Northern Territory Second Reading Speeches

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AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) BILL 2004

Bill presented and read a first time.

Mr VATSKALIS (Primary Industry and Fisheries): Madam Speaker, I move that the bill be now read a second time.

As we are all aware, Australian agriculture has experienced remarkable growth over the last 50 years. During this period, the use of agricultural and veterinary chemical products has increased significantly. The benefits gained from the use of these products include major increases in agricultural production and produce quality. Chemical products also pay an important role in public health and environmental protection. Misuse of these products carries a potential risk to people’s health, the environment, animal welfare and trade. There is increasing consumer awareness, both in Australia and amongst our export partners, of the potential risks posed by agricultural and veterinary chemicals, both from an environmental point of view and from the perspective of unacceptable chemical residues in agricultural produce. Market access will increasingly rely on the certainty that the Territory’s produce is clean and green.

The Australian Pesticides and Veterinary Medicines Authority administers the Agvet Code Act on behalf of the states and territories, and is responsible for the registration of agriculture and veterinary chemical products to the point of sale in Australia. It is a state and territory responsibility to control their use.

The purpose of this bill is to provide controls over possession, sale and use of agricultural and veterinary chemical products, the manufacture, sale and use of fertiliser and stock foods to manage the risk to people, the environment and animals, to protect export markets and to ensure sustainable agriculture.

While this legislation will serve to protect and assist our primary industries, its stakeholders are all Territorians. Currently, Territory legislation provides for limited control over the use of pesticides, minimum control over the use of veterinary medicines, and no control over fertilisers and stock foods. This bill will replace a small part of the Poisons and Dangerous Drugs Act, administered by the Department of Health and Community Services, that currently serves to control the use of pesticides. This bill will provide a one-stop shop for the regulation of agriculture and veterinary chemical products, fertilisers and stock food within the Department of Business, Industry and Resource Development.

It is important to remember that we are one nation and that, whenever possible, legislation should be harmonised between states, not only for the convenience of our citizens, but also because our trading partners see as one nation. Consequently, the proposed bill seeks to promote harmonisation of legislation within Australia and adopts, with some minor variations, nationally agreed principles for control of use of agricultural and veterinary chemicals and agreed maximum levels of heavy metal impurities in fertilisers.

It is important that the governance of agricultural and veterinary chemicals is as seamless as practicable and, hence, this bill uses definitions that are consistent with those in the Agvet Code. Similarly, the regulation and the use of agricultural and veterinary chemical products should be consistent with the Australian Pesticides and Veterinary Medicines Authority risk management process. The bill, therefore, proposes a use regime that is based on the direction of the registered product label, which encapsulate the Australian Pesticides and Veterinary Medicines Authority risk management outcomes. As well, the bill is in accord with agreed national principles for control of use. Wherever possible, the provisions of the bill complement those of the Agvet Code in order to facilitate implementation of Australian Pesticides and Veterinary Medicines Authority decisions.

The bill provides general provisions that include a general duty of care (Part 2), and provisions in relation to agricultural and veterinary chemical products including control of container type, reading the label, making records of use, reuse of containers, disposal of empty containers, and use of the product (Part 3). The definition of an agricultural chemical product takes in a wide range of products including insecticides, fungicides, herbicides, growth regulators, and swimming pool disinfectants including both commercial and domestic products. Naturally, the bill would be administered on a risk basis and, unless extraordinary circumstances arise, would concentrate on the commercial use of these products.

The cornerstone of the safe use of an agricultural chemical product is the product label. An agricultural chemical product must be used according to the label instruction or in accord with a permit issued by the Australian Pesticides and Veterinary Medicines Authority. Currently, low risk uses are not offences under the bill; for example, it is not an offence to use the product to control another pest that is not on the product label provided that other label conditions are adhered to. The national registration scheme is a complex world class scheme but it is not without some problems and, in some instances, the legal off-label use provisions of the bill will provide growers with some flexibility without unacceptable risk.

The definition of veterinary chemical products takes in a wide range of products, including ectoparasiticides, anthelmintics, antibiotics, hormonal growth promotants, vitamins, and mineral substance or additives that make a claim to alleviate or cure a condition. The definition includes products designed for animals of a food-producing species, as well as non-food-producing species including companion animals (Part 3, Division 4). The proposed bill regulates the use of veterinary chemical products consistent with nationally agreed principles. Again, legal use of a registered veterinary chemical product is based on product label instructions. A non-veterinarian must use a registered veterinary chemical product in accord with the registered label instructions, the written instructions of a veterinarian, or the instruction of a relevant Australian Pesticides and Veterinary Medicines Authority permit.

Because of their training, a vet has a right to prescribe; that is, to use a veterinary chemical product contrary to label instructions. The bill regulates a vet’s right to prescribe by restricting use of high risk areas, particularly in relation to use on animals of a food-producing species. Hence, unless authorised by an Australian Pesticides and Veterinary Medicines Authority permit, a vet cannot use, prescribe or recommend use of:

· Registered veterinary chemical products on an animal of a food-producing species contrary to a label restraint. Restraints are situations where use of product has absolute limitations because of chemical residues, antibiotics resistance or environmental issues.

· Registered veterinary chemical products on an animal of a major food-producing species contrary to the label instruction, unless the product is already registered on an animal of a major food-producing species.

· Registered human pharmaceuticals unregistered veterinary chemical products, or agricultural chemical products on an animal of a food-producing species.

As well, the legislation places some restrictions on a vet’s right to prescribe, supply use or recommend the use of an unregistered veterinary chemical product, including one formulation by the vet or a registered human pharmaceutical on an animal that is not a food-producing species.

Communication is of paramount importance in the transmission of instructions and information. The bill defines the information and the manner of its provision in certain high risk situations, including when:

· a vet supplies, prescribes or recommends either the use of a registered vet chemical product contrary to label instruction or a product that is not registered; · a vet administers a vet chemical product, to put to use on an animal; · a person sells medicated stock food; or · a person offers an animal of a food producing species for sale that has been treated with a vet chemical product and the withholding period has not expired.

There also requirements for identification for animals of a food producing species that have been treated with a vet chemical product. For example, anyone treating an animal of a food producing species belonging to another person must ensure that the animal is sufficiently identified.

Madam Speaker, to continue with veterinary chemical products we are all aware of the increasing problem caused to society by the illegal use of anabolic steroids. This bill will ensure that the use of injectable anabolic steroids is strongly controlled – Part 3, Division 5. The proposed legislation requires that an injectable anabolic steroid can only be administered by a vet or by a person in the presence of a vet. Additional securities provided with the requirements that vets make and keep records of use, secure storage requirements, controls over disposal, and obligation to report losses about a set volume in a period time.

Access to unregistered products: products designated as a strictly chemical product by the Australian Pesticides and Veterinary Medicines Authority, and S7 dangerous poisons, are restricted - Part 3, Division 6.

Possession of an unregistered chemical product is illegal other than defined circumstances including an authorisation under the Australian Pesticides and Veterinary Medicines Authority permit. The strict control of access to S7 dangerous poisons will be maintained. S7 chemical products require an authorisation issued by the chemical coordinator. Authorisation will be competency and needs based. Access to restricted chemical products will be confined to those persons authorised under the regulation to the bill consistent with a registered label.

Madam Speaker, there are a range of significant protective measures conferred on the minister in Part 4. The minister may after consultation with the minister primarily responsible for health or environment, as the case may be, prohibit the manufacture, possession, sale or use of a chemical product, fertiliser or stockfood if it is necessary to protect the health of the general public, the environment or trade. The minister may direct a product to be recalled in these circumstances. As well, the minister after receiving advice can direct a person to deal with a chemical product, fertiliser, stock food or agricultural produce that contains or is likely to contain a substance at a concentration above that set by regulation or that poses a risk to health or trade. Reasonable costs of sampling and analysis may be recovered from the manufacturer of the fertiliser, the seller of the stockfood or the grower of the agricultural produce as the case may be. However, costs cannot be recovered if use of the substance was authorised under Territory legislation or the contamination was the result of an action that the person could not reasonably known about. A person affected by such a decision under clause 56 may apply to the chemical coordinator for compensation – clause 123.

There is no intention to duplicate legislation administered by other government agencies. Currently, there are powers to manage spray drift that adversely affects persons or the environment under legislation administered by WorkSafe and the Department of Infrastructure, Planning and Environment. This bill creates an offence to either cause direct damage to horticultural produce or contaminate agricultural produce such that the produce exceeds the standard established under the Regulations – Part 5. Under this legislation, the licensing of horticultural ground spray applicators and spray pilots, part 5, will transfer from the Department of Health and Community Services to the Department of Business, Industry and Resource Development. Consistent with national undertakings, businesses involved in professional spraying for fee or reward will be licensed. A single licence covers the owner/operator. A professional ground sprayer applicator includes:

· a person who be employed of the ground spraying business licensee;

· a person who carries out spraying on behalf of public authorities; and

· a person that uses an agricultural chemical product to treat turf on a sporting ground or recreational area.

The minister has some further powers under this legislation. He may, if he is satisfied that it is necessary to protect the human health, the environment, or specified plants or animals, or to facilitate their trade, declare a chemical control area in which the use of chemical products is restricted - Part 6, chemical controls. A procedure for public consultation is laid down.

The minister is also empowered to give a direction to alleviate the risk of contamination of horticultural produce that is grown on contaminated land - Part 7. If necessary, the minister can order the preparation of a remedial plan in cooperation with the grower. Such an action is subject to cost recovery conditions previously described. Any person affected by such a decision can apply to the Chemicals Coordinator for compensation.

The minister made declare an agricultural emergency if extraordinary measures were necessary to protect industry and authorised counter-measures that otherwise would be an offence against the act, Part 8. The minister must appoint a Chemical Coordinator to administer the act. The Chemicals Coordinator can appoint chemical advisors for the act. Their role will be to education and collaborate with the community to achieve the aims of the legislation. One of the best measures for compliance with control of use legislation is the status of chemical residues in agricultural produce.

The current Department of Business, Industry and Resource Development program relies on growers’ good will, and does not have a legislative basis. Under this legislation, chemical advisors will conduct an enhanced chemical residue monitoring program that can be enforced if necessary. They have all the necessary powers for enforcement. Importantly, too, the minister has the ability to draw advice from the community. He may establish an advisory committee to inquire into any matters relating to the use of chemical products, the manufacture, sale and use of fertilisers or stock foods, the management of contaminated land or contaminated agricultural produce or the administration of the act generally, Part 9.

Membership will consist of the Chief Executive Officers of agencies primarily responsible for health, environment and business and trade or their delegates, depending on the issue and any other expert that the minister sees as appropriate. The minister may publish the terms of reference in the newspaper and invite submissions. The advisory committee’s report must be tabled before the Legislative Assembly within six sitting days of receipt.

A schedule of reviewable decisions, appealable to the Local Court, is provided in Part 11. The decision maker of a reviewable decision must provide the affected person with certain information, including the reason for the decision and that the decision is appealable. As well, persons administering the legislation are governed by a confidentiality provision.

The minister may declare a code of practice under Part 12. The contravention of a code does not in itself constitute an offence. Before approving a code of practice, the minister must give notice of the code and invite comments within the time and in a manner that the minister determines as appropriate.

The minister may make regulations to the bill that are necessary or convenient to give effect to the bill including:

· standards for chemical products, fertilisers or stock foods;

· competency standards for handling chemical products;

· standards for the concentration of substances in agricultural produce, fertilisers or stock foods;

· standards for sampling and analysis and laboratory accreditation;

· records of use or sale of chemical products, fertilisers or stock foods.

The bill contains the necessary transitional provisions for those persons who currently hold S7 authorisation under the provisions of the Poisons and Dangerous Drugs Act or possess a horticultural licence to apply chemical products including pilots under Part 13. The bill contains consequential amendments to the Poisons and Dangerous Drugs Act under Part 14.

There are currently concerns, originating on the eastern seaboard, about the use of industrial wastes as fertilisers. This bill introduces a nationally agreed definition of fertilisers and agreed standards for maximum levels of cadmium, lead and mercury contaminants.

Standards that relate to other contaminants and label requirements to manage risks of use will be incorporated into the regulations to the bill when a national working party finishes deliberations. The bill incorporates a requirement for persons who manufacture or import fertilisers to take all measures that they are reasonable and practical to ensure that the fertiliser does not contain an impurity at a concentration greater than that set by the regulations. The legislation also provides a framework to manage risks that could be caused by contaminated stock food.

The bill contains penalties similar to those in the states. The highest penalty is 500 penalty units for importation or manufacture of contaminated fertiliser. The bill contains Infringement Notices for ease of administration.

The bill also contains a framework on which standards for and controls over stock foods can be implemented should the occasion arise.

In summary, Madam Speaker, this proposal regulates the use of chemical products, fertilisers and stock foods, and seeks to provide an essential contribution to sustainable agriculture in the Northern Territory. I commend the bill to honourable members.

Debate adjourned.

 

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