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Agricultural Chemicals, Farmers, and the Law in NSW

Hugh Fisher

Inspector, Pesticides Act

Introduction

Now in force in NSW is the Pesticides Act (1978). Its stated objective is to control the sale, supply, use and possession of pesticides and to prevent certain foodstuffs with unacceptable pesticide residues from becoming available for consumption. The Act replaces legislation that was inadequate to cope with the massive increase in the use of agricultural chemicals and the changing technology in agriculture.

Most of the substances known collectively as pesticides can harm man, both in the formulated form, and as deposited residues (above statutory limits) in the crops they are designed to protect. Pesticides misused can also damage the environment.

The new Act has legally defined “pesticide” to include such things as plant growth regulators, repellents, lures, algacides, and other things not previously defined as pesticides.

Registration

Prior to being sold and used, a pesticide must be registered. As well as the chemical itself being registered, the label and the container must be registered also.

A company wishing to market a product in Australia must go through the following procedure (tabled below) prior to registration and sale in NSW.

The Steps Involved in Registration of a Chemical

The development and registration of a new chemical for the world market may take 10 years and can cost up to $30 million. The process starts with laboratory screening of potential actives followed by field trials. More extensive field trials are conducted locally and the manufacturer then seeks local registration, then follows limited or full—scale marketing.

The data required for registration includes toxicity to humans wild life and the environment, all aspects of human health and environmental safety. Efficacy is considered after human health and environmental safety.

Federal Bodies

State Bodies

State authorities (Departments of Agriculture) are vested with the power to register products. They will only register when a product has a T.C,A,C. clearance or T.G.A.C. states a clearance is not necessary.

If a product does not require T.C,A.C. clearance, the Department of Agriculture considers all points covered by T,C.A.C. and P.A,C.(S) C, They can refer to the State Health Department and other expert bodies or persons.

N.H. & N.R.C. = National Health & Medical Research Council

T.C.A.C. = Technical Committee on Agricultural Chemicals

P.A,C.(S) C. = Pesticides and Agricultural Chemicals (Standing) Committee

The Act requires that the user of a pesticide adhere to label instructions as per type of crop, target species of insect/weed/disease to be controlled and rates of usage, frequency of application and withholding periods.

There are many cases where a user, or group of users, wishes to use a chemical outside label directions. These cases mainly fall into the following categories:

State Bodies

State authorities (Departments of Agriculture) are vested with the power to register products. They will only register when a product has a T.C,A,C. clearance or T.C.A.C. states a clearance is not necessary.

If a product does not require T.C,A.C. clearance, the Department of Agriculture considers all points covered by T,C.A.C. and P.A,C.(S) C, They can refer to the State Health Department and other expert bodies or persons.

N.H. & M,R.C. = National Health & Medical Research Council

T.C.A.C. = Technical Committee on Agricultural Chemicals

P.A,C.(S) C. = Pesticides and Agricultural Chemicals (Standing) Committee

The Act requires that the user of a pesticide adhere to label instructions as per type of crop, target species of insect! weed/disease to be controlled and rates of usage, frequency of application and withholding periods.

There are many cases where a user, or group of users, wishes to use a chemical outside label directions. These cases mainly fall into the following categories:

(1) A “minor” crop where no registered product is available to control the pest,

(2) An outbreak of an exotic pest or disease for which there are no currently registered pesticides.

A permit (or order) can be issued giving permission to use the pesticide in question for the purpose not included on the label. The permit system cannot be used as an alternative to the registration procedure.

However, "minor crop uses”, that is, where a very small quantity of pesticide sales exist, do not justify companies undertaking the significant research work and large expenditures necessary to generate registration data. So that these growers are not disadvantaged by the lack of a registered crop protectant, a permit or order can be issued. It should be noted that, in using a permit, the following points are observed:

(1) The manufacturing company producing the product is consulted on all aspects of the intended use.

(2) Health authorities may be consulted, particularly with regard to the maximum residue limits of the pesticide applicable in that crop. If no maximum residue limit has been assigned, then this matter may have to be taken before P,A,C.(S).G. first.

(3) Department of Agriculture crop experts and entomologists may be consulted regarding efficacy and phytotoxicity.

(4) If all of these criteria can be met, then the Registrar may proceed and issue either a permit, or an order allowing the special use to take place.

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