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National Scheme for the assessment, registration and control-of-use of agricultural and veterinary chemicals – COAG Decision Regulation Impact Statement – Standing Council on Primary Industries

On 3 May 2013, the Standing Council on Primary Industries (SCOPI) announced a decision on reforms to the single national regulatory framework for agricultural and veterinary chemicals (AgVet chemicals). These reforms seek to harmonise the assessment, registration and the control-of-use elements. (Control-of-use refers to the regulation of AgVet chemical use after the point of retail sale that is regulated at the jurisdictional level.) The national scheme addresses the issues that have arisen from the highly fragmented control-of-use systems of the states and territories. These include the uncoordinated risk management of AgVet chemicals, inconsistent regulation of user access to chemicals and unnecessary regulatory burden as a result of duplication. As outlined in the Decision Regulation Impact Statement (RIS), the agreed national scheme will harmonise minimum licensing and training requirements for businesses and individuals, chemical usage record keeping requirements and veterinary prescribing and compounding rights. The national scheme will also be supported by a nationally coordinated produce monitoring system that will monitor the level of chemical residue on produce. SCOPI considered the Decision RIS model outlining allowable variations to approved uses (also known as off-label use) and agreed to a less extensively harmonised model than described in the Decision RIS. Chemical users will be allowed to apply any registered chemical to an approved crop - for pests other than those stated on the label/permit, at a lower application rate, with lesser frequency or mixed with another agricultural product unless such practices are specifically prohibited on the label/permit. The national scheme will harmonise these elements of jurisdictions’ control-of-use legislation, while continuing to allow variations to use provisions necessary to respond to regional needs. The impacts of the scheme are expected to be positive overall and vary by jurisdiction. The impact on industry is expected to be a reduction in costs, especially where businesses operate across jurisdictional boundaries. It is also expected that there will be better coordination between jurisdictions in regards to control‑of‑use policy issues and an increased evidence base for ongoing improvements to the scheme. The new scheme is generally supported by industry and will be implemented in a staged approach. The Decision RIS was prepared by a subcommittee of SCOPI and assessed as adequate by the Office of Best Practice Regulation.