In Australia, the use of agricultural chemicals in home lawn care is common, but few people understand their legal obligations or the risks of “going off label.”

The Role of the APVMA

The Australian Pesticides and Veterinary Medicines Authority (APVMA) is the national regulator for agricultural and veterinary chemicals. Under the Agricultural and Veterinary Chemicals Code Act 1994, often called the Agvet Code, the APVMA oversees the approval, control, and registration of these chemicals to ensure safe and compliant use.

Applicable Legislation

The use of agricultural chemicals in Australia is governed by several key legislative frameworks, designed to ensure safety and environmental protection. The primary legislation is the Agricultural and Veterinary Chemicals Code Act 1994 (commonly referred to as the Agvet Code), which establishes a national system for the evaluation, registration, and control of agricultural chemicals. This law mandates that all chemical products are assessed by the Australian Pesticides and Veterinary Medicines Authority (APVMA) to ensure they meet safety, efficacy, and environmental standards before being made available for sale.

In addition, the Poisons Standard (SUSMP) provides a uniform scheduling system for classifying poisons based on their potential harm, and sets out labelling, storage, and packaging requirements. While the Poisons Standard is not directly enforceable, it is referenced and adopted through state and territory legislation, making it binding in practice.

Each state and territory has its own laws that regulate the use, storage, and disposal of pesticides. Examples include the Pesticides Act 1999 (NSW) and the Chemical Usage (Agricultural and Veterinary) Control Act 1988 (QLD). These laws often align with the federal framework but include additional provisions specific to local needs and conditions.

Users must comply with all relevant legislation, including strict adherence to the instructions provided on the chemical's approved label, which holds legal authority under the Agvet Code. Non-compliance, such as "off-label" use, can result in significant penalties, as demonstrated in case law.

Poisons Standard (SUSMP)

The Poisons Standard, which includes the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP), classifies chemicals by their potential harm and sets guidelines on labelling, storage, and sale. Though not binding, each state and territory can adopt its recommendations to promote uniformity across Australia. The SUSMP’s schedules include:

Schedule 5: Low harm potential; labelled “Caution.”

Schedule 6: Moderate harm potential; labelled “Poison.”

Schedule 7: High harm potential; labelled “Dangerous Poison” and restricted to authorised users.

Legal Cases and Off-Label Risks

State and territory legislation often references the Agvet Code and Poisons Standard, making label compliance legally binding for users. Two notable cases highlight the consequences of improper use:

Environment Protection Authority v Le Dome Pty Limited [2002] NSWLEC 167 In this case, the New South Wales Land and Environment Court dealt with a business that improperly applied a Schedule 6 pesticide, leading to hospitalisations. The court reinforced that compliance with label instructions is a critical legal requirement under the Pesticides Act 1999 (NSW) s 15(1).

Environment Protection Authority v Warwick Ronald McInnes (No 2) [2020] NSWLEC 147 This case involved a council worker who decanted a Schedule 7 pesticide into a drink bottle, which was consumed by a member of the public. The court ruled that this violated Pesticides Act 1999 (NSW) s 10(1)(a), emphasising strict liability and the importance of proper storage and labelling.

Takeaways for Domestic Users

Homeowners using pesticides face the same legal requirements as businesses. Labels provide essential safety instructions, and failure to comply, even in domestic settings, can lead to serious liability. For example:

• Using chemicals that specify “not for home garden use” on your lawn is prohibited.

• Decanting chemicals into unlabelled containers or sharing “bulk” purchases with others increases risks and legal accountability.

While proactive enforcement is limited, these laws act as a deterrent against improper practices that risk harm. By following label instructions carefully, you help protect your own safety and that of others.