InDustry Progress toward New requirements – March 2006

In 2003 the Australian Pesticides and Veterinary Medicines Authority (APVMA) initiated a review of arsenic-based timber treatments because of potential public health concerns. The main focus of the review was the use of copper chrome arsenate (CCA) as a timber preservative.

In March 2005 the APVMA review of CCA was finalised. It concluded that:

• Timber intended for use in garden furniture, picnic tables, exterior seating, children’s play equipment, patio and domestic deckings and handrails must not be treated with CCA.
• Timber treated with CCA must be marked with the statement: ‘Treated with copper chrome arsenate’.

The review also noted that CCA chemicals used for treating timber should be declared to be Restricted Chemical Products.

Declaration of CCA timber treatment products as Restricted Chemical Products

The Restricted Chemical Product (RCP) classification applies to chemicals that can present significant risks during use. Chemicals given this classification can only be used and supplied by ‘authorised’ persons. An authorised person is one who has undergone specialised training and has received appropriate certification.

Designating CCA as an RCP requires that CCA chemicals used for treating timber can only be supplied to authorised persons. This requires that timber treatment operators are appropriately trained and also that timber treatment plants meet the required standard for such plants (Australian Standard AS/NZS 2843:2000).

Legally, these requirements must be met from the time that CCA chemical treatment products are declared as RCPs and formally included in Schedule 4 of the Agricultural and Veterinary Chemicals Code Regulations (1995).

Since the legislative power to control the use of chemicals and to grant user authorisations lies with the States/Territories, the APVMA has to establish that they have the necessary legislation and procedures in place before it can progress the declaration of CCA timber treatment products as RCPs.

Issue of Permit PER 8336

When the CCA review was finalised, the APVMA recognised that not all timber treatment plants would be able to immediately comply with the new requirements (as outlined above). Therefore the APVMA facilitated a 12-month phase-in period by issuing Permit PER 8336 on 9 March 2005 and scheduled the RCP declaration for March 2006. This permit (valid until 11 March 2006) was to allow time for the treatment plants to make the necessary modifications to their operational processes and to their physical facilities. It also allowed the continued use of CCA timber treatment chemicals as per the old labels, but with additional instructions specified by the permit.

Current Status

Some States/Territories have not yet completed the necessary legislative and administrative arrangements that are necessary for CCA products to be made RCPs. Accordingly, the APVMA extended the life of the permit until 7 June 2006, in order to allow additional time for this to occur. This extension is intended to allow a smooth transition to the new arrangements once the RCP declaration takes place.

While most treatment plants responded to the review requirements (ie. stamping the timber and not treating timber intended for the prohibited uses after the end of the original permit period of 11 March 2006), the APVMA understands that a limited number of plants are not yet fully compliant. The short extension of the permit period until 7 June 2006 will also enable these plants to make the necessary changes to become compliant.

The extension of the permit is not an indication of any change in the implementation of the review findings or the decision to have CCA timber treatment products declared as RCPs. It does not in any way alter the resolve of the APVMA to see that the findings of the CCA review are fully implemented.

The APVMA appreciates the steps the timber industry has taken to date to meet the requirements of the review in eliminating the use of CCA treated timber in garden furniture, picnic tables, exterior seating, children’s play equipment, patio and domestic deckings, and handrails. The industry should continue with these measures in order to mitigate any downstream risks from unnecessary exposure to CCA-treated timber.

The APVMA looks forward to continued good product stewardship from the industry. Any unwillingness to proceed toward full implementation of the review’s findings could lead to stricter controls being imposed on the industry.