Compliance monitoring function

The following information relates to the APVMA’s Compliance and monitoring function. The performance of our compliance and monitoring function is detailed in the APVMA Annual Report

Compliance statistics

The APVMA regularly undertakes compliance and enforcement activities to ensure that pesticides and veterinary medicines available for use in Australia comply with national legislation and do not harm humans, animals, and the environment or risk Australia’s trade. The APVMA has developed and published the annual Compliance Plan to conduct proactive compliance and monitoring activities during the financial year.

It is our policy to not comment on matters currently under investigation. When matters are finalised a summary of the investigation and its outcome is published below.

We have taken a range of compliance actions for products that are both unregistered and registered products, as well as those that are exempt and in relation to advertising and claims. A summary of the investigations conducted and enforcement outcomes is provided below.

Summary of investigations

 

FY2018–19

FY2019–20

FY2020–21 (YTD)

Allegations received

200

280

36

Referred for prosecution020

Notices to Produce or Attend issued

2

3

2

Monitoring Warrants

1

0

0

Investigative Warrants

4

0

0

Manufacturer-initiated recalls

11

13

5

APVMA-initiated recalls

1

18

4

Requests to Australian Border Force to apply Customs Act 1901

16

29

5

Formal warnings issued

4

11

6

Cases closed

212

174

50

Cases remaining open and risk levels

101 cases.

 

46 are medium to high risk and are currently under investigation.

Recalls

The APVMA may issue recall notices under the Agvet Code. This step may be taken when we consider there is a need for intervention based on risk, noncompliance with Agvet legislation, or an absence of responsible product stewardship. To be notified of recalls via email, please complete a subscription form and select recall notices.

Education

Program/visit

State

Summary

Supplier audit

NSW

Investigators from the Compliance and Monitoring Team conducted proactive visits in Tamworth and Coffs Harbour between 29 and 30 May 2019. Officers engaged with agricultural suppliers regarding the labelling requirements of agvet products. Products were found to be compliant, and during these checks it was highlighted how adverse experiences (including spray drift) can be reported to the APVMA, and they were encouraged to use the AERP online portal.

AgQuip

NSW

Investigators from the Compliance and Monitoring Team attended the AgQuip Agricultural Field Day, between 20 and 22 August 2019. Officers engaged with agricultural suppliers and members of the public regarding; spray drift, annual compliance plan, and the Adverse Experience Reporting Program.

Henty Field Day

NSW

Investigators from the Compliance and Monitoring Team attended the Henty Agricultural Field Day, between 16 and 19 September 2019. Officers engaged with agricultural suppliers and members of the public regarding; spray drift, annual compliance plan, and the Adverse Experience Reporting Program.

Supplier auditsNSWInspectors from the Compliance and Monitoring Team conducted audits of HGP Suppliers in Tamworth, Armidale, Guyra and Glen Innes between during August and November 2019. Inspectors highlighted the National HGP Control and Monitoring System, the role of the APVMA, record keeping and reporting requirements.
Regulator Spray Drift WorkshopNSWStaff from the APVMA attended the New South Wales Environmental Protection Agency (NSW EPA) regulator spray drift workshop in Dubbo on 6 and 7 November 2019. Presentations covered spray drift, chemical review, compliance and the Adverse Experience Reporting Program. Adverse experience reports can be made through the AERP online portal.
Northern Downs Spray ForumQLDStaff from the APVMA attended the Northern Downs Spray Forum and Brigalow Growers Group Forum in Inverai, Queensland between 26 and 27 November 2019. Officers engaged and presented to more than 100 attendees including regulators, growers, manufacturers and retailers regarding spray drift, residues, chemical review, compliance and the Adverse Experience Reporting Program. Adverse experience reports can be made through the AERP online portal.

Formal warnings issued

Using the drop down menu, view formal warnings issued by the APVMA per financial year.

 

Formal warnings issued in 2020–21 financial year

2020/113 – July 2020 – s 81 (Agvet Code) supplied an agricultural chemical product with unapproved label – Vic (Individual)

In July 2020, the APVMA issued a Victorian based individual a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the individual supplied an agricultural chemical product with unapproved label contrary to section 81 of the Agvet Code.

2020/007 – July 2020 – s 78 (Agvet Code) supplied an unregistered agricultural chemical product – SA (Company)

In July 2020, the APVMA issued a South Australian based company a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code).  The APVMA has reasonable grounds to suspect that the company supplied an unregistered agricultural chemical product contrary to section 78 of the Agvet Code.

020/075 – July 2020 – s 80 (Agvet Code) supplied an agricultural chemical product without a label – Vic (Company)

In July 2020, the APVMA issued a Victoria based company a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company supplied an agricultural chemical product without a label contrary to section 80 of the Agvet Code.

2020/126 – August 2020 – s 88 (Agvet Code) published a notice offering to sell an unregistered agricultural chemical – Qld (Company)

In August 2020, the APVMA issued a Queensland based company a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company published a notice offering to sell an unregistered agricultural chemical contrary to section 88 of the Agvet Code.

2020/131 – August 2020 – s 78 (Agvet Code) suppled an agricultural chemical product not in accordance with the conditions of registration – NSW (Company)

In August 2020, the APVMA issued a Formal Warning to a New South Wales based company pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company supplied an agricultural chemical product not in accordance with the conditions of registration contrary to section 78 of the Agvet Code.

2020/105 – September 2020 – s 78 and s 88 (Agvet Code) advertised and supplied an unregistered veterinary chemical product – NSW (Company)

In September 2020, the APVMA issued a New South Wales based company a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company advertised and supplied an unregistered veterinary chemical product contrary to sections 78 and 88 of the Agvet Code.

Formal warnings issued in 2019–20 financial year

2019/128 – July 2019 – s 69B (Admin Act) imported an unapproved active constituent – Vic (Individual)

In July 2019, the APVMA issued a Victorian based individual a Formal Warning pursuant to 69EO of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (The Admin Act). The APVMA has reasonable grounds to suspect that the company imported an unapproved active constituent contrary to section 69B of the Admin Act.

2019/075 – July 2019 – s 69B (Admin Act) import an unapproved agricultural chemical product – Qld (Company)

In July 2019, the APVMA issued a Queensland based company a Formal Warning pursuant to 69EO of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (The Admin Act). The APVMA has reasonable grounds to suspect that the company imported an unapproved agricultural chemical product contrary to section 69B of the Admin Act.

2019/131 – August 2019 – s 81 (Agvet Code) supplied an agricultural chemical product with unapproved label – Qld (Company)

In August 2019, the APVMA issued a Queensland based company a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company supplied an agricultural chemical product with an unapproved label contrary to section 81 of the Agvet Code.

2019/081 – December 2019 – s 79 (Agvet Code) supplied a registered agricultural chemical product in contravention of conditions of registration – NSW (Company)

In December 2019, the APVMA issued a New South Wales based company a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company supplied a registered agricultural chemical product in contravention of conditions of registration contrary to section 79 of the Agvet Code.

2020/006 – January 2020 – s 69B (Admin Act) import an unapproved agricultural chemical product – NSW (Company)

In January 2020, the APVMA issued a New South Wales based company a Formal Warning pursuant to section 69EO of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (the Admin Act). The APVMA has reasonable grounds to suspect that the company imported an unapproved agricultural chemical product contrary to section 69B of the Admin Act.

2019/137 – January 2020 – s 69B (Admin Act) import an unapproved agricultural chemical product – Qld (Company)

In January 2020, the APVMA issued a Queensland based company a Formal Warning pursuant to section 69EO of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (the Admin Act). The APVMA has reasonable grounds to suspect that the company imported an unapproved agricultural chemical product contrary to section 69B of the Admin Act.

2020/003 – February 2020 – s 75 and s 88 (Agvet Code) advertised and supplied an unregistered agricultural chemical product – NSW (Individual)

In February 2020, the APVMA issued a New South Wales based individual a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company advertised and supplied an unregistered agricultural chemical product contrary to sections 75 and 88 of the Agvet Code.

2019/122 – March 2020 – s 116 (Agvet Code) failed to comply with conditions of permit – NSW (Company)

In March 2020, the APVMA issued a New South Wales based company a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company failed to comply with conditions of permit contrary to section 116 of the Agvet Code.

2020/039 – March 2020 – s 84 (Agvet Code) made a claim inconsistent with the approved label – NSW (Company)

In March 2020, the APVMA issued a New South Wales based company a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company made a claim inconsistent with the approved label contrary to section 84 of the Agvet Code.

2020/031 – March 2020 – s 75 and s 88 (Agvet Code) advertised and supplied an unregistered veterinary chemical product – NSW (Company)

In March 2020, the APVMA issued a New South Wales based company a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company advertised and supplied an unregistered veterinary chemical product contrary to sections 75 and 88 of the Agvet Code.

2020/074 – June 2020 – s 161 (Agvet Code) failed to notify the APVMA of relevant information – NSW (Company)

In June 2020, the APVMA issued a New South Wales based company a Formal Warning pursuant to section 145J of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code). The APVMA has reasonable grounds to suspect that the company failed to notify the APVMA of relevant information contrary to section 161 of the Agvet Code.

Enforcement outcomes

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More information:

Summary of enforcement outcomes

 FY2018–19FY2019–20FY2020–21
(to date)
Infringement Notices, number, value, and contravention5 issued to a total of $33,000:
  • s 84 (1): Claims inconsistent with labels, Agvet Code—$5,000
  • s 121(4): Offences Relating to manufacture and licences, Agvet Code—$7,000
  • s 121(4): Offences Relating to manufacture and licences, Agvet Code—$7,000
  • s 121(4): Offences Relating to manufacture and licences, Agvet Code—$7,000
  • s 121(4): Offences Relating to manufacture and licences, Agvet Code—$7,000
2 issued to a total of $42,000:
  • s 88 (2): Certain notices not to be published, Agvet Code—$26,250
  • s 69 B (1): Offence related to importation, Admin Act—$15,750
2 issued to a total of $126,000:
Enforceable Directions100
Enforceable Undertakings002

Infringement Notices

Company fined for failing to comply with requirements of recall notice

Status: Paid 16 October 2020
Alleged contraventions: Section 105 of the Agvet Code

The Australian Pesticides and Veterinary Medicines Authority (APVMA) has issued an infringement notice to a company for failing to comply with an APVMA issued recall notice, which is a contravention of section 105 of the Agvet Code.

On 8 April 2020 the APVMA issued a recall notice to the company in relation to unregistered chemical products. The APVMA had reasonable grounds to believe that the company had not complied with all of the requirements of the recall notice and on 31 July 2020 issued an infringement notice in the fixed amount of $63,000 to the company.

The company paid the infringement notice on 16 October 2020, and continues to cooperate with the APVMA.

The APVMA takes non-compliance with the registration of chemical products and recall notices conditions seriously. This infringement notices serves as a reminder that entities issued recall notices are expected to comply with the instructions given.

Company fined for failing to comply with requirements of recall notice

Status: Paid 7 August 2020
Alleged contraventions: Section 105 of the Agvet Code

The Australian Pesticides and Veterinary Medicines Authority (APVMA) has issued an infringement notice to a company for failing to comply with an APVMA issued recall notice, which is a contravention of section 105 of the Agvet Code.

On 8 April 2020 the APVMA issued a recall notice to the company in relation to non-compliance with labelling requirements. The APVMA had reasonable grounds to believe that the company had not complied with all of the requirements of the recall notice and on 31 July 2020 issued an infringement notice in the fixed amount of $63,000 to the company.

The company paid the infringement notices on 7 August 2020, and continues to cooperate with the APVMA.

The APVMA takes non-compliance with labelling requirements and recall notices conditions seriously. This infringement notices serves as a reminder that entities issued recall notices are expected to comply with the instructions given.

Enforceable Undertakings

Katpet Pty Ltd

September 2020

On 14 September 2020 Katpet Pty Ltd made an enforceable undertaking to the APVMA. Pursuant to subsection 145E (6) of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994, the enforceable undertaking has been published.

Fluidra Group Australia Pty Ltd

September 2020

On 2 September 2020 Fluidra Group Australia Pty Ltd made an enforceable undertaking to the APVMA. Pursuant to subsection 145E (6) of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994, the enforceable undertaking has been published.

Accensi Pty Ltd

September 2017

On 29 September 2017, Accensi Pty Ltd made an enforceable undertaking to the APVMA. Pursuant to subsection 145E (6) of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994, the enforceable undertaking has been published.

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