. In the case of a corporation, a penalty of 400 penalty units applies and in any other case, a penalty of 200 penalty units applies. This Part sets out the applicable standards for fertilisers. 11 Cadmium (1) The concentration of cadmium (Cd) in a fertiliser that contains 20 grams or more of phosphorus (P) in a kilogram must not exceed 300⋅0 milligrams for each kilogram of phosphorus (P) in the fertiliser. (2) The concentration of cadmium (Cd) in a fertiliser that only contains trace elements must not exceed 50⋅0 milligrams for each kilogram of the fertiliser. (3) The concentration of cadmium (Cd) in any other fertiliser must not exceed 10⋅0 milligrams for each kilogram of the fertiliser. 12 Mercury The concentration of mercury (Hg) in a fertiliser must not exceed 5⋅0 milligrams for each kilogram of the fertiliser. 13 Lead (1) The concentration of lead (Pb) in a fertiliser partially constituted by trace elements must not exceed 500⋅0 milligrams for each kilogram of the fertiliser. (2) The concentration of lead (Pb) in a fertiliser that only contains trace elements must not exceed 2⋅0 grams for each kilogram of the fertiliser. -- 10 of 13 -- Part 3—Standards for maximum levels of contaminants in fertilisers Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 10 Authorised by the Chief Parliamentary Counsel (3) The concentration of lead (Pb) in a fertiliser that does not contain trace elements must not exceed 100⋅0 milligrams for each kilogram of the fertiliser. -- 11 of 13 -- Part 4—Transitional provisions Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 11 Authorised by the Chief Parliamentary Counsel Part 4—Transitional provisions 14 Definitions In this Part— 2005 Regulations means the Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2005 as in force immediately before the commencement of these Regulations. 15 Labels for packaged fertilisers sold before 1 October 2016 For the purposes of regulation 7(2)(d), a label affixed to fertiliser sold in a packaged form is taken to contain the warning statements required by regulation 10 for that fertiliser if— (a) the fertiliser is sold before 1 October 2016; and (b) the label contains the warning statements prescribed by regulation 8 of the 2005 Regulations. 16 Advice notes for bulk fertilisers sold before 1 February 2016 For the purposes of regulation 8(3)(d), an advice note provided with fertiliser sold in an unpackaged form is taken to contain the warning statements required by regulation 10 for that fertiliser if— (a) the fertiliser is sold before 1 February 2016; and (b) the advice note contains the warning statements prescribed by regulation 8 of the 2005 Regulations. ═══════════════ -- 12 of 13 -- Endnotes Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 S.R. No. 108/2015 12 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 122/2005. -- 13 of 13 --