• Label changes for triclopyr products
• Reporting a chemical use issue
• Results from the Commercial Operators Licence (COL) Survey
• What licence or permit do I need to use chemicals?
• Reminder about using APVMA Permits
• Engaging aerial contractors

As weather conditions continue to have a big impact on increased weed growth across Victoria chemical users are urged to take care when using herbicide products.

All agricultural chemicals product labels have specific DO NOT statements that must be observed. Products with the active constituent triclopyr present as the butoxyethyl ester are no exception.

Triclopyr is a broad-spectrum herbicide for use on a wide range of both broadleaf weeds and woody weed species. Triclopyr can be included in products as either a butoxyethyl ester or a triethylamine salt.

The label instructions on products containing 600g/L of triclopyr present as the butoxyethyl ester may now contain an additional DO NOT statement. This statement reads ‘DO NOT use knapsacks or 12-volt sprayer packs to treat woody weed infestations.’

Many chemical users are unaware of these changes, or to changes that have also been made to triclopyr products containing 755g/L of triclopyr present as the butoxyethyl ester.

The label instructions on products containing 755g/L of triclopyr present as the butoxyethyl ester may now contain the following statement ‘DO NOT apply using handheld application methods.’  The label may also contain an additional statement ‘DO NOT apply using equipment carried on the back of the user.’

These statements point to an unacceptable occupational health and safety risk to users if they apply the chemical via these methods, so it is important that users comply with these statements.

It is critical for chemical users prior to using any chemical product, to thoroughly read the chemical label and if you have old chemicals, look up the most current label online.

Fines can be imposed for breaches to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 relating to using agricultural chemicals contrary to a prohibitive statement.

Agriculture Victoria strongly encourages any member of the public who has concerns about the inappropriate use of agricultural or veterinary chemicals to report their concerns. Agriculture Victoria responds to reports from the public regarding inappropriate or potentially illegal chemical supply/use. Reports are treated seriously and with a high level of respect.

Agriculture Victoria is responsible for the administration of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 (the Act) and parts of the Drugs, Poisons and Controlled Substances Act 1981. These Acts regulate the supply and use of agricultural and veterinary chemicals, stock food and fertilisers. When you make a complaint, an Authorised Officer will discuss with you the harm, impact and risks related to the complaint and what you believe has happened.

Following an initial discussion, the officer may take one or more of the following actions;

• You may be referred to another agency if your report falls outside of the scope of Agriculture Victoria’s responsibilities Details of the agencies can be found here.​​
• Where your report is within the scope of Agriculture Victoria’s responsibilities the officer may;

1. Collect samples from the area reported as affected to help determine if chemical(s) are present 
2. Speak to the person who is the subject of the report and provide them with educational material
3. Conduct an audit of the reported persons chemical use to assess their compliance with the Act 
4. Undertake a full investigation into the matter to determine if a serious offence(s) has occurred. It is important to note that some audits may lead to an investigation to determine if a serious offence(s) has occurred.

Agriculture Victoria will handle information provided in reports or gathered in audits/investigations in accordance with the Privacy and Data Protection Act 2014 (Privacy Act). Please note if there is an existing relationship between you and the person who is the subject of your report (e.g., you are neighbours) then the subject of the complaint may easily be able to establish your identity without Agriculture Victoria disclosing it.

If you have suffered loss or damage due to another person’s chemical misuse, you can contact a legal practitioner to obtain independent advice regarding alternative courses of action. Agriculture Victoria doesn’t provide any guidance on civil matters.

To report a chemical use issue please fill out the online contact form.

In August 2022, a survey of Commercial Operator Licence (COL) holders was undertaken by Agriculture Victoria. This anonymous survey of COL holders was designed to help Agriculture Victoria better understand the structure and practices of commercial spraying businesses in Victoria.

Information gathered from the survey will help Agriculture Victoria review and improve the current licence application process, licence categories and associated training requirements. The survey was emailed to the 700 COL holders who provided Agriculture Victoria their email address. At the time of the survey, there were a total of 812 current COLs. The survey was completed by 192 COL holders.

Use of general agricultural chemicals
For the purposes of COLs, ‘general agricultural chemicals’ are all agricultural chemicals other than vermin (pest animal) destroyers and fumigants.

The survey found that an average of five people per COL use general agricultural chemicals, but the median is two people per COL. The median (of two) indicates that more COL holders have a lower number of people using general agricultural chemicals than the average (of five).  A small number of businesses have many more staff using these chemicals (so pushing the average up).

Ninety-six per cent of users of general agricultural chemicals are formally trained in agricultural and veterinary (agvet) chemical use.

About half of the chemical users under COLs only use general agricultural chemicals in the following lower risk circumstances:

• application of non-schedule 7 chemicals by un-powered hand-held equipment; or
• application of home garden products in residential gardens only; or
• apply chemicals less than 12 times a year under the ‘direct supervision’ of a person who is formally trained in agvet chemical use.

Use of vermin (pest animal) destroyers
Of the businesses surveyed that use vermin (pest animal) destroyers, e.g.1080 baits, an average of 2.3 people per COL use pest animal destroyers.

However, the median is one person per COL. This indicates that even though a smaller number of COL holders have several staff using pest animal destroyers, more COL holders have just one person per COL.

In addition, the survey indicated that all users of pest animal destroyers are formally trained in general agvet chemical use. Ninety-four per cent of them also hold an agricultural chemical user permit (ACUP). About 75 per cent of people that use pest animal destroyers are formally trained in pest animal management.

Use of bird control chemicals (avicides)
Eleven (about 6 per cent) of the surveyed COL holders stated that their business undertakes bird control.

These COL holders also stated that all people using avicides containing the chemical alphachloralose or 4-amino pyridine (Scatterbird) have completed the pest animal management course and about half have completed the ‘Garrards’ bird control course.

Use of fumigants
Of the COL holders surveyed that use fumigants, an average of three people per COL use fumigants, but the median is one person per COL. This reflects that a small number of COL holders have several staff using fumigants, while for most COLs it is one person per COL.

The survey found that nearly 80 per cent of people that use fumigants are trained in the use of fumigants and about one third of people that use fumigants hold an ACUP.

A small number of the surveyed COL holders only use chemicals for fumigation of soil.

Licence application and renewal process
Survey respondents were generally positive about the licence application and renewal process stating that it is easy, with helpful staff, reasonable fees, and quick processing times.
However, some respondents stated that the licence application process should be available online.

Licence term and fees
A comment was made that the COL should have a five-year term rather than the current three years.

Several comments were made about the COL fee, including that the fee should be tiered depending on business size and the type(s) of chemicals used.

Other comments
Numerous other comments were made including the following:

Several respondents requested the COL be a plastic card rather than a paper licence.

Some commented that licensing is ‘overkill’ for commercial garden maintenance, mowing business, amenity gardening or those with only occasional use.

Some respondents were unclear on requirements when multiple people are working under a COL issued to a corporate entity.
Requests were made for more enforcement of non-compliant and unlicensed operators.

Some uncertainty was raised about off-label use requirements.

Next steps
Agriculture Victoria will use the survey results in developing a proposal to improve the licensing structure in line with national harmonisation agreements and to address some issues raised by the survey. Once this proposal is finalised, it will be provided to COL holders and other stakeholders for feedback.

Further information is available by telephoning the Customer Contact Centre on 136 186 or by visiting the Agriculture Victoria website.

If you use agricultural chemicals, you may require an Agriculture Victoria chemical use licence or permit.

For the ground-based application of pesticides, herbicides and fungicides, there are two main types of authorisations, each with a number of endorsements available. It is important to ensure that you have the correct licence or permit type applicable to you and the appropriate endorsements for the chemicals you apply.

A non-commercial capacity effectively means this the ACUP is designed to apply to most farmers and workers e.g., council workers, workers in orchards etc.

You must undertake relevant training before you can apply for and hold an ACUP. Speak to your local training provider to find out when courses are available.

A person is required to hold an ACUP to use any of the agricultural chemical products that are Schedule 7 poisons (DANGEROUS POISONS) or that contain any of the following chemicals:

• atrazine, metham sodium, or ester formulations of MCPA, 2,4-D, 2,4-DB or triclopyr
• 1080 (sodium fluoroacetate) or PAPP (4-aminopropiophenone)
• pindone concentrate (2.5% or greater) for the preparation of baits
• gaseous methyl bromide
• phosphine formulated as liquefied gas
• timber treatment copper chromium arsenic (CCA).

Exceptions
Where a 'restricted use' chemical is used, a Standard endorsed ACUP is not required by people who are operating under the direct and immediate supervision (within sight and sound) of a Standard endorsed ACUP holder.

There are five different ACUP endorsement types, depending on the agricultural chemicals you intend to use. The endorsement types are:

• Standard
• 1080 and PAPP
• Pindone concentrate
• Fumigants
• Copper chromium arsenic

All ACUPs are issued for 10 years, and no further training is required during this period to maintain the ACUP. Previous training equivalents are also accepted. Different endorsements can be combined providing the appropriate training has been successfully completed.

ACUPs can be granted to people under 18 years of age however these ACUPs do not legalise the use of Schedule 7 Dangerous Poisons.

A chemical user training course certificate or card is not an ACUP — it only qualifies the holder to apply for a Standard endorsed ACUP.

ACUPs don't authorise a person to use agricultural chemicals on another person's property, crop or commodity for a fee or reward (contractors).If you operate a business that provides ground-based agricultural chemical application services (or seed/fertiliser treatment, fumigation or vermin control) for a fee or reward using any agricultural chemical then you must hold a Commercial Operators Licence (COL).

There are four COL endorsements:

• Standard
• Vermin (pest animal) destroyers and avicides 
• Fumigants
• Copper chromium arsenic

Training requirements differ for each endorsement. As with ACUPs, a COL can combine endorsements provided the appropriate training has been completed.

If your business primarily conducts domestic or commercial pest control, then you require a Pest Control Licence issued by the Department of Health. For information, visit Department of Health or phone 1300 767 469.

Agriculture Victoria licences and permits application information is available here.

The Australian Pesticides and Veterinary Medicines Authority (APVMA) are responsible for the registration of all chemicals in Australia. When someone wishes to use a chemical not according to the exact label directions, they apply for a permit from the APVMA to modify the use of a particular chemical.

In Victoria however, you are not required to have a permit if you want to use certain chemicals in an off-label manner. Victorian chemical users can use current APVMA minor use permits to assist with off-label use decisions.

The use of an APVMA minor use permit can greatly assist a chemical user in Victoria as it provides additional instructions on how to safely use the chemical off-label. The information contained in the permit has been tested by the permit holder and if there are Maximum Residue Limits (MRLs) for chemical use patterns, they have been tested to ensure the chemical will not cause residue issues.

If a Victorian chemical user chooses to use a permit to find a solution for an issue, it is important to thoroughly read the whole permit including:

• the products to be used
• any restraints (if applicable)
• the directions for use
• the critical use comments
• withholding periods (if applicable)
• and any additional conditions.

Using a permit to guide off-label use of a chemical can help ensure the chemical is used safely.

APVMA permits are required in Victoria for certain off-label uses. Details of when an APVMA permit is required can be found at:

https://agriculture.vic.gov.au/farm-management/chemicals/offlabel-chemical-use

The APVMA permit database can be found at  https://portal.apvma.gov.au/permits

Do you have an area on your property that is difficult to spray using ground based chemical use? One option that you might consider is the use of aerial contractors to conduct spraying on your behalf.

Aerial spraying of agricultural chemicals in Victoria is regulated by Agriculture Victoria, as well as other agencies like the Civil Aviation Safety Authority (CASA).

If an aircraft is undertaking aerial spraying of agricultural chemicals in Victoria, the pilot must hold a Pilot (Chemical Rating) Licence and the business must hold an Agricultural Aircraft Operator Licence, both issued by Agriculture Victoria.

All aerial vehicles that undertake aircraft operations are regulated by CASA and must be licensed by that authority. Aerial spraying operators must also ensure they comply with any notification requirements that apply e.g. near schools, hospitals etc.

Landholders must ensure that any maps provided to aerial operators are accurate.  Maps that are inaccurate may lead the pilot to affect surrounding areas, it is an offence to provide false or misleading maps.

Interstate Pilot (Chemical Rating) Licences or equivalents from participating states and territories are valid in Victoria. Interstate pilots must comply with all applicable Victorian laws. For more information visit the automatic mutual recognition and chemical use licensing page.

The legislation governing the use of agricultural chemicals in Victoria applies to RPA users in the same way as it applies to any other aerial spraying contractor. However, additional conditions apply to licences issued by AgVic that authorise the operation and piloting of RPA for aerial spraying. RPA operators must also comply with CASA regulations.

Visit agriculture.vic.gov.au/chemicals for information about:

• rules and regulations on the use of agricultural and veterinary chemicals in Victoria
• licence and permit application forms
• agricultural chemical control areas.

For enquiries 136 186 or email chemical.standards@agriculture.vic.gov.au

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