Agricultural and Veterinary Products (Control of Use) Regulations 2017

This instrument organises controls around a handful of recurring legal mechanisms. Each mechanism is textualised in the regulations and given specific legal consequences.

• Off‑label prohibition tied to approved label content. For both agricultural chemical products and veterinary chemical products, use must follow approved label directions. The regulations convert label instructions into legal constraints by prohibiting use on crops, animals or in situations not specified on the label, and by prohibiting use at rates, dosages or frequencies in excess of those stated (regulations 6(2), 6(3), 32(2)-(3)). For veterinary products a label‑specified method of administration must be followed (regulation 32(2)(b)).
• Permit exception. Off‑label use is prohibited unless authorised by a permit. Both regulation 6(1) and regulation 32(1) make use contrary to the regulation an offence except where authorised by a permit. Schedule 3 products used on food‑producing animals are also prohibited except by permit (regulation 35).
• Ministerial notices and approvals. The Minister may approve quality assurance schemes for specified horticultural crops by Gazette notice, and may specify accreditation requirements and revoke notices (regulations 7(2)-(4), 37). The Minister may also declare, by Gazette notice, that the use of specified agricultural or veterinary products is prohibited except by persons of a class specified (regulation 34(1)).
• Product standards and labelling. The regulations prescribe precise compositional limits for heavy metals in fertilisers (regs 9-11), physical standards and labelling for gypsum and lime fertilisers (regs 12-15, 25-26), and extensive labelling requirements addressing nutrient forms, ordering, concentration units and mandatory warnings (regs 16-29).
• Exemptions for limited classes. There are defined exemptions for home garden products in circumstances of private, non‑trade use (regulation 8), and for accredited participants in approved quality assurance schemes for horticultural crops (regulation 7(1)). Schedule 2 restricts particular agricultural chemical products (mainly certain auxinic herbicides) to persons holding a specified unit of competency (Schedule 2).
• Record‑keeping and disclosure. Veterinary surgeons treating trade species animals in a manner contrary to mandatory instructions must make and retain specified records for two years (regulation 33). Persons who use certain agricultural products in the prescribed area in the course of a prescribed business and by spraying must keep records and make them readily accessible for authorised officer inspection (regulation 34(3)-(4)).
• Definitions and cross‑references. The regulations elaborate terms used in the Act (regulation 3), declare trade species animals (regulation 5), link related species for veterinary cross‑use (regulation 31), and prescribe substances for the purposes of particular Act provisions (regulation 30; Schedule 1).

The instrument thus operates by converting technical product characteristics and label content into legal boundaries for use and supply. It places detailed information obligations on suppliers and users, and creates criminal and expiable sanctions for non‑compliance, while providing route‑based exceptions (permits, QA scheme accreditation, ministerial notices).

The regulations reach multiple actors across supply chains, service providers and public authorities. Identify who is directly subject to duties, who may seek permissions, and who benefits from exemptions.

• Manufacturers and suppliers of fertilisers. Every fertiliser supplied in package must have a compliant label affixed or printed and unpackaged fertilisers must be supplied with a label or advice note (regulation 16). Suppliers must supply the label or advice note to the recipient on delivery or within seven days if there is no one to accept it (regulation 16(2)-(3)). Labels must include a distinctive name and supplier/manufacturer details (regulation 17) and detailed information about nutrient forms and concentrations (regulation 19).
• Suppliers and packagers of gypsum and lime. Suppliers of gypsum must meet minimum sulphur content and fineness and maximum moisture specifications, and must identify grade and content on labels (regs 12-14, 25). Suppliers of lime must state grade and neutralising value (regulation 15, 26).
• Persons using agricultural chemical products. Regulation 6 makes it an offence to use registered agricultural chemical products contrary to label instructions, subject to permit exceptions and home garden exemptions. The rules reach both professional operators and primary producers when using products for trade. Schedule 2 further limits the use of specified agricultural products to holders of a statement of attainment for a named unit of competency when the use is by spraying in prescribed business and prescribed area contexts (regulation 34(3), Schedule 2).
• Primary producers and pest control businesses. The definition of prescribed business in regulation 34(5) expressly includes the business of a primary producer and pest control businesses defined in the Controlled Substances (Pesticides) Regulations 2017. Those carrying out prescribed businesses in the spatially described prescribed area must comply with record keeping and inspection obligations if using specified products (regulation 34(3)-(4)).
• Veterinary surgeons and others involved in animal treatment. Veterinary surgeons are granted the ability to give written instructions that authorise non‑veterinarians to use registered veterinary chemical products off‑label (regulation 32(1)). Veterinary surgeons themselves must keep specified records where they treat trade species animals contrary to mandatory label instructions, and must retain those records for two years and provide specified information to the Minister on request (regulation 33).
• Non‑veterinary users of veterinary products. A person other than a veterinary surgeon must not use registered veterinary chemical products contrary to regulation 32 except as authorised by a permit or in accordance with the written instructions of a veterinary surgeon (regulation 32(1)).
• Users and owners of animals designated as "trade species". The regulations declare horses, donkeys and mules to be trade species animals for the purpose of the Act (regulation 5). Regulation 31 further declares related species which may be relevant for cross‑species veterinary use (e.g. cattle declared related to buffalo, goats and deer; chickens related to a list of poultry and game birds).
• Importers, sellers and users of products listed in Schedule 3. Schedule 3 lists specific products prohibited for treating food‑producing animals, making their use subject to permit only (regulation 35). This affects anyone treating animals classified as food‑producing (with the Agvet Code definition referred to in regulation 35).
• Training organisations and individuals offering or holding specified qualifications. Schedule 2 authorises specified herbicide use to persons with a statement of attainment for AHCCHM303A, issued by a training organisation registered by the Australian Skills Quality Authority. That creates a compliance requirement for training providers and for individuals aiming to lawfully use those products under the Schedule.
• The Minister and administrative staff. The Minister has decision‑making roles: approving quality assurance schemes (regulation 7), making Gazette notices restricting or prohibiting use of products (regulation 34), varying or revoking notices (regulation 37), and requesting information from veterinary surgeons (regulation 33(4)). Departments responsible for publication of Gazette notices and enforcement actors (including authorised officers who may inspect records, regulation 34(4)(c)) are implicated.

The regulations therefore tie obligations to entities at each node of the supply and use chain: manufacturers and suppliers must provide information and meet product standards; users must follow label directions or obtain permits; vets must keep and provide records; and the Minister and authorised officers decide and enforce restrictions. Home gardeners, where use is genuinely non‑commercial, are explicitly exempted from certain provisions (regulations 6(4) and 8).

The regulations allocate concrete duties, conditional rights and processes. Below are the principal legal obligations and the specific statutory rights or authorisations they create.

Duties

• Obey approved label instructions. Users of registered agricultural chemical products must not use those products contrary to the label (regulation 6(1)-(3)). For veterinary chemical products, non‑veterinarians must not use registered veterinary products contrary to regulation 32 except with a permit or written veterinary instructions (regulation 32(1)).
• Observe label‑specified rate, frequency, dosage and method. The regulations convert label numeric instructions into legal maxima: products must not be used at rates, dosages or frequencies that exceed those on the approved label (regs 6(2)(b), 6(3)(b), 32(2)(a), 32(3)(a)). If the label specifies a method of administration, that method must be followed (regulation 32(2)(b), 32(3)(b)).
• Comply with fertiliser labelling and content disclosure. Suppliers must ensure packaged fertilisers have labels complying with Division 2 of Part 3, and unpackaged fertilisers are supplied with an advice note (regulation 16). Labels must state the distinctive name, supplier/manufacturer name and principal place of business (regulation 17), and detailed content and form percentages for major nutrients and micro‑nutrients (regulation 19).
• Maintain physical standards for gypsum and lime product supply. Gypsum must meet minimum sulphur percentages by grade (regulation 12), fineness criteria (regulation 13), and maximum moisture content (regulation 14). Lime must meet specified minimum neutralising values (regulation 15).
• Record keeping. Veterinary surgeons who treat trade species animals contrary to mandatory label instructions must record product approval number or full product details, dates and addresses and nature of departure and retain those records for two years (regulation 33(1), (3)). Persons using specified agricultural products by spraying in prescribed area businesses must make and retain records in Minister‑approved form for two years and keep them accessible for authorised officers (regulation 34(4)).
• Warnings and specific label statements. Labels must include specific warnings for certain heavy metal or element contents (regulation 29), biuret content and warnings for urea‑containing fertilisers (regulations 27-28), and sodium content warnings for gypsum products above a threshold (regulation 25(2)).

Rights, authorisations and exemptions

• Permit regimes. The regulations recognise permits as the statutory pathway to lawfully use products off‑label. Where use is prohibited by the regulation, a permit authorises the specific departure (regulations 6(1), 32(1), 35).
• Ministerial approvals and exemptions. Accredited participants in Minister‑approved quality assurance schemes are exempt from regulation 6 when using products on the specified horticultural crop, subject to rate limits (regulation 7(1)-(3)). The Minister may approve such schemes by Gazette notice (regulation 7(2)), and specify accreditation rules in that notice (regulation 7(3)).
• Home garden exemptions. Persons using home garden products for private use are exempt from section 7 of the Act about mandatory instructions and from the Act’s restrictions relating to disposal and keeping of home garden products (regulation 8(1)-(3)), provided the plant is not being grown for sale.
• Veterinary written instructions. Non‑veterinarians may lawfully use registered veterinary products contrary to label content if acting in accordance with a veterinary surgeon’s written instructions (regulation 32(1)).
• Confidentiality and information safeguards. For the purposes of s 38(a) of the Act, the regulations prescribe a specified set of South Australian Acts to which confidentiality protections apply when the Minister handles information (regulation 36).

Procedural specifics that create rights or obligations include the rounding rules for numbers in fertiliser names (regulation 18), the order in which nutrients must be listed (regulation 20), and the units in which concentrations must be expressed (% wt/wt for weight‑supplied fertilisers, % wt/vol for volume‑sold fertilisers, regulation 21).

In sum, these regulations convert routine product labelling information and label language into legally enforceable duties, create permitting and Ministerial authorisation pathways for departures, and give specified limited exemptions. The balance of duties and rights is operationalised by detailed labelling, testing and record‑keeping requirements and by Ministerial Gazette notices.

The regulations create a mixed enforcement architecture: criminal offences with maximum fines, lower expiation fees for on‑the‑spot settlement, and record‑keeping liabilities enforceable by penalty. They also vest administrative discretion in the Minister and implicitly in authorised officers for inspection.

Monetary penalties and expiation fees

• Off‑label agricultural chemical use. A person must not use a registered agricultural chemical product in contravention of regulation 6, except under permit. The maximum penalty is $10 000 and the expiation fee is $315 (regulation 6(1)).
• Off‑label veterinary chemical use by non‑veterinarians. Regulation 32(1) makes off‑label use by a person other than a veterinary surgeon an offence, punishable by a maximum of $10 000, with an expiation fee of $315.
• Ministerial notice contravention. Contravening a Gazette notice made under regulation 34 imposing prohibited use is an offence punishable by a maximum of $10 000, expiation $315 (regulation 34(2)).
• Offences for contravention of Schedule 2 restrictions. Using certain agricultural products in prescribed circumstances when not authorised is an offence with a maximum penalty of $10 000 and expiation $315 (regulation 34(3)).
• Failing to keep or produce records. Various record‑keeping offences carry maximum penalties and expiation fees: failing to keep required records for use of certain agricultural products results in a maximum $2 500 and expiation $210 for the record keeping obligations in regulation 34(4)(a)-(b); veterinary surgeons who fail to make, keep or produce required records face maximum penalties of $2 500 and expiation fees of $210 for each relevant provision in regulation 33(1)-(4).

Enforcement mechanisms and powers

• Expiation mechanism. The regulations provide specific expiation fees for a range of contraventions. That establishes an administrative enforcement option enabling alleged contraveners to pay the expiation fee rather than face prosecution (regs 6, 32, 33, 34, 35).
• Authorised officer inspection. Regulation 34(4)(c) requires that records be kept readily accessible for inspection on request by an authorised officer. The text presumes the existence of authorised officers empowered under the Act or other legislation to inspect records and enforce compliance.
• Ministerial requests for information. Regulation 33(4) requires veterinary surgeons to provide specified information contained in a record on written request by the Minister within any time specified; failure attracts a penalty. This creates a direct administrative pathway for the Minister to compel disclosure from practitioners.
• Gazette notices and administrative direction. The Minister’s power to declare prohibited use by Gazette notice (regulation 34(1)) and to vary or revoke notices (regulation 37) creates administrative speed and flexibility in applying restrictions in response to emergent risk or policy choices. Notices operate as the instrument of prohibition and thus are central enforcement levers.
• Permit pathways. The availability of permits is the statutory route to authorise departures from off‑label prohibitions (regulations 6(1), 32(1), 35). Enforcement therefore includes permit assessment and compliance monitoring.

Sanction structure and deterrence mechanics

• Penalty magnitude. The maximum fines for core use offences are up to $10 000, which places the offences within the lower mid‑range of economic penalties for regulatory contraventions. Expiation fees are substantially lower than maximum fines ($315), establishing a trafficable administrative penalty.
• Differentiated record penalties. Lower maximum penalties and expiation fees apply to record‑keeping obligations ($2 500 and $210), signalling a compliance‑monitoring focus where administrative burdens are emphasised over high pecuniary deterrence.
• Procedural enforcement. The regulations do not set out investigative powers in detail, but by requiring ready access to records for authorised officers and enabling Ministerial requests for records, they create compliance points where enforcement action can be operationalised.

Practical enforcement implications

• Compliance inspections will likely focus on labelling, content testing for fertilisers and records for spraying operations and veterinary departures. The labelling and composition rules supply clear, readily‑testable standards (e.g. cadmium concentrations per reg 9).
• The Minister’s discretion to declare prohibited uses by Gazette notice means that compliance obligations may change through public notices; affected parties must monitor Gazette notices for new restrictions (regulations 7(2), 34(1), 37).
• The expiation fee structure provides an administrative enforcement pathway that may be used for routine non‑compliance, while prosecution remains available for more serious or repeated breaches.

All enforcement measures and monetary penalties are explicitly set out in the regulations at the cited provisions and schedules.

The regulations are written to operate within a network of national and state regulatory instruments and to rely on cross‑references to other statutory definitions, confidentiality regimes and training registration frameworks.

• Reference to the Act. These regulations are subordinate to the Agricultural and Veterinary Products (Control of Use) Act 2002, and several provisions operate for the purposes of definitions and powers in the Act (see regulation 3(1) for the definition of Act; regulations 4 and 30 link into definitions and prescribed substance powers under the Act).
• Agvet Code. Regulation 35 prohibits the use of certain products in treating food‑producing animals and explicitly refers to the meaning of "food‑producing species" in the Agvet Code of South Australia. That cross‑reference aligns the prohibition with the state implementation of the national Agvet Code.
• National Registration Authority and approval numbers. Regulation 33(1)(a) requires veterinary records to include the approval number allocated to a product by the National Registration Authority (NRA) or the product name and active constituent concentrations. That connects regulation compliance to national registration processes.
• Training accreditation by ASQA. Schedule 2 requires persons authorised to use certain agricultural chemical products to hold a statement of attainment for unit AHCCHM303A issued by a training organisation registered by the Australian Skills Quality Authority. That ties lawful use under Schedule 2 to the Commonwealth/ national vocational training accreditation system administered by ASQA.
• Controlled Substances (Pesticides) Regulations 2017. Regulation 34(5) defines "prescribed business" to include pest control businesses as defined in the Controlled Substances (Pesticides) Regulations 2017, linking obligations for record keeping and authorised use to the pesticide licensing regime.
• Confidentiality and other Acts. Regulation 36 prescribes a set of South Australian Acts for the purposes of s 38(a) of the Act. The list includes the Controlled Substances Act 1984, Dangerous Substances Act 1979, Environment Protection Act 1993, Food Act 2001, Livestock Act 1997, National Parks and Wildlife Act 1972, Natural Resources Management Act 2004, Primary Produce (Food Safety Schemes) Act 2004, South Australian Public Health Act 2011 and Work Health and Safety Act 2012. This establishes the statutory basis for confidentiality of information shared across those frameworks when the Minister acts under s 38(a).
• Geodetic datum and spatial descriptions. Regulation 34(6) specifies that the spatial description of the prescribed area is based on the Geocentric Datum of Australia 1994 (GDA94) and refers to Commonwealth of Australia Gazette GN35 of 6 September 1995 for the definition. That technical cross‑reference aligns spatial obligations with national geodetic standards.
• Revocation and transitional continuity. Schedule 4 revokes the 2004 Regulations and provides that existing approvals and declarations under the 2004 Regulations will continue as if under the 2017 Regulations (Sch 4 Part 2, clauses 3-4). This preserves continuity with pre‑existing administrative arrangements.

In practice these cross‑references mean regulated parties must consider national registration numbers and national vocational training accreditation when determining lawful use, must ensure compliance in relation to food‑producing animals consistent with the Agvet Code, and must monitor other state Acts where confidentiality and overlapping regulatory obligations arise. The Minister’s Gazette notices under these regulations will operate alongside licensing and registration regimes under the referenced instruments.

The document contains a concise legislative history embedded in Schedule 4 and the header material. The key points recorded in the instrument are as follows.

• New regulations made in 2017. The principal instrument is the Agricultural and Veterinary Products (Control of Use) Regulations 2017 (No 281), published in the South Australian Government Gazette on 19 September 2017 (page 4143) (Legislative history, Principal regulations table).
• Commencement timing. Regulation 2 provides that the regulations come into operation four months after the day on which they are made, with a specific commencement date recorded: 19 January 2018 (Legislative history entry; regulation 2).
• Revocation of previous regulations. Schedule 4 Part 1 expressly revokes the Agricultural and Veterinary Products (Control of Use) Regulations 2004 (Schedule 4 Part 1, clause 1).
• Transitional provisions. Schedule 4 Part 2 contains transitional provisions to preserve continuity:
  • Regulation 3 provides that approvals under regulation 7 of the revoked 2004 Regulations that were in force immediately before commencement continue in force as if they were approvals under the new regulation 7.
  • Regulation 4 provides that declarations under regulation 34 of the revoked regulations continue in force as if made under regulation 34 of the 2017 Regulations.
• Gazette notices and temporary approvals. Regulation 7(4) provides a built‑in expiry for Ministerial approvals of quality assurance schemes, stating a notice under regulation 7(2) will be taken to be revoked on the third anniversary of the day on which it was made. This is an operational constraint on approvals introduced by these regulations.

No other amendment history (such as subsequent amending instruments, repeal dates or later ministerial variations) is recorded in the text supplied. The legislative history table in the instrument lists the principal regulation number, Gazette reference and commencement date, but no later amendments are set out in the provided text.

Users relying on these regulations should note that Schedule 4 maintains continuity with the prior regulatory regime while replacing the 2004 Regulations. The built‑in three‑year expiry for quality assurance scheme approvals means that parties relying on an approval must ensure any renewal or reissue procedures are followed, as approvals will lapse automatically after three years unless reissued by Gazette notice (regulation 7(4)).

The instrument itself contains no judicial decisions, court citations or litigation summaries. There are no cases named in the text of the regulations, and no statutory notes within the provided document record any litigation or judicial interpretation.

Consequently, from the content of this instrument alone:

• There is no recorded litigation history attached to these regulations in the provided text.
• No judicial clarifications of the regulations are cited or summarised in the instrument.
• Parties must therefore rely on the plain text and their understanding of how the Act and other referenced laws operate, and any later case law that may have interpreted these provisions will not appear in this text.

If a practitioner requires case law interpreting specific provisions (for example, the scope of off‑label prohibitions, the enforceability of Gazette notices, or the operation of record‑keeping obligations), that must be sourced from separate judicial databases or legal reports. The regulations do not list any examples of enforcement decisions or prosecutions, nor do they provide administrative guidelines or adjudicative precedent within the supplied material.

The regulations contain a number of detailed, technical provisions and framing choices that can catch practitioners and operators who read them only cursorily. Below are concrete pitfalls to watch for, each grounded in the specific regulation.

• Label content becomes law. The regulations convert label wording into legal boundaries. A product label that specifies crops, situations, rates, frequencies or methods therefore defines legally permissible use. Using the product in a crop or situation not specified on the approved label is an offence (regulation 6(2)(a)-(b); regulation 32(2)-(3)). Ensure product labels are carefully reviewed before use.
• Different rules where label instructions exist only for other States. If a product’s approved label does not include instructions for use in South Australia but does for another State, the product may not be used in South Australia on a crop or situation not specified for that other State, and any use must not exceed the highest rate or frequency listed on the label for any State (regulation 6(3)). Practitioners should not assume interstate approvals translate automatically.
• Home garden product carve‑outs are narrow. The definition of "home garden product" is a product supplied to the general public in a container whose approved label indicates intended use in the home and home garden (regulation 3). Exemptions for home garden products do not apply if the plant is being grown for trade or for producing products for sale (regulation 6(4), 8(1)). Commercial smallholders must not treat ordinary retail product labelling as yielding regulatory relief.
• QA scheme approvals expire automatically. Ministerial approvals for quality assurance schemes expire on their third anniversary (regulation 7(4)). Accredited participants relying on an approval must watch for reissuance or renewal by Gazette notice (regulation 7(2)-(3)).
• Precise labelling specifications, including rounding rules and ordering. Regulation 18 prescribes rounding procedures for numbers in fertiliser names, which may affect product names used in marketing materials. Regulation 20 requires nutrients to be listed in a particular order, and regulation 21 prescribes the unit of concentration expression depending on whether the product is supplied by weight or volume. Failure to comply with these technicalities will breach the labelling regime.
• Heavy metal limits tied to product type and base unit. For cadmium, fertiliser limits differ depending on whether the fertiliser is phosphatic and are expressed per kilogram of phosphorus for phosphatic fertilisers, or per kilogram of product for non‑phosphatic fertilisers with different caps for trace‑element fertilisers (regulation 9). For phosphatic fertilisers, labels must state cadmium and fluorine per kilogram of phosphorus (regulation 29(2)). This mixed basis of measurement can generate errors in calculations and labelling.
• Substantive warnings with exact wording. Some warnings are prescribed verbatim (see regulation 25(2)(b) and regulation 29(1)(b), 29(3)(b), 29(5)(b) and 29(4)). Using different wording or weaker statements risks non‑compliance. Follow the exact wording where provided.
• Schedule 2 training requirement is unit‑specific. The Schedule 2 authorisation depends expressly on a statement of attainment for unit AHCCHM303A issued by a training organisation registered by ASQA. Other training or certificates are not substituted by the text of the Schedule. Verify that the statement of attainment is issued by an ASQA‑registered provider and that it is the precise unit listed.
• Spatially complex prescribed area. Regulation 34(5) describes a detailed geographic area by administrative boundary points and coordinates, and regulation 34(6) requires use of GDA94 geodesics. Operators must use geodeticly accurate mapping rather than colloquial descriptions to determine whether they are inside the prescribed area for Schedule 2 and r34 obligations.
• Record keeping timing for unpackaged fertiliser. Where fertiliser supplied without a package is delivered, the label or advice note must be handed to the recipient or their agent (regulation 16(2)), and if there is no person in attendance the label or advice note must be given or sent within seven days (regulation 16(3)). Operational delivery processes must therefore ensure timely provision.
• Veterinary cross‑species declarations and trade species definitions. Regulation 5 declares horses, donkeys and mules trade species for Act purposes. Regulation 31 declares related species cohorts (e.g. cattle related to buffalo, goats and deer). These declarations affect when certain veterinary rules, including record‑keeping obligations (regulation 33), apply.
• Confidentiality does not offer blanket immunity. Regulation 36 prescribes Acts for the purposes of s 38(a) of the Act, indicating where confidentiality protections apply. That does not eliminate obligations to produce records when the Minister requests them under regulation 33(4) or where lawfully required by other authorities.

Each of these items arises directly from the text of the regulations and typically rests on an explicit numerical threshold or precise wording requirement. Practitioners should map these concrete textual rules against their operational practices and documentation to avoid inadvertent breaches.

This section sets out an operational checklist and practical steps, tied to the specific regulatory provisions, to assist regulated entities and practitioners to comply with the obligations in the regulations.

For manufacturers and suppliers of fertilisers

• Ensure packaged fertiliser has an affixed or printed label complying with Division 2 of Part 3 (regulation 16(1)(a)). If supplying unpackaged fertiliser, prepare an advice note and a process to hand it to a recipient or their agent on delivery, or mail/hand it within seven days if no one accepts delivery (regulation 16(2)-(3)).
• Include on the label or advice note the distinctive name of the fertiliser and the name and principal place of business of the manufacturer or supplier (regulation 17).
• Provide detailed nutrient form and content breakdowns where relevant, in the order and units required: nitrogen forms and totals, phosphorus fractions, potassium forms, calcium, magnesium, sulphur and micro‑nutrient form details (regulation 19; regulation 20 sets order; regulation 21 sets units).
• For gypsum and lime products, test and certify physical properties: sulphur minimums by grade (regulation 12), fineness thresholds with sieve test reporting (regulation 13 and regulation 25(1)(c)-(d)), moisture content maximum (regulation 14) and neutralising value for lime by grade (regulation 15 and regulation 26). Ensure labels state grade and minimum content and include sodium‑related warnings where sodium exceeds 0.8% (regulation 25(1)(a)-(b); 25(2)).
• For products containing urea, state maximum biuret proportion and include the prescribed warnings for foliar versus soil application scenarios (regulations 27-28).
• Where heavy metals or elements exceed thresholds, include the mandatory warning texts and state maximum contents verbatim as required (regulation 29).

For users of agricultural chemical products

• Read the approved product label carefully. Do not use the product on crops or in situations not specified on the label, and do not exceed rates or frequencies stated on the label (regulation 6(2)). If label instructions exist only for other States, ensure any local use does not exceed the highest rate on the label and that the use is otherwise permitted in South Australia (regulation 6(3)).
• For home gardeners, verify the product meets the definition of "home garden product" in regulation 3 and ensure use is genuinely non‑commercial, otherwise the regulation’s exemptions do not apply (regulation 6(4), regulation 8).
• If intending to use a product off‑label, secure a permit under the Act. Keep records of any such permit and use consistent with its terms (regulations 6(1), 32(1)).
• Where restricted products from Schedule 2 are used by spraying in the prescribed area and in the course of a prescribed business, ensure you either belong to the authorised class (hold the statement of attainment AHCCHM303A) or else do not use the product in that prescribed context (regulation 34(3); Schedule 2). Maintain the required records in Minister‑approved form for two years and make them available for authorised officer inspection (regulation 34(4)).

For veterinary surgeons and animal handlers

• If treating trade species animals contrary to mandatory label instructions, make the record specified in regulation 33(1) as soon as practicable, including product approval number or full product name and active concentrations, dates, addresses, responsible person's contact, species, number treated and nature of the departure. Retain those records for two years (regulation 33(1), (3)).
• If preparing veterinary products for use, make and keep the records prescribed in regulation 33(2) and retain for two years.
• Be prepared to provide specified information in records to the Minister in writing within any timeframe stated in a Ministerial request (regulation 33(4)).
• Only permit non‑veterinarians to use registered veterinary chemical products off‑label where such written instructions are given (regulation 32(1)). Be aware that non‑veterinarians may otherwise require a permit.

Administrative monitoring and Ministerial process

• Monitor the Gazette for Ministerial notices approving quality assurance schemes (regulation 7(2)), declaring prohibited product use (regulation 34(1)), and varying or revoking notices (regulation 37). Note that QA approvals automatically lapse after three years (regulation 7(4)).
• Where a QA scheme is applicable and you seek exemption under regulation 7(1), ensure you satisfy accreditation requirements specified in the Gazette notice, and maintain evidence of accreditation.
• Maintain auditable documentation of training statements, permits, label copies and advice notes, laboratory test results for fertiliser composition and physical parameters, and records of applications where required.

Testing, measurement and lab practice

• Use appropriately accredited laboratories for testing heavy metal concentrations and for fineness and moisture tests required under regs 9-15 and regs 13-14. Ensure data are reported in the units required by the regulations (e.g. mg per kg of fertiliser, or mg per kg of phosphorus for phosphatic fertilisers).
• Ensure rounding and numerical presentation conforms to regulation 18 where numbers are used in fertiliser names.

Training and competence

• For use of products listed in Schedule 2 in prescribed circumstances, obtain the specified statement of attainment AHCCHM303A from an ASQA‑registered training provider. Verify the issuing entity and the unit code match the Schedule precisely.

Record retention and accessibility

• Keep records for the statutory periods: 2 years for veterinary records and for spraying records where required (regulations 33(3), 34(4)(b)). Ensure records are readily accessible for authorised officer inspection (regulation 34(4)(c)).

Permit and prohibition checks

• Before treating animals classified as food‑producing, check Schedule 3 to ensure the intended product is not prohibited; if it is, obtain a permit before use (regulation 35).

Practical governance

• Embed these rules in procurement, labelling, delivery and application SOPs. Assign responsibility for Gazette monitoring, record retention and for verifying training statements or permits. Document chain of custody for fertiliser certificates and label copies.

Following the textual requirements and operationalising the testing and record processes described above aligns operational practice with the duties set by these regulations and reduces enforcement risk under the specified penalty structure.