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Gazette APVMA 10, 4 October 2005 page 20

NOTICE

APVMA Recognition of Products Containing Trichoderma Spp.
as Agricultural Chemical Products

The APVMA seeks to provide clarification about the types of products that the APVMA recognises as agricultural chemical products. Agricultural chemical products must be registered by the APVMA in order to be supplied or used in Australia.

The full definition of “agricultural chemical product” is provided in section 4 of the Agricultural and Veterinary Chemicals Code 1994 (Agvet Code) and associated regulations for the purposes of the Code.

In summary, the Agvet Code defines agricultural chemical products as products that

  • are represented as being suitable for certain purposes, irrespective of the constituents of the product; or
  • are imported, manufactured, supplied or used for certain purposes, irrespective of claims made; or
  • are declared by the Agvet Code Regulations to be agricultural chemical products.

The Agvet Code Regulations also declare certain products to not be agricultural chemical products.

The aim of this document is to explain how the APVMA recognises products as agricultural chemical products when products are imported, manufactured, supplied or used for the purposes described in the definition of an agricultural chemical product in section 4 of the Agvet Code. Such products are recognised as agricultural chemical products on the basis that the product is (or contains a substance that is) intended to be used, likely to be used or known to be used for that purpose.The APVMA plans to issue further operational notices for individual substances or groups of products.

Some substances (active constituents) may cause a product to be recognised by the APVMA as an agricultural chemical product either by their presence in a product at any level or concentration, or by their presence above a certain level or concentration. Despite the use of the word ‘chemical’ in the Agvet Code definitions of ‘agricultural chemical product’, the APVMA recognises that numerous active constituents and products fall within the scope of the Agvet Code, but are not usually thought of as ‘chemicals’ in the common use of the word. These include biologically derived and ‘natural’ substances, bacterial, viral and plant extracts and genetically modified organisms.

The APVMA need not be satisfied of a product’s effectiveness or a substance’s function in order to recognise products as agricultural chemical products.

Trichoderma spp.

Chemical products are recognised by the APVMA as agricultural chemical products if they contain fungi of the Trichoderma genus and have certain representations, supply or use.

Substance Representation, supply or use
Trichoderma spp.

- when such products are represented, supplied or used to control specific diseases

To destroy or prevent infestation by a pest in a thing (eg. soil) (s4(2)(a) of the Agvet Code)

Or

when such products are represented, supplied or used for promoting plant growth

To modify the physiology of a plant or pest so as to alter its natural development, productivity, quality or reproductive capacity (s4(2)(c) of the Agvet Code)

The substance, Trichoderma harzanium has been approved as an active constituent by the APVMA and is contained in registered products

The APVMA intends to:

1. Continue to recognise products containing Trichoderma spp as agricultural chemical products requiring registration when they are represented, supplied or used to control specific diseases (for example grey mould or eutypa dieback of grapevines);

2. Propose reservation from registration (under section 56ZU of the Agvet Code) for products containing Trichoderma spp when they are represented, supplied or used for promoting plant growth. Given the time this may take, the APVMA has granted a temporary exemption for the purposes of sections 75(1)(b) and 78(1)(b) of the Agvet Codes. This exemption means that it would not be an offence to possess such products for the purposes of supply or to supply them for this purpose;

3. Propose that products that contain naturally occurring Trichoderma spp. (such as soils, potting mixtures) and which are not represented, supplied or used as agricultural chemical products be declared as not being agricultural chemical products under Schedule 3 of the Regulations. Given the time this may take, the APVMA has granted a temporary exemption for the purposes of sections 75(1)(b) and 78(1)(b) of the Agvet Codes. This exemption means that it would not be an offence to possess such products for the purposes of supply or to supply them for this purpose; and

4. Propose that products containing Trichoderma spp. that are represented, supplied or used for improvement of soil structure, improving survival of transplants, increasing beneficial microbes or microbial activity in soils, or digesting cellulose be declared as not being agricultural chemical products under Schedule 3 of the Regulations. Given the time this may take, the APVMA has granted a temporary exemption for the purposes of sections 75(1)(b) and 78(1)(b) of the Agvet Codes. This exemption means that it would not be an offence to possess such products for the purposes of supply or to supply them for this purpose.

Details of the exemptions are published separately in this APVMA Gazette.

For enquiries please contact:
Colin Byrnes
Manager Fungicides
Pesticides Program
Phone 02 6272 4850
Fax 02 6272 3218
Email colin.byrnes@apvma.gov.au




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