AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 19 Off-label use of chemical products
AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 19
Off-label use of chemical productsS. 19(1) amended by No. 73/1994 s. 45(2)(a).
(1) A person must not, otherwise than in accordance with a permit issued under Schedule 1, use a chemical product, fertiliser or stock food—
(a) at a rate that is higher than the maximum application rate for that use, as stated on the label; or
(b) at intervals more frequent than the intervals for that use, as stated on the label.
Penalty: In the case of a corporation, 200 penalty units.
In any other case, 100 penalty units.
S. 19(2) amended by No. 73/1994 s. 45(2)(b).
(2) For the purposes of subsection (1)(a), "rate", in relation to an agricultural chemical product, means the quantity per unit area, or per item.
S. 19(3) amended by Nos 73/1994 s. 45(2)(c), 55/2001 s. 9(1)(a)(b).
(3) A person must not, otherwise than in accordance with a permit issued under Schedule 1, use a chemical product, fertiliser or stock food in a particular manner or for a particular purpose or in particular circumstances if the label specifically states that the chemical product, fertiliser or stock food must not be used in that particular manner or for that particular purpose or in those particular circumstances.
Penalty: In the case of a corporation, 200 penalty units.
In any other case, 100 penalty units.
S. 19(4) amended by No. 73/1994 s. 45(2)(c).
(4) A person must not use a prescribed chemical product, fertiliser or stock food otherwise than in accordance with—
(a) the instructions on the label; or
(b) a permit issued under Schedule 1.
Penalty: In the case of a corporation, 200 penalty units.
In any other case, 100 penalty units.
S. 19(5) repealed by No. 73/1994 s. 45(2)(d), new s. 19(5) inserted by No. 55/2001 s. 9(2).
(5) A person must only use a prescribed chemical product, fertiliser or stock food or a chemical product, fertiliser or stock food that contains a prescribed constituent in a particular manner or for particular purposes or in particular circumstances if the label for that chemical product, fertiliser or stock food contains a statement prescribed by the regulations specifying or indicating that the chemical product, fertiliser or stock food must only be used in that manner or for those purposes or in those circumstances, unless otherwise authorised by a permit under Schedule 1.
Penalty: In the case of a corporation, 200 penalty units.
In any other case, 100 penalty units.
S. 19(6) amended by Nos 73/1994 s. 45(2)(e), 33/2000 s. 6(a), 55/2001 s. 9(3).
(6) A person must not sell, within the relevant withholding period stated on the label of a chemical product or stock food, any agricultural produce or stock to which the chemical product has been applied, any agricultural produce obtained from stock to which the chemical product has been applied or any stock that has consumed the stock food unless the seller has notified the buyer that the period has not expired.
Penalty: In the case of a corporation, 200 penalty units.
In any other case, 100 penalty units.
S. 19(7) inserted by No. 55/2001 s. 9(4).
(7) A person must not sell stock or agricultural produce obtained from stock that the seller knows or reasonably ought to know has—
(a) entered on land where an agricultural chemical product has been applied to that land or any plant on that land; or
S. 19(7)(b) amended by No. 29/2012 s. 3(a).
(b) grazed any plant on that land; or
S. 19(7)(c) inserted by No. 29/2012 s. 3(b).
(c) consumed agricultural produce derived from any plant or animal to which an agricultural chemical product has been applied if—
(i) in the case of agricultural produce derived from a plant, the agricultural produce was harvested from the plant; or
(ii) in the case of agricultural produce obtained from an animal, the agricultural produce was obtained from the animal—
within the relevant withholding period stated on the label of the chemical product unless the seller has notified the buyer of that stock or agricultural produce in writing that the period has not expired.
Penalty: In the case of a corporation, 200 penalty units.
In any other case, 100 penalty units.
S. 19(8) inserted by No. 55/2001 s. 9(4).
(8) A person must not sell stock food or agricultural produce derived from any plant or animal if the person knows or reasonably ought to know that the plant or animal—
(a) has had a chemical product applied to it; and
(b) in the case of stock food or agricultural produce derived from a plant, the stock food or agricultural produce was harvested from the plant before the relevant withholding period stated on the label of the chemical product had expired; and
(c) in the case of stock food or agricultural produce obtained from an animal, the stock food or agricultural produce was obtained from the animal before the relevant withholding period stated on the label of the chemical product had expired—
unless the seller has notified the buyer of the stock food or agricultural produce in writing that the withholding period had not expired before the stock food or agricultural produce was harvested or obtained.
Penalty: In the case of a corporation, 200 penalty units.
In any other case, 100 penalty units.
S. 19(9) inserted by No. 55/2001 s. 9(4).
(9) In subsections (6), (7) and (8) "agricultural produce" includes wool.
S. 19(10) inserted by No. 22/2022 s. 26.
(10) If there is an approved label for a chemical product at the time of use, a reference in this section to the label is a reference to the approved label for the chemical product at that time (whether or not the approved label is marked on or attached to the package of the chemical product), unless—
(a) the chemical product is used in accordance with written instructions issued by a veterinary practitioner in the course of veterinary practice; or
(b) the chemical product is a prescribed chemical product or is used in prescribed circumstances or both.
Note to s. 19 inserted by No. 13/2013 s. 5(4).
Note
Section 72B applies to an offence against subsection (1), (3), (4), (5), (6), (7) or (8).
S. 20 repealed by No. 73/1994
s. 45(3),
new s.
20
inserted by No. 33/2000 s. 4.