Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2025

The regulations define a handful of key terms. Biuret is a by-product of urea manufacture, with potential phytotoxicity. Trace element means boron, cobalt, copper, iron, manganese, molybdenum or zinc; a trace element fertiliser is one whose nutrients consist wholly of one or more trace elements. This classification matters because contaminant limits for cadmium and lead differ for trace-element fertilisers.

All references to concentrations or weights are calculated by dry mass (reg 6). This prevents moisture content from diluting contaminant readings and aligns the regulatory metric with the actual mass of constituent material. A seller cannot avoid a limit by adding water.

Labels must be affixed securely and durably to each package; advice notes are documentary statements given to the buyer (or left for them) when fertiliser is sold unpackaged. The regulations distinguish three delivery scenarios for advice notes: collection by buyer or agent (note given at collection), delivery with buyer present (note given at delivery), and delivery when no one is present (seller must take reasonable steps to ensure buyer receives note within 24 hours). The advice note must also include delivery date and location in the unattended-delivery case.

Warning statements are prescribed verbatim, leaving no discretion as to wording. There are six distinct warnings, each triggered by crossing a threshold: biuret (three sub-thresholds: >10 g/kg N, >20 g/kg N, >30 g/kg N), molybdenum (>10 mg/kg of fertiliser unless copper is present in equal or greater amount), selenium (>10 mg/kg of fertiliser), cadmium (>1 mg/kg of fertiliser), mercury (>0.2 mg/kg), lead (>20 mg/kg), and a dust warning for solid fertilisers sold unpackaged or in packages over 5 kg. The biuret thresholds are expressed per kilogram of total nitrogen, not per kilogram of fertiliser, which is potentially confusing for products with variable nitrogen content.

Contaminant standards are set out in Part 3. For cadmium: if fertiliser contains 20 g or more phosphorus per kg, the Cd concentration must not exceed 300 mg per kg of phosphorus (a ratio-based limit). Trace-element fertilisers must not exceed 50 mg Cd per kg of fertiliser. All other fertilisers are capped at 10 mg Cd per kg. Mercury is uniformly capped at 5 mg/kg. Lead: trace-element fertilisers or those partially constituted by trace elements must not exceed 500 mg Pb/kg; all others 100 mg Pb/kg. The interplay between the notification thresholds in reg 9 (which require stating the concentration of Cd, Hg or Pb on the label/advice note once above defined values) and the substantive maximums in Part 3 means a product can be legal but still require a heavy-metal concentration statement. For example, a fertiliser with 15 mg Pb/kg is below the 20 mg/kg warning threshold and below the 100 mg/kg limit, so no lead statement is needed. But a product with 22 mg Pb/kg would require both the warning statement and compliance with the 100 mg/kg cap.

The regulations directly affect any person who sells fertiliser in Victoria, whether as manufacturer, importer, wholesaler, retailer, or agronomist supplying product. “Seller” is not defined narrowly; the label/advice note obligations attach to the person supplying the fertiliser, and the contaminant standards apply at the point of sale (and manufacture under s 24 of the Act). The note to reg 7 cites s 18(1)(a) of the Act, which prohibits sale of a fertiliser without a complying label or advice note. This means every transaction, including online sales or wholesale bulk deliveries, triggers a labelling or advice-note duty irrespective of the buyer’s sophistication.

Indirectly affected parties include farmers, horticultural producers, turf managers, home gardeners and any end user of fertiliser. They receive warnings about biuret damage to citrus, molybdenum toxicity in livestock, selenium overdose risks, and heavy-metal accumulation in soil and produce. The warnings contain specific management recommendations (e.g. keep stock off pasture for four weeks after molybdenum application; do not use selenium unless deficiency diagnosed). These create legal duties on the seller to convey the warning, but the regulations impose no express duty on the buyer to heed them. However, vendors of agricultural produce who ignore the warnings risk food-safety breaches under the Australia New Zealand Food Standards Code, which the warnings explicitly reference.

Livestock producers and processors are indirectly affected by the molybdenum and selenium warnings. The molybdenum warning notes that plant levels can be high for up to four weeks after application and advises keeping stock off treated areas. The selenium warning cautions against use unless a deficiency exists and requires application not exceed the label rate. Downstream liability for toxic residues in meat or milk could arise under food safety laws, so the regulations create a paper trail by which a seller can demonstrate that the buyer was warned.

Government agencies, particularly the Victorian Department of Health (or its equivalent) and local councils, are responsible for enforcement under the Act. The Act also authorises inspectors, sampling and prosecution. The regulations themselves do not create an inspectorate but rely on the Act’s framework.

The regulations also affect laboratories and testing facilities contracted by sellers to verify contaminant levels. Because reference must be made to dry mass, analytical methods must be adjusted to account for moisture content.

The primary duty is on the seller to ensure that each fertiliser sale is accompanied by a label (if packaged) or an advice note (if unpackaged) that meets the content and format requirements of Part 2. The label or advice note must state the fertiliser name, quantity, seller’s name and full business address, and the exact warning statements prescribed by reg 10 for each trigger substance present. For packaged fertiliser, the label must be affixed securely and durably; for unpackaged, the advice note must be given at the time of collection or delivery, or within 24 hours if the buyer is absent. An additional duty under reg 9 requires the label or advice note to state the concentration of cadmium, mercury or lead if the concentration exceeds defined thresholds (1 mg Cd/kg, 0.2 mg Hg/kg, 20 mg Pb/kg). This is a mandatory disclosure obligation separate from the warning statements.

The seller must also ensure the fertiliser complies with the contaminant maximums in Part 3. Section 24(1) of the Act (noted in the regulations) prohibits manufacture or sale of a fertiliser that does not comply with a relevant standard. The duty is absolute; there is no defence that the seller did not know of the contamination. The regulations do not prescribe testing frequency, so a seller must implement its own quality assurance to avoid committing an offence.

The buyer has a right to receive the label or advice note with the prescribed information. In the case of unattended delivery of unpackaged fertiliser, the seller must take reasonable steps to ensure the buyer receives the advice note within 24 hours. The buyer does not have a duty to retain the advice note, but doing so may be prudent for record-keeping. The warnings themselves inform the buyer of risks and management practices, but impose no legal obligation on the buyer to follow them. That said, a buyer who ignores a selenium warning and applies the product recklessly could face liability under other laws (e.g. negligence, animal cruelty, or food safety offences) if harm results.

The regulations also confer a right on sellers to add information in languages other than English, provided the English information is present and in letters at least 2 mm high. This facilitates sale to non-English-speaking farmers but still ensures the primary warnings are readable by enforcement officers.

There is no right for a seller to use alternative wording for the warnings; the prescribed statements must be reproduced exactly.

The regulations themselves do not set penalty amounts. Instead, they rely on penalty provisions in the parent Act. The notes accompanying regs 7, 8 and Part 3 refer to section 18(1)(a) (failure to accompany sale with a compliant label or advice note) and section 24(1) (manufacture or sale of non-complying fertiliser). For a corporation, the penalty is 400 penalty units; for any other person, 200 penalty units. The endnotes provide the current value of a penalty unit as at 1 July 2025: $203.51. On that basis, the maximum fine for a corporation is $81,404 (400 x $203.51) and for an individual $40,702 (200 x $203.51). The penalty unit value is adjusted annually by the Treasurer under the Monetary Units Act 2004, so these amounts will rise over the life of the regulations.

Enforcement is governed by the Act. The regulations provide no additional enforcement machinery. The Act would typically authorise the appointment of inspectors, powers of entry, sampling, seizure and prosecution. The regulations’ contaminant limits create strict liability offences: the note to Part 3 does not suggest a fault element. Therefore, a seller who unknowingly sells fertiliser with cadmium above the limit has no defence, though the penalty is a maximum and courts have discretion.

Prosecution would likely be initiated by the relevant state department (possibly Agriculture Victoria or the Environment Protection Authority depending on the contaminant). The regulations contain no infringement notice provisions; enforcement is through the courts. The cost of legal proceedings, potential adverse publicity and supply-chain disruption are additional deterrents beyond the fine.

The 24-hour requirement for advice notes in unattended deliveries is a specific, time-bound duty. Failure to deliver the note within the deadline is an offence, regardless of whether the buyer suffered any detriment.

The regulations also expose the seller to risk of civil liability if mislabelling leads to crop damage or livestock illness, but that arises under common law, not the regulations.

The regulations operate under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992. That Act is the primary law; the regulations fill in specific details for fertilisers. The regulations do not cover agricultural chemical products other than fertilisers, or veterinary chemicals. The Act also regulates the use of agricultural chemicals generally; these regulations are confined to sale and the physical product.

The warning statements for cadmium, mercury and lead expressly reference the Australia New Zealand Food Standards Code (the Code). The warnings state that use of the product “may lead to residue levels in plant and animal products in excess of the maximum level specified by” the Code. This creates a cross-reference to food-safety standards enforced by Food Standards Australia New Zealand and state food authorities. A buyer who ignores the warning and later sells produce exceeding Code limits may breach food laws, and the warning serves as evidence of notice.

The dust warning for solid fertilisers (reg 10(8)) relates to workplace health and safety. Under Victoria’s Occupational Health and Safety Act 2004, employers must provide a safe work environment; the warning about dust as an irritant reinforces that duty. Similarly, the biuret and molybdenum warnings may intersect with Poisons and Controlled Substances legislation if concentrated fertilisers are involved, though the regulations do not classify fertilisers as poisons.

The Sentencing Act 1991 and Monetary Units Act 2004 govern penalty-unit calculation and indexation. Those laws are not unique to this instrument but determine the real value of fines over time.

The regulations are made under a subordinate legislation power. They must be consistent with the parent Act and cannot create offences exceeding the Act’s maximums. If there is a conflict with Commonwealth laws (e.g. the Agricultural and Veterinary Chemicals Code Act 1994), state laws on fertiliser labelling may be subject to inconsistency under section 109 of the Constitution if the Commonwealth has covered the field. However, the National Registration Scheme for agricultural chemicals typically covers active constituents; fertilisers are largely regulated by states. The interaction is not addressed in the source.

The regulations also interact with trade measurement laws (e.g. the National Trade Measurement Act 2009 (Cth)) insofar as quantity statements on labels and advice notes must be accurate. The regulations require quantity by weight or volume, and trade measurement laws impose verification and accuracy standards. A false statement could trigger separate offences under that regime.

The 2025 regulations are Version 001, meaning no amendments have been made since they were made on 16 September 2025. They revoked the Agricultural and Veterinary Chemicals (Control of Use) (Fertilisers) Regulations 2015 (S.R. No. 108/2015). The table of amendments in endnote 2 confirms there are no amendments by statutory rules, subordinate instruments or Acts.

The instrument has a sunset date of 16 September 2035 under section 5 of the Subordinate Legislation Act 1994. This is consistent with Victoria’s policy of automatically repealing subordinate legislation after 10 years unless specifically re-made. The 2025 regulations thus represent a decennial re-make, likely updating references (e.g. penalty unit values) and possibly adjusting contaminant limits based on evolving science, though the source does not specify changes from the 2015 version. Without access to the revoked 2015 regulations, one cannot determine whether the numeric limits or warning thresholds have been tightened or loosened. What is clear is that the structure - Part 2 (labels and advice notes) and Part 3 (contaminant standards) - mirrors the typical format of such regulations.

The new regulations contain a technical amendment in style: the ILA style changes section indicates that from 1 January 2001, headings, examples, diagrams, notes, punctuation and provision numbers form part of the statutory rule. This is standard for all post-2001 instruments.

The 2025 regulations came into force on 26 September 2025, only 10 days after making, which is rapid but not unusual for re-makes that substantially maintain existing requirements. The short gap between making and commencement suggests little substantive change or that consultation occurred well before making.

The source provides no litigation history. The 2025 regulations are new, having commenced only on 26 September 2025, so no court has had occasion to interpret them. The revoked 2015 regulations may have been litigated, but the source does not mention any case.

The parent Act, the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, may have been the subject of proceedings, but the regulations are a narrow subordinate instrument. Given the prescriptive nature of the contaminant limits and warnings, interpretive disputes are likely to be factual: whether a fertiliser meets the definition of “trace element fertiliser”, or whether an advice note was given within 24 hours. Legal challenges might arise if a seller argues that a contaminant standard is invalid as ultra vires the Act, though the source does not indicate any such challenge.

The absence of litigation history means there is no authoritative judicial gloss on phrases such as “reasonable steps” in reg 8(1)(c) or “secure and durable manner” in reg 7(1). These terms will be interpreted in context if disputes arise. The common law will apply.

The endnotes reference section 39B of the Interpretation of Legislation Act 1984 regarding amendment formatting, but that is a drafting technicality, not litigation history.

Because the regulations are recent, practitioners should monitor any future decisions from Victorian courts (especially the Magistrates’ Court for penalty appeals) that address defences or interpretation of the label/advice note requirements.

Several traps await the unwary.

1. Dry-mass basis (reg 6). All concentration and weight calculations must be by reference to the dry mass of the fertiliser. A seller who tests a moist product and reports contaminant levels on an as-received basis could be in breach even if the product would comply on a dry-mass basis. Conversely, a fertiliser that appears compliant on an as-received basis may exceed limits when recalculated to dry mass. The regulation does not specify how to determine dry mass; standard methods (e.g. oven drying at 105°C) will apply, but sellers must ensure their quality control accounts for this.

2. Cadmium limit for phosphorus-containing fertilisers (reg 11(1)). The limit is 300 mg Cd per kg of phosphorus, not per kg of fertiliser. For a fertiliser with low phosphorus content (say, 2% P), the effective limit is only 6 mg Cd/kg of fertiliser (300 x 0.02). This is stricter than the 10 mg/kg default for “any other fertiliser” in reg 11(3). Sellers must calculate based on phosphorus concentration, which may vary between batches. If phosphorus is declared on the label, the buyer should confirm consistency.

3. Cadmium notification threshold vs maximum (reg 9 and reg 11). A fertiliser must state the cadmium concentration on the label or advice note if Cd >1 mg/kg, but the substantive maximum may be much higher (10 mg/kg for ordinary fertilisers). The warning statement must also be included if Cd >1 mg/kg. This means a fertiliser with 9.5 mg Cd/kg is legal but must carry the cadmium warning. Conversely, a trace-element fertiliser can have up to 50 mg Cd/kg (reg 11(2)), which is far above the 1 mg/kg notification threshold, so it will always need the warning.

4. Molybdenum warning exception (reg 10(3)). The warning for molybdenum is not required if the fertiliser also contains copper in an equivalent or greater amount. This exception could be overlooked. If a fertiliser contains 15 mg Mo/kg and 12 mg Cu/kg, the warning is required because Cu (12) is less than Mo (15). If Cu were 20 mg/kg, no warning. Sellers must test for both elements and compare.

5. Biuret thresholds per kg of total nitrogen, not per kg of fertiliser (reg 10(2)). A fertiliser with low nitrogen content but high biuret may trigger a warning even if the absolute biuret level seems low. The warning escalates with increasing biuret-to-nitrogen ratio. For blended fertilisers, total nitrogen must be accurately determined. The warning for >30 g biuret per kg N recommends use only on turf, effectively restricting market use.

6. Selenium warning requires consultation about deficiency (reg 10(4)). The warning says the product should not be used if a selenium deficiency does not exist in stock animals grazing the area. Sellers may need to advise buyers to test stock. This is an unusual quasi-medical recommendation on a fertiliser label.

7. Dust warning for solid fertilisers sold unpackaged or in packages >5 kg (reg 10(8)). Many granular fertilisers are sold in 20 kg or 25 kg bags; the dust warning must appear on the label. For bulk loads (unpackaged), the advice note must carry it. The warning is generic and does not require actual dustiness testing.

8. Advice note timing for unattended deliveries (reg 8(1)(c)). “Reasonable steps” to give the advice note within 24 hours is vague. Leaving the note at the premises may not suffice if the buyer does not return; sending an email may be classed as giving. The seller should document delivery attempts.

9. Seller’s business address must be “full business address” (regs 7(2)(c), 8(2)(c)). A PO Box likely does not suffice; the physical street address of the business is required.

10. Penalty applies per sale. Each non-compliant sale is a separate offence. A manufacturer selling 100 bags without proper labels could face cumulative penalties.

Compliance requires a systematic approach covering product testing, label/advice note preparation, and supply-chain documentation.

Determine product classification. First, analyse the fertiliser to identify its nutrient composition: total nitrogen, phosphorus content, trace elements present (especially copper, molybdenum, selenium, biuret). Classify the product as a trace-element fertiliser (all nutrients are from trace elements) or not. For trace-element fertilisers, note the higher cadmium and lead limits apply.

Contaminant testing. Test for cadmium, mercury, and lead on a dry-mass basis. Establish a quality assurance program with a NATA-accredited laboratory. For cadmium, if phosphorus ≥20 g/kg, calculate the ratio of Cd to P and ensure it does not exceed 300 mg Cd/kg P. For all other fertilisers, stay below 10 mg Cd/kg (or 50 mg Cd/kg for trace-element fertilisers). Mercury must be ≤5 mg/kg; lead ≤500 mg/kg for trace-element fertilisers, ≤100 mg/kg for others. Record batch test results and retain them for at least two years (or longer under the Act’s record-keeping requirements, though not specified).

Determine warning thresholds. Check concentrations against the trigger levels for each warning statement:

• Biuret: measure biuret and total nitrogen; calculate g biuret per kg N.
• Molybdenum: measure Mo concentration; if >10 mg/kg, check copper concentration; if Cu ≥ Mo, no warning needed; otherwise include warning.
• Selenium: if >10 mg/kg, include warning; consider whether product should be sold at all if deficiency not confirmed.
• Cadmium: if >1 mg/kg, include warning and concentration statement under reg 9.
• Mercury: if >0.2 mg/kg, include warning and concentration statement.
• Lead: if >20 mg/kg, include warning and concentration statement.
• Dust: for solid fertilisers sold unpackaged or in packages >5 kg, include dust warning.

Prepare label (packaged fertiliser). Ensure a label is affixed to each package in a secure and durable manner. The label must include: name of fertiliser, quantity (weight or volume), seller’s full business name and physical address, warning statements as triggered, and, if required by reg 9, the concentration of Cd, Hg or Pb. The text must be in English, letters and figures at least 2 mm high. Additional languages are permitted but not as a substitute.

Prepare advice note (unpackaged fertiliser). For bulk sales, prepare an advice note containing the same information as a label, plus for unattended deliveries the date and location of delivery. Provide the advice note to the buyer at collection or delivery; if delivery is unattended, take reasonable steps to give it within 24 hours. Keep a copy of each advice note as proof of compliance.

Staff training. Ensure sales staff know which warning statements apply and that they provide the correct document. For complex products (e.g. selenium-containing), staff should be trained to explain the deficiency requirement.

Record keeping. Maintain records of batch test results, label artwork, advice note templates and delivery acknowledgments. Although the regulations do not specify retention periods, the parent Act likely requires records to be kept for a period; check s 18 and s 24 of the Act for any specific obligations. As a prudent measure, retain records for at least five years.

Review supply agreements. If buying fertiliser from interstate or overseas, obtain a certificate of analysis from the supplier and verify compliance before on-selling. The contaminant limits apply at the point of sale in Victoria; an importer is the seller and bears full responsibility.

Monitor legal changes. The regulations sunset in 2035, but could be amended earlier. Watch for updates to contaminant limits or warning statements. Also monitor penalty unit adjustments annually.

Seek legal advice if any fertiliser has unusual composition (e.g. high selenium, or borderline cadmium ratios) to confirm compliance strategy. In case of doubt, include warnings even if not strictly required; the regulations allow extra information but do not permit contradictory or false statements. Over-warning may cause confusion but is less risky than under-warning.