SECTION 114 OF THE AGRICULTURAL AND VETERINARY CHEMICALS CODE SCHEDULED TO THE AGRICULTURAL AND VETERINARY CHEMICALS CODE ACT 1994

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1 PERMIT TO ALLOW POSSESSION, SUPPLY AND USE OF THE AGRICULTURAL CHEMICAL PRODUCT OF LEBAYCID INSECTICIDE SPRAY BEARING THE LABEL 32996/0110 IN WESTERN AUSTRALIA ONLY SECTION 114 OF THE AGRICULTURAL AND VETERINARY CHEMICALS CODE SCHEDULED TO THE AGRICULTURAL AND VETERINARY CHEMICALS CODE ACT 1994 PERMIT NUMBER PER13840 Following the 16 October 2014 finalisation of the review of fenthion, this permit (PER 13840) has now been extended until 29 October Any person possessing, having custody of or otherwise dealing with this product bearing the label 32996/0110 or purporting to use this permit must comply with all requirements as specified in the Agvet Code of their State. This permit is issued subject to the condition that any person using, or purporting to use, this permit must do so in accordance with the conditions set out in parts 1 to 5 of this permit. WARNING: A person must not possess with the intent to supply or deal with, except in accordance with instructions issued by the APVMA. A failure to comply with the instructions issued by the APVMA may result in an offence against the Agvet Codes and compliance action being taken. The label approval number 32996/0110 for the product LEBAYCID INSECTICIDE SPRAY (registration no ) has been varied with effect from 30 October As a result, this label 32996/0110 is no longer approved after this date. It will be an offence for any person to possess this product with the intent to supply, or deal with this product bearing the label 32996/0110 after the phase out period ends 29 October In the period from 31 October 2012 until 29 October 2015 a person must not possess this product with the intent to supply or deal with this product, except in accordance with instructions issued by the APVMA and included in this permit. A failure to comply with the instructions issued by the APVMA may result in an offence against the Agvet Codes and compliance action being taken. PER13840 Permit Version 4 Page 1 of 9

2 1. PERSONS AUTHORISED CONDITIONS OF THIS PERMIT Persons who can use the product under this permit: Persons generally. 2. DURATION THIS PERMIT IS IN FORCE FROM 31 OCTOBER 2012 TO 29 OCTOBER JURISDICTION WA only. 4. PRODUCT This permit applies to the product LEBAYCID INSECTICIDE SPRAY containing 550 g/l fenthion, Product No , bearing the label approval number 32996/0110, Registrant: Bayer CropScience Pty Ltd when possessed, supplied or used in Western Australia until the end of the phase out period 29 October This permit does not apply to the possession, supply or use of this product in other states and territories which is subject to another permit PER This permit also does not apply to the home garden product (61308 Lebaycid fruit Fly and Insect Killer), which is subject to another permit PER CONDITIONS OF POSSESSION, SUPPLY AND USE Permitted Dealings Possession and custody: A person may possess, have custody of, use or otherwise deal with LEBAYCID INSECTICIDE SPRAY (registration no ) bearing the label approval number 32996/0110 only in accordance with the instructions in Attachment 1 of this permit. Users: PERSONS who wish to use the product containing fenthion listed above must read, or have read to them, the instructions included in Attachment 1 of this permit. Users who have had the instructions read to them must confirm to the reader that they understand the instructions. Suppliers: All suppliers must at the time of the supply of a product covered by this permit, provide to the person taking responsibility for the supplied product: - a copy of this permit in full setting out the conditions and instructions for use, and - supply product with a copy of the instructions in Attachment 1 of this permit securely affixed to each container of product. PER13840 Permit Version 4 Page 2 of 9

3 Registrant: The registrant must maintain records of product supplied under this permit. Specifically the records must include the quantity and dates of product supplied, the names and addresses of the persons supplied product and confirmation that at the time of supply of the product a copy of the instructions in Attachment 1 of this permit was securely affixed to all containers. The records must be progressively maintained whilst the permit is in force and retained for a minimum period of two years from the date of expiry of this permit. Records must be made available to the APVMA upon request. Upon a request being made, the records are to be provided: - immediately if the request is verbally from an APVMA Inspector who has attended the premises, or - in the time specified in the written correspondence containing the request. Issued by Delegated Officer 23 October 2014 Note: Permit amended effective 7 November 2012, to remove the withholding period statement for capsicums from page 9, Permit Version 2. Permit Version 3 issued 16 October 2013 to extend the period until 30 October 2014, to delete uses on stonefruit other than nectarines and plums and to increase the withholding period for nectarines and plums to 14 Permit Version 4 issued 23/10/14 to note that the product label has been varied and that the phase out period for its use ends 29/10/15 PER13840 Permit Version 4 Page 3 of 9

4 ATTACHMENT 1: INSTRUCTIONS FOR SUPPLY AND USE OF LEBAYCID INSECTICIDE SPRAY BEARING THE LABEL 32996/0110 IN WESTERN AUSTRALIA ONLY These instructions apply to the use of Lebaycid Insecticide Spray bearing the label approval number 32996/0110. Possession and custody A person may possess, have custody of, use or otherwise deal with the suspended fenthion products (bearing a suspended label) only in accordance with these instructions. It will be an offence for any person to possess this product with the intent to supply, or deal with this product after the phase out period ends 29 October Supply All suppliers must at the time of the supply of a product covered by this permit, provide to the person taking responsibility for the supplied product: - a copy of this permit in full setting out the conditions and instructions for use, and - supply product with a copy of these instructions securely affixed to each container of product. Use Product can only be used in accordance with the instructions contained in this permit until 29 October After 29 October 2015 it is not permissable to use product bearing the cancelled label 32996/0110. READ THESE INSTRUCTIONS before using or otherwise handling the product. This permit includes modified instructions for the continued use of LEBAYCID INSECTICIDE SPRAY bearing the label 32996/0110. When using or otherwise handling the product, follow all the instructions of the label (32996/0110) EXCEPT for those instructions contained within the DIRECTIONS FOR USE table and Withholding Periods. All use of the product bearing the label 32996/0110 must only be undertaken in accordance with the following instructions until the end of the phase out period 29 October DO NOT follow the instructions as contained within the DIRECTIONS FOR USE table and associated Withholding Periods of the cancelled product label. These modified instructions include: i. Prohibited Crop Uses that may no longer be undertaken ii. Restrictions on the number of sprays permitted per season on permitted crop uses and iii. instructions for other uses that may continue to be undertaken and which may differ from the product label 32996/0110 directions as follows ; PER13840 Permit Version 4 Page 4 of 9

5 DIRECTIONS FOR USE (i) Prohibited Crop Uses The label 32996/0110 may include instructions for use on the crops listed below. The use of fenthion on these crops is no longer approved and the following restraints apply. DO NOT use fenthion on any deciduous fruit trees or fruit trees other than as specified in the table below DO NOT use fenthion on peaches or apricots DO NOT use fenthion on figs, loquats or quince DO NOT use fenthion on any edible peel varieties of kiwifruit or guava DO NOT use fenthion on eggplant (eggfruit) or pepinos DO NOT use fenthion on tomatoes DO NOT use fenthion as a post harvest treatment on any fruiting vegetables (including cucurbits) other than chillies, melons and watermelons (ii) Restrictions on Permitted Crop Uses DO NOT apply more than 1 spray per season on citrus DO NOT apply more than 2 on apples and pears, grapes, edible peel persimmons or cherries DO NOT apply more than 3 on nectarines or plums DO NOT apply more than 5 on tropical and subtropical fruits (inedible peel) (iii)uses that may continue to be undertaken (and which may differ from the suspended product label directions) Tree and Vine Crops RATE In the following table, all rates given are for dilute spraying. For concentrate spraying, refer to the Application section of the product label. CROP PEST STATE RATE WHP Apples Pears Citrus WA only 75 ml/100 L 10 WA only mL/100 L 7 WA only 75 ml/100l 14 CRITICAL COMMENTS For all uses in this table: Apply by dilute or concentrate spraying equipment. Apply the same total amount of product to the target crop whether applying this product by dilute or concentrate spraying methods. For concentrate spraying, DO NOT use at rates greater than 5 times the dilute spraying rate. Cover sprays provide additional protection over baiting. Apply a maximum of 2 sprays, 14 apart if signs of strike are seen or monitoring numbers indicate treatment is required. DO NOT apply more than 2. Apply no more than a single application per season of no more than 1000 L/ha DO NOT apply more than 1 spray per season PER13840 Permit Version 4 Page 5 of 9

6 Tree and Vine Crops (continued) RATE In the following table, all rates given are for dilute spraying. For concentrate spraying, refer to the Application section of the product label. CROP PEST STATE RATE WHP Grapes Pawpaws (papaya) Persimmons (edible peel varieties) Nectarines and Plums ONLY Yellow peach moth WA only 50mL/100 L 7 WA 75 ml/100 L 14 WA 75 ml/100 L 14 WA 75 ml/100 L 14 CRITICAL COMMENTS For all uses in this table: Apply by dilute or concentrate spraying equipment. Apply the same total amount of product to the target crop whether applying this product by dilute or concentrate spraying methods. For concentrate spraying, DO NOT use at rates greater than 5 times the dilute spraying rate. Spray when pest is present. Thorough coverage of fruit is essential. Apply a maximum of 2, no less than 7 apart if signs of strike are seen, or monitoring numbers indicate that treatment is required. DO NOT apply more than 2 Apply a thorough cover spray as insect populations indicate. DO NOT apply more than 5 Cover sprays provide additional protection over baiting. Apply a maximum of 2 sprays per season, no less than 10 apart if signs of strike are seen, or monitoring numbers indicate that treatment is required. DO NOT apply more than 2 Cover sprays provide additional protection over baiting. Apply a maximum of 3 sprays per season, no less than 10 apart if signs of strike are seen, or monitoring numbers indicate that treatment is required. DO NOT apply more than 3 PER13840 Permit Version 4 Page 6 of 9

7 Tree and Vine Crops (continued) RATE In the following table, all rates given are for dilute spraying. For concentrate spraying, refer to the Application section of the product label. CROP PEST STATE RATE WHP Cherries Tropical and subtropical fruits (inedible peel) 1 Non-Tree/Vine Crops CRITICAL COMMENTS For all uses in this table: Apply by dilute or concentrate spraying equipment. Apply the same total amount of product to the target crop whether applying this product by dilute or concentrate spraying methods. For concentrate spraying, DO NOT use at rates greater than 5 times the dilute spraying rate. WA only 75 ml/100 L 7 Cover sprays provide additional protection over baiting. Apply a maximum of 2 sprays per season, no less than 10 apart if signs of strike are seen, or monitoring numbers indicate that treatment is required. DO NOT apply more than 2. WA 75 ml/100 L 7 (except guavas & pawpaws 14 ) Thorough spray coverage of fruit is essential. Apply at 6, 4, 3, 2 and 1 week (except guava and pawpaw apply at 6, 4, 3 and 2 weeks) before the expected start of harvest. DO NOT apply more than 5 CROP PEST STATE RATE WHP CRITICAL COMMENTS Ornamentals Mealybug WA 100 ml/100 L - Mealybugs may occur on all parts of the plant including roots. Thoroughly drench soil around plants. Also spray plants when pests are seen and repeat 14 later. 1 Tropical and sub-tropical fruits (inedible peel) include but are not restricted to avocado, banana, breadfruit, custard apple, durian, feijoa, jackfruit, lychee (litchi), longan, mango, mangosteen, pawpaw, passionfruit, pineapple, pomegranate, rambutan, sapodilla, sapote, tamarind and the inedible peel varieties ONLY of guava, kiwi fruit and persimmon (American astringent inedible peel varieties of persimmons only). PER13840 Permit Version 4 Page 7 of 9

8 Post-harvest Treatment CROP PEST STATE RATE WHP CRITICAL COMMENTS Mediterrane WA 75 ml/100 L Nil an (postharvest (Quarantine treatment treatment only) only) Tropical and sub-tropical fruits (inedible peel) 2, Melons and watermelons Hollow fruited chillies only DO NOT use fenthion on any cucurbits other than melons and watermelons Dip fruit and completely submerge for 1 minute. Drain and allow to air dry. Refer to departmental guidelines for disposal of spent dips. or Apply as a flood spray of 16 L spray mixture per minute per m² over fruit for a minimum of 10 seconds, then ensure fruit remains wet for at least 1 minute. DO NOT dip or flood spray capsicums Do not dip hollow chillies as dip may enter cavity. These fruit should only be flood sprayed. See above for method. 2 Tropical and sub-tropical fruits (inedible peel) include but are not restricted to avocado, banana, breadfruit, custard apple, durian, feijoa, jackfruit, lychee (litchi), longan, mango, mangosteen, pawpaw, passionfruit, pineapple, pomegranate, rambutan, sapodilla, sapote, tamarind and the inedible peel varieties ONLY of guava, kiwi fruit and persimmon(american astringent inedible peel varieties of persimmons only). PER13840 Permit Version 4 Page 8 of 9

9 Withholding Periods: Apples (WA, 75mL/100L, Fruit Fly uses only) DO NOT harvest for 10 after application Citrus (WA, 75mL/100L, Fruit Fly uses only) DO NOT harvest for 14 after application Pears (WA, mL/100L, Fruit Fly uses only) DO NOT harvest for 7 after application Grapes, (WA 50mL/100L Fruit fly uses only) DO NOT harvest for 7 after application Nectarines and Plums DO NOT harvest for 14 after application Cherries (WA use ONLY) DO NOT harvest for 7 after application Persimmons (edible peel varieties) DO NOT harvest for 14 after application Tropical and sub-tropical fruits (inedible peel) (i) avocado, banana, breadfruit, custard apple, durian, feijoa, jackfruit, lychee (litchi), longan, mango, mangosteen, passionfruit, pineapple, pomegranate, rambutan, sapodilla, sapote, tamarind and the inedible peel varieties ONLY of kiwifruit and persimmon (American astringent inedible peel varieties only). DO NOT harvest for 7 after application (ii) Pawpaw, Guava (inedible peel varieties only) DO NOT harvest for 14 after application Post Harvest Dipping and Flood Sprays: Tropical and sub-tropical fruits (inedible peel varieties ONLY), Melons and Watermelons, Chillies NOT REQUIRED WHEN USED AS DIRECTED (Flood spray and dip uses only) PER13840 Permit Version 4 Page 9 of 9

SECTION 114 OF THE AGRICULTURAL AND VETERINARY CHEMICALS CODE SCHEDULED TO THE AGRICULTURAL AND VETERINARY CHEMICALS CODE ACT 1994

SECTION 114 OF THE AGRICULTURAL AND VETERINARY CHEMICALS CODE SCHEDULED TO THE AGRICULTURAL AND VETERINARY CHEMICALS CODE ACT 1994 PERMIT TO ALLOW POSSESSION, SUPPLY AND USE OF THE AGRICULTURAL CHEMICAL PRODUCT LEBAYCID INSECTICIDE SPRAY CONTAINING FENTHION BEARING THE LABEL 32996/0110 IN SA, VIC, ACT, QLD & NT ONLY SECTION 114 OF

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