• Meet Agriculture Victoria's new Chemical Officers 
• Off-label use of 'restricted use' chemicals in specified low-risk circumstances
• Flower farm manager fined for chemical misuse
• Tips to minimise off-target spray drift
• Notifying neighbours about spraying
• Find out more about chemical use in Victoria

A change in legislation that was introduced on 27 January 2022, now allows for off-label use of ‘restricted use’ chemicals in specified low-risk circumstances. The changes made under the Agricultural and Veterinary Chemical (Control of Use) Act means that Victoria now aligns with a national agreement for off-label use, providing improved flexibility for chemical users.

‘Restricted use’ chemicals are agricultural chemicals that are Schedule 7 Poisons, contain atrazine, metham sodium, or are ester formulations of 2,4-D, 2,4-DB, MCPA and triclopyr. Prior to this legislative change, the off-label use of these chemicals was prohibited in all circumstances unless authorised via a permit from the Australian Pesticides and Veterinary Medicines Authority (APVMA).

This change allows for the off-label use of ‘restricted use’ chemicals in the following low-risk circumstances:

• use at a lower application rate, lower concentration or lesser frequency than the label specifies for that use
• use for the control of a pest that is different from the pest stated on the approved label
• mixing with another registered agricultural chemical product
• use in accordance with an on-label use pattern that is approved for two or more other states or territories on the label.

The above does not apply to chemicals used for:

• pest animal control, or
• if a product label includes critical comments or restraints in relation to a geographical location, timing or other restrictions that would prohibit its use in Victoria.

As an example, a person who has been using a ‘restricted use’ herbicide approved to control blackberry in agricultural non-crop areas, may now use the same chemical to control other types of weeds in the same situation, without the need for an APVMA permit. Alternatively, a person may use the same chemical at a lower application rate or frequency to control the same pest. However, a person must not use a ‘restricted use’ chemical on in a crop or in a situation that is different to that stated on the label, or contrary to any other label prohibitions.

Chemical users are strongly encouraged to do their research if planning ‘restricted chemicals’ off-label use. The off-label use of chemicals is not recommended by Agriculture Victoria and is not included within a manufacture’s warranties.

All aspects of off-label use are the responsibility of the chemical user. Chemical users should refer to industry resistance management and industry stewardship strategies when using chemical products especially at lower application rates and frequencies than stated on a product label.

Further information about 'restricted use' chemicals is available on the Agriculture Victoria website.

A Torquay commercial flower farm manager has been fined for misusing agricultural chemicals. 

The farm manager was found guilty and fined a total of $75,000 without conviction for charges brought by both the Environment Protection Authority Victoria (EPA) and Agriculture Victoria.

The incident which took place in June 2020, prompted an inter-agency investigation involving Agriculture Victoria, EPA Victoria, Work Safe, Department of Human Health Services and Surf Coast Shire.

The incident resulted in four people being hospitalised. Several people also reported experiencing symptoms such as burning eyes, vision impairment, headaches, nausea, vomiting and skin irritation to the chemical exposure.

The chemical used was a soil fumigant that contained metham sodium, a Schedule 6 Poison. Metham sodium is commonly used and effective in managing problematic soil pests and diseases.

Metham sodium is classified as ‘restricted use’ chemical and at the time of the use, was required to be used strictly in accordance with label directions. 'Restricted use' chemicals can only be used by authorised people who hold an endorsed Agricultural Chemical Users Permit (ACUP).

Restrictions are placed on these chemicals because they require caution and proper handling, due to the potential and higher risk of negatively affecting public health and the environment.

The chemical user was authorised to use the restricted use chemical but didn’t comply and follow specific label instructions as required under the Agriculture and Veterinary Chemicals (Control of Use Act) 1992.

Agriculture Victoria strongly emphasises the importance of proper use of agricultural chemicals and the need to follow label directions and regulations that are in place to minimise the potential risks.

Agriculture Victoria encourages the public to report any concerns regarding the misuse of any agricultural or veterinary chemical to the Customer Service Centre on 136 186 or online at report a chemical use issue.

A combination of factors can contribute to spray drift, including the volatility of the chemical, weather conditions, equipment and droplet size.

Here are some handy tips to help chemical users minimise off-target spray drift:

• Always read and follow the product label directions, including any restrictions such as those included under the heading ‘Spray Drift Restraints’. Spray drift restraints commonly include directions on weather conditions, droplet size, equipment and mandatory buffer zones to help users manage drift.
• Before you start, check that the weather conditions are suitable for spraying such as wind speeds between 3 to 15 kilometres per hour; blowing away from sensitive crops and areas; a Delta T between 2 and 8; and no inversion layer present.
• If the weather is unstable or unpredictable, don't spray. Continue to monitor weather conditions while spraying and stop spraying if it turns unfavourable.
• Use the largest droplet size you can without compromising efficacy. Larger droplets are less susceptible to drift.
• Choose a chemical formulation that is less likely to drift off-target (use amine formulations of 2,4-D instead of high volatile ester formulations).
• Check for susceptible plants, animals and areas (e.g. streams, bee hives) close to the target area and put strategies in place to protect them from drift. Use a buffer zone or leave an unsprayed buffer next to a susceptible crop.
• Discuss your spray plans with neighbouring properties, particularly if you plan to spray near a sensitive crop or area. This provides them with the opportunity to implement protective measures on their property if needed and can help avoid complaints later.
• Ensure your equipment is set up and calibrated correctly.

Good communication with your neighbours is important when planning to undertake aerial spraying. Providing information about your spraying plans can prevent misunderstandings and potential problems. 

Good agricultural practice includes communication as part of your risk assessment for the task. Provide open communication about what will happen and what your neighbour is likely to notice when spraying occurs. 

Notification is legally required when chemicals are sprayed by aircraft or a mister within 200 metres of a school, hospital, aged care facility or children’s service. The definition of a mister includes orchard sprayers, air blast sprayers or any other spraying equipment that produces a droplet spectrum that is classified as fine to very fine under ASAE S572.1.

The occupier of the land must inform school principals and/or the responsible site manager in writing, at least 12 hours before spraying, of the following:

• agricultural chemical product to be used
• location of the proposed spraying
• proposed date, time and duration of spraying.

The occupier of the land must also advise the pilot if any schools, hospitals, aged care facilities or children’s services are located within 200 metres of the target area. Talk to all neighbours, including public land managers prior to aerial spraying, particularly if spraying near a different crop type, livestock, native vegetation, aquatic area or house.

In many situations, notification of spraying is not a legal requirement, however it is certainly recognised as best practice and should be encouraged. Remember, good communication with neighbours before spraying may help to prevent headaches for both parties at a later date.

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 general enquiries, phone 136 186 or email chemical.standards@agriculture.vic.gov.au.

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