Schedule 6 of the Agvet Code Regulations provides statutory definitions of when a proposed product is similar or closely similar to a reference product. To determine the appropriate Item number, you need to first establish whether your product meets the statutory definition of similar or closely similar in relation to your nominated reference product. The following table lists the criteria to assist you through this step:

Criteria
(proposed product compared to reference product)		 Similar Closely similar
Same active Y Y
Same concentration of actives N/A Y
Other ingredients in the formulation are the same or perform the same function N/A Y
Formulation type is the same Y Y
Label refers to same crops, situations and pests as the reference product label Y Y
Label includes similar instructions for use as the reference product Y Y
Label claims are the same, fewer or reduced Y Y
Reference product information is not subject to limit of use of information or
the applicant has obtained consent from the owner to use the data from the reference product		 Y Y

The following table depicts for each relevant risk area where either:

i) a specific ‘assessment’ will apply, or
ii) where the submission relies on the ‘reference product’.

 

Similar

Closely similar

Risk area by module type

Item 5

Item 6

Item 7

Chemistry

Assessment

Assessment

Reference product

Health

Reference product

Poisons scheduling

Reference product

Residues and Trade

Reference product

Environment

Reference product

Efficacy and Safety

Assessment

Reference product

Non-food Trade

Reference product

Special Data

Reference product

Reference product = risk assessment can be satisfied by that previously undertaken on a single reference product.

0.1. Pre-application assistance

Pre-application assistance is available to give applicants advice on the requirements of an application before submission.

1. Legislation

1.1. Framework

The Agricultural and Veterinary Chemicals (Administration) Act 1992 establishes the APVMA as an independent statutory authority of the Commonwealth, responsible for the regulation and control of agvet chemicals in Australia up to the point of retail sale. This Act contains all of the internal details of the establishment of and the functions and powers of the APVMA. It also contains provisions controlling the import and export of chemicals.

The Agricultural and Veterinary Chemicals Act 1994 contains the constitutional and other legal provisions that enable the Agvet Code to have effect.

The Agricultural and Veterinary Chemicals Code Act 1994, among other things, contains the detailed provisions allowing the APVMA to evaluate, approve or register and review active constituents and agricultural and veterinary chemical products (and their associated labels); and to issue permits and to license the manufacture of chemical products. It also contains provisions for controls to regulate the supply of chemical products; and provisions ensuring compliance with, and for the enforcement of, the code.

The Agricultural and Veterinary Chemicals Code Regulations 1995 prescribe detailed provisions of the Agvet Code.

The Agricultural and Veterinary Chemicals Code (Application Requirements) Instrument 2014 sets out the information that must be contained in, or accompany an, application under the Agvet Code.

1.2. Statutory criteria

In addressing the criteria, the applicant may provide information, or valid scientific argument that might address a specific criterion. The following sections of the Agvet Code provide definitions for meeting the criteria:

An active constituent or chemical product meets the safety criteria if use of the constituent or product, in accordance with any instructions approved, or to be approved, by the APVMA for the constituent or product or contained in an established standard:

a) is not, or would not be, an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues; and
b) is not, or would not be, likely to have an effect that is harmful to human beings; and
c) is not, or would not be, likely to have an unintended effect that is harmful to animals, plants or things or to the environment.

To satisfy the s 5A criteria, the APVMA considers chemistry and manufacture, health (including poison scheduling and work health and safety), residues, environment and target safety.

A chemical product meets the efficacy criteria if use of the product, in accordance with instructions approved, or to be approved, by the APVMA for the product or contained in an established standard, is, or would be, effective according to criteria determined by the APVMA by legislative instrument.

A chemical product meets the trade criteria if use of the product, in accordance with instructions approved, or to be approved, by the APVMA or contained in an established standard, does not, or would not, unduly prejudice trade or commerce between Australia and places outside Australia.

In approving a label for a container for chemical products, the APVMA must be satisfied that the label contains adequate instructions. This allows the APVMA to ensure that the risks of using the agvet chemical product are adequately mitigated through appropriate instructions.

The APVMA’s Agricultural Labelling Code and Veterinary Labelling Code also contain further labelling requirements that ensure a standard layout, eligibility and further help in mitigating the risk of using agvet chemical products when used in accordance with the label instructions.

1.3. Application requirements

The Agvet Code, s 8A provides the definition of 'meets the application requirements'.

The Agricultural and Veterinary Chemicals Code (Application Requirements) Instrument 2014, Parts 2 and 4, sets out the information that must be contained in, or accompany an, application under the Agvet Code.

1.4. Guidelines

The APVMA has designed guidelines to help inform the APVMA and applicants as to the modules, data and information that will apply for different types of applications. The guidelines are not the law. The APVMA will have regard to it, but from time to time may depart from it when determining the modules, data and information are necessary for a particular application. The APVMA has a number of guidelines that fall under this, for example:

1.5. Applications may be withdrawn

The Agvet Code, s 8D states that at any time after the application is made and before it is determined, the applicant may withdraw it by giving the APVMA written notice of the withdrawal signed by the applicant.

1.6. Definitions

The following definition of similar is as contained in Schedule 6 of the Agricultural and Veterinary Chemicals Code Regulations 1995.

1.3 When chemical products are similar

(1) Subject to clause 1.5, an agricultural chemical product (the proposed agricultural chemical product) and a reference chemical product are similar if the conditions in paragraphs 1.2(1)(a), (d), (e), (f) and (g) are complied with in relation to the products.

1.5 When chemical products are not closely similar, similar or the same

(1) Despite clauses 1.2, 1.3 and 1.4, a proposed chemical product and a reference chemical product are not closely similar, similar or the same if:

(a) the APVMA is required to use information in determining an application in respect of the proposed chemical product; and
(b) the use of the information by the APVMA in determining that application is restricted.

(2) The use of information by the APVMA in determining an application is restricted if the APVMA is restricted from using the information in determining the application by:

(a) Division 4A of Part 2 of the Code; or
(b) Part 3 of the Code.

2. Timeframe and fees

The fee to register a new product that is similar to a registered reference product (Item 5) is a fixed fee of $7,566. The timeframe is 8 months. Legislative timeframes commence once the application has passed preliminary assessment and fees have been paid.

This application type is subject to an extended assessment period if a section 159 notice is sent requesting additional information. The extended assessment period for an Item 5 application is 12 months.

3. What you need to provide

3.1. Completed online application form

First time applicants will need to complete an online services new user access form to access the APVMA Online Services Portal.

If you are unfamiliar with the application process you may wish to consult the guide to completing an online application.

3.2. The application fee

You may choose to:

  • pay the total fee on submission or
  • pay the preliminary assessment fee of $902 on submission and the remaining balance once the application has been accepted.

You can choose to pay by credit card, electronic funds transfer or BPAY.

Note: To meet the application requirements you must pay any amount (including an amount in respect of a tax or penalty) that is due and payable by you to the APVMA (including under a law of another jurisdiction or the agvet law).

3.3. Information list

It is an application requirement that all applications for approval, registration or variation include a short description of each item of information contained in or accompanying the application – an information list.

Any document (information) submitted with the application constitutes information for the purposes of the information list. This includes supporting information, such as consent for use letters, manufacturer's declarations, MSDS, certificates of analysis, GMP certificates and other such documentation, in addition to the scientific studies or data that may be submitted to specifically address the safety, trade and efficacy criteria.

The online application form contains fields to assist applicants in entering the information required to generate the information list.

Note: Information lists are published, including details of the holders of the information. Applicants should take care not to inadvertently divulge confidential commercial information (CCI) when creating the list.

3.4. Electronic label (e-label)

The APVMA must have regard to certain matters or details in order to satisfy itself that a label meets the labelling criteria and approve the label (Agvet Code, ss 5D and 14). Applicants must use the e-label template to submit the label details that the APVMA must take into account.

Introduction to preparing a label and the label approval process provides more detailed information.

To meet the application requirements you will need to provide:

  • a completed online application form
  • the application fee plus any amount that is due to the APVMA
  • APVMA product number for your nominated reference product
  • an information list
  • consent for use, if your reference product has limits on use of information
  • e-label.

3.5. Supporting information

The application must contain, or be accompanied by, information relevant to whether the chemical product meets the safety and efficacy criteria. Applicants should include an explanation why supporting information is not required if not provided with the application. 

3.6. Data requirements

Relevant data for module levels—agricultural chemical products sets out the data that may be relevant to particular assessment modules detailed in the Agvet Regulations. This list is not exhaustive and is only intended to provide you with guidance in putting your application together.

The data requirements relevant for Item 5 applications are:

3.7. Reference product details

Applicants must nominate one, and only one, registered reference product. Details to provide include the product/active constituent number and the full name of the product/active. Reference products must be agvet chemical products currently registered by the APVMA. Registered chemical products can be searched on APVMA’s product search database.

3.8. Consent for use from the relevant authorising party (if applicable)

Consent for use is required where there is protected information listed for the reference product, unless one of the following exceptions apply:

  • the applicant is the authorising party for the data associated with the reference product
  • the applicant has obtained consent for use from the relevant authorising party or parties. This consent for use must be explicit and include the relevant data numbers
  • the protected information is not relevant to the proposed use pattern.

Protected data details are listed in our product search database record for the reference product.

Note: Consent for use applies to all relevant risk areas

4. Examples

4.1. Scenario 1: Registration of a new product that is similar to a reference product

4.1.1. Objective

An applicant has applied to register a 100 g/L SC insecticide referencing a registered 200 g/L SC insecticide. The use pattern (crops and insect pests) and the rate of active is to be applied at the same as that to the reference product. The applicant has checked the APVMA PubCRIS database and confirmed that the reference product does not have any protected data.

4.1.2. Application type

The applicant has considered the definition of similar and has determined that their proposed product meets the definition in relation to the nominated reference product. The applicant submits both (i) chemistry and (ii) efficacy and safety data for the assessment.

4.1.3. Assessment

The APVMA will conduct assessments to determine if the:

  • proposed product meets the definition of similar when compared to the nominated reference product
  • submitted efficacy and safety data supports bioequivalence of the new product to the reference product
  • chemistry and manufacturing data submitted demonstrates that the formulation is stable in the proposed container.

4.1.4. Timeframe and fees 

The assessment fee for this application is a fixed fee of $7,566. The statutory timeframe will be 8 months but may be extended to 12 months if further information is required by the APVMA during assessment.

4.2. Scenario 2: Registration of a product which meets the statutory definition of similar but requires assessment of health risks

4.2.1. Objective

An applicant has applied to register a 500 g/kg WP fungicide nominating a 200 g/kg WP fungicide as the reference product. The use pattern (crops and diseases) is the same as the reference product and the active in the product is to be applied at the same rate as the active in the reference product.

4.2.2. Assessment

A reference product has been nominated to address the risk areas, however, as the first aid instructions and safety directions (FAISD) has only been established for a 200 g/kg WP formulation, the proposed product will require assessment of the risk to workers during the mixing and loading and will establish new safety directions for the 500 g/kg WP.

4.2.3. Application type

This application is considered under a modular assessment—new product (Item 10) as the new product is based on an existing active constituent but requires technical consideration, other than chemistry and manufacture or efficacy and safety, to be satisfied the proposed formulation change does not present an undue hazard to the safety of people exposed to it.

4.3. Scenario 3: Registration of a product which meets the statutory definition of similar but requires assessment of risks to the environment

4.3.1. Objective

An applicant has applied to register a selective herbicide for the control of certain weeds in a range of situations which includes specific aquatic situations.

4.3.2. Assessment

A reference product has been nominated to address the risk areas, however there are differences in the surfactants of the proposed and reference product which require an environmental assessment to determine their safety.

Application type

This application is considered under a modular assessment—new product (Item 10), as the new product is based on a similar existing product but requires technical assessment of environment risks for the new surfactants.

4.4. Scenario 4: Registration of a product which meets the statutory definition of similar but the formulation type is not the same

4.4.1. Objective

An applicant has applied to register a 250 g/kg WP fungicide using a 480 g/L SC fungicide as the reference product. The active in the product is to be applied at the same rate as the active in the reference product. The applicant submits both (i) chemistry and (ii) efficacy and safety data for the assessment.

Assessment

The reference product has been nominated to address the risk areas, however the difference in formulation type, SC to WP, results in the proposed product not being 'similar' to the reference products and therefore the application does not meet the requirements of an Item 5. See the criteria matrix in the introduction section for further information.

Application type

This application should be considered under a modular assessment—new product (Item 10). The proposed product does not meet the statutory definition of similar as it requires technical assessment of the formulation change.

4.5. Scenario 5: Registration of a product which meets the statutory definition of similar but the reference product has limits of use

4.5.1. Objective

An applicant has applied to register a 112.5 g/L SC insecticide using a 225 g/L SC insecticide as the reference product. The active in the product is to be applied at the same rate as the active in the reference product and is to be used on wheat. The applicant submits both (i) chemistry and (ii) efficacy and safety data for the assessment.

4.5.2. Application type

The applicant has considered the definition of closely similar and has determined that their proposed product meets the definition in relation to the nominated reference product. The application has been submitted under Item 5, a reference product has been nominated and data provided to address the risk areas.

4.5.3. Assessment

On examination, the APVMA notes that the reference product has limits on use of information applying to efficacy, target safety and residues for certain crops (apples and wheat) but not others (oranges) listed in our product search database record for the reference product. The proposed use for wheat does NOT meet the requirements of an Item 5 application as the reference product has relevant protected information. See the criteria matrix in the introduction section for further information. The applicant has not provided consent for use from the holder of the limits of use data relevant to wheat.

4.5.4. Revised application type 

The applicant should instead either:

  • provide consent to use the protected data on wheat from the holder of the reference product when submitting under an Item 5
  • be considered under a modular assessment—new product (Item 10) as the new product is based on a similar existing product but requires technical assessment of efficacy, target safety and residues.

5. Start an application

To register a product which contains a combination of existing actives in registered products (Item 5):

Start application

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