Agricultural and Veterinary Chemicals Code Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 75
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Agricultural and Veterinary Chemicals Code Act 1994.
Dated 6 May 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
TONY BURKE
Minister for Agriculture, Fisheries and Forestry
1              Name of Regulations
                These Regulations are the Agricultural and Veterinary Chemicals Code Amendment Regulations 2010 (No. 1).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Agricultural and Veterinary Chemicals Code Regulations 1995
                Schedule 1 amends the Agricultural and Veterinary Chemicals Code Regulations 1995.
Schedule 1        Amendments
(regulation 3)
 
[1]           Subregulation 3 (1), definitions of direct-fed microbial product, medicated block or lick, medicated premix, medicated stockfood and stockfood non-active constituent
omit
[2]           Regulations 7 and 8
substitute
7              Definition of agricultural chemical product — section 4 of the Code
         (1)   For subsection 4 (3) of the Code, a substance or mixture of substances included in a class of substances or mixtures of substances listed in Part 2 of Schedule 3 is declared to be an agricultural chemical product.
         (2)   For paragraph 4 (4) (b) of the Code, a substance or mixture of substances included in a class of substances or mixtures of substances listed in Part 3 of Schedule 3 is declared not to be an agricultural chemical product.
8              Definition of veterinary chemical product — section 5 of the Code
         (1)   For paragraph 5 (3) (b) of the Code, a substance or mixture of substances included in a class of substances or mixtures of substances listed in Part 2 of Schedule 3AA is declared to be a veterinary chemical product.
         (2)   For paragraph 5 (4) (b) of the Code, a substance or mixture of substances included in a class of substances or mixtures of substances listed in Part 3 of Schedule 3AA is declared not to be a veterinary chemical product.
[3]           Subregulation 72A (3), note
omit
and regulation 8.
insert
regulation 8 and Schedule 3AA.
[4]           Schedule 3
substitute
Schedule 3        Definition of agricultural chemical product
(regulation 7)
Part 1          Preliminary
Note   This Part is reserved for future use.
Part 2          Substances or mixtures declared to be agricultural chemical products
Item
Class of substance or mixture of substances

1
Dairy cleansers for on-farm use

2
Any substance used in conjunction with an agricultural chemical product to identify areas treated with that product

3
Insect repellents for use on human beings

4
Sanitisers for use in swimming pool or spa water, including chlorine‑based swimming pool and spa products

5
Any biocidal substance contained or used in a device for the sanitising of swimming pool or spa water

Part 3          Substances or mixtures declared not to be agricultural chemical products
Item
Class of substance or mixture of substances

1
Any mould inhibitor for use in the manufacture of paper, paper pulp, glue, plywood, carpets, plastics, glass, fabrics, domestic items, bedding material, leather goods or surface coatings (including paint but excluding antifouling paint), if:
   (a)  the mould inhibitor is incorporated into the product during manufacture for the protection of the goods; and
   (b)  the mould inhibitor is not released into the environment from the manufactured product; and
   (c)  the manufactured product is not claimed to have any effect as a pesticide

2
Any fungicide, bactericide or deodorant for use in footwear and clothing

3
Any soil ameliorant, conditioner or fertiliser applied to soil or other growing media if the product is not claimed to have any effect as a regulator of plant growth

4
Invertebrate pest management lures based on food and not containing any active constituent

5
Vertebrate pest management lures

6
Any disinfectant, mould inhibitor, air freshener or sanitiser sold by retailers, or presented or promoted primarily through retailers, to consumers for domestic use, except any sanitiser for use in swimming pool or spa water

7
Cyanuric acid for use in swimming pools as a chlorine stabiliser

8
Cut flower preservatives

9
Any hay inoculant, silage inoculant or legume inoculant, if the product is based on bacteria, enzymes or both

10
Any predatory insect, predatory mite or macroscopic parasite

11
The nematode Deladenus siricidicola for the control of Sirex species wood wasps in pine plantations

12
Any industrial biocide used in the manufacture of paper pulp

13
Head lice or body lice treatments for human beings

14
Substances that present a physical barrier to a pest that:
   (a)  do not contain a biocide; and
   (b)  do not otherwise affect the pest; and
   (c)  are not released into the environment

15
Products (such as soils and potting mixtures) that contain naturally occurring Trichoderma species, if the product:
   (a)  does not control or claim to control specific diseases; and
   (b)  does not claim to promote plant growth; and
   (c)  is not otherwise represented, supplied or used as an agricultural chemical product

16
Substances used to adjust the pH of swimming pool or spa water

17
Ozone generated on site for treatment of swimming pool or spa water

18
Hot water and steam treatments solely based on water and not containing other constituents

Schedule 3AA   Definition of veterinary chemical product
(regulation 8)
Part 1          Preliminary
1              Definitions
                In this Schedule:
direct-fed microbial product means a chemical product that:
                (a)    contains viable micro‑organisms; and
               (b)    is intended for oral administration to animals.
medicated block or lick means a block or lick incorporating a veterinary chemical product.
medicated premix means a premix that incorporates one or more veterinary chemical products for the purpose of:
                (a)    preventing or treating disease; or
               (b)    enhancing growth, production, work or performance; or
                (c)    altering reproductive physiology.
medicated stockfood means a ready‑to‑use stockfood that incorporates one or more veterinary chemical products for the purpose of:
                (a)    preventing or treating disease; or
               (b)    enhancing growth, production, work or performance; or
                (c)    altering reproductive physiology.
stockfood non‑active constituent means any organic acid, antioxidant, pellet binding product, mould inhibitor, preservative, feed handling improver, colouring agent, anticaking agent, deodorising agent or other substance or mixture of substances intended to be added to stockfood for continuous, long‑term administration to animals for a purpose other than:
                (a)    preventing or treating disease; or
               (b)    enhancing growth, production, work or performance; or
                (c)    altering reproductive physiology.
Note   Several other words and expressions used in this Schedule have the meaning given by regulation 3. For example:
·          block or lick
·          premix
·          stockfood
·          stockfood supplement.
2              Power to make orders
                Section 7 of the Act applies to the prescription of stockfood non‑active constituents excluded from the class described in item 4 of Part 2 of this Schedule.
3              Meaning of daily requirement
                For item 3 of Part 3 of this Schedule, the daily requirement of a vitamin, mineral or amino acid is the amount of the vitamin, mineral or amino acid specified as the daily requirement by:
                (a)    if the species is a dog, cat or horse — the National Research Council of the National Academy of Sciences (United States of America); or
               (b)    if the species is a ruminant — Nutrient Requirements of Domesticated Ruminants published by CSIRO in 2007; or
                (c)    if the species is a pig — the standard Feeding Standards for Australian Livestock: Pigs published by CSIRO in 1987; or
               (d)    if the species is poultry — the standard Feeding Standards for Australian Livestock: Poultry published by CSIRO in 1987.
Part 2          Substances or mixtures declared to be veterinary chemical products
Item
Class of substance or mixture of substances

1
Allergenic substances supplied or used for administration to an animal by any means, or for consumption by an animal

2
Medicated blocks or licks

3
Enzymes supplied or used for administration to an animal by any means, or for consumption by an animal

4
Stockfood non-active constituents, except stockfood non-active constituents excluded from this class by an order under section 7 of the Act

5
Direct-fed microbial products

6
Sheep branding substances

7
Teat sealants

Part 3          Substances or mixtures declared not to be veterinary chemical products
Item
Class of substance or mixture of substances

1
Stockfoods that are not medicated stockfoods

2
Medicated stockfoods and medicated premixes, if:
   (a)  any veterinary chemical product that is incorporated in the medicated stockfood or medicated premix:
         (i)   is a registered chemical product; and
        (ii)   is incorporated at a rate of use in accordance with the approved label for containers for that registered chemical product; and
   (b)  the container for the medicated stockfood or medicated premix is labelled in accordance with the instructions on the approved label for that registered chemical product

3
Blocks and licks (other than medicated blocks and licks), premixes and stockfood supplements, if:
   (a)  the only claim on the label of the product consists of the words ‘to supplement diets where levels may be low’, or words to that effect; and
   (b)  for any vitamin, mineral or amino acid listed on the label, the product incorporates not less than 25% of the daily requirement of that vitamin, mineral or amino acid for the species for which the product is intended

4
Colour intensifiers for aviary birds

Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.