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 LEBAYCID INSECTICIDE SPRAY CONTAINING FENTHION BEARING THE LABEL 32996/0110 IN SA, VIC, ACT, QLD & NT ONLY SECTION 114 OF THE AGRICULTURAL AND VETERINARY CHEMICALS CODE SCHEDULED TO THE AGRICULTURAL AND VETERINARY CHEMICALS CODE ACT 1994 PERMIT NUMBER PER13841 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 varied 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. PER13841 Permit Version 4 Page 1 of 10

2 CONDITIONS OF THIS PERMIT 1. PERSONS AUTHORISED 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 Vic, Tas, SA, ACT, NT and QLD. 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 SA, Vic, Tas, ACT, QLD and NT 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 Western Australia 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 32996) bearing the label approval number 32996/0110) 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. PER13841 Permit Version 4 Page 2 of 10

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 Version 2 issued 11/4/2013 to include edible peel persimmons, Qld apples and pears and modified critical comments for grapes, pome fruit and tropical, subtropical fruit (inedible peel). Permit Version 3 issued 16/10/13 to extend the duration until 30/10/14 and to delete uses on stonefruit other than nectarines and plums 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 PER13841 Permit Version 4 Page 3 of 10

4 ATTACHMENT 1: INSTRUCTIONS FOR SUPPLY AND USE OF LEBAYCID INSECTICIDE SPRAY BEARING THE LABEL 32996/0110 IN SA, VIC, TAS, ACT, QLD & NT 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 product LEBAYCID INSECTICIDE SPRAY (bearing a cancelled label) in SA, VIC, ACT, QLD & NT 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 the 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 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 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 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. The 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 on as follows; PER13841 Permit Version 4 Page 4 of 10

5 DIRECTIONS FOR USE (i) Prohibited Crop Uses The product 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 citrus (including oranges, lemons and grapefruit) 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 2 sprays per season on apples and pears or edible peel persimmons DO NOT apply more than 3 sprays per season on grapes, nectarines or plums DO NOT apply more than 5 sprays per season on tropical and subtropical fruits (inedible peel) (iii) Uses that may continue to be undertaken (and which may differ from the cancelled 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. CROP PEST STATE RATE WHP Apples, Pears Apples, Pears Fruit fly Qld 75 ml/100l 28 days Queensland fruit fly Codling moth Vic Vic, SA 150 ml/100 L 28 days 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. Apply full cover sprays, at a minimum 7 days interval, until 4 weeks before picking commences. Apply full cover sprays, at a minimum 7 days interval until 4 weeks before picking commences. 95 ml/100 L Apply a full cover spray every 2-3 weeks during the period of moth activity until 4 weeks before picking commences. PER13841 Permit Version 4 Page 5 of 10

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. CROP PEST STATE RATE WHP Apples, Pears - continued Lightbrown apple moth Rutherglen bug Wingless grasshopper Vic, SA Qld, Vic, SA Grapes Fruit fly Qld, NT Pawpaws (Papaya) Yellow peach moth 95 ml/100 L 28 days Vic 75 ml/100l Qld, NT 75 ml/100 L 21 days 75 ml/100 L 14 days 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. Apply a full cover spray every 2-3 weeks during the period of moth activity until 4 weeks before picking commences. Spray fruit trees when pests are first seen and repeat when they reinvade (at a minimum 7 days interval) until 4 weeks before picking commences. Also spray nearby weeds. Apply a full cover spray if hoppers infest fruit trees. Retreat if necessary at a minimum 7 days interval until 4 weeks before picking commences. Spray when pest is present, thorough coverage of fruit is essential. Apply cover sprays, at a minimum 7 days interval. DO NOT apply more than 3 sprays per season. Crop Safety: Crop safety (phytotoxicity and fruit blemishes) is not established/ proven for use at less than a 14 day interval. Apply a thorough cover spray as insect populations indicate. PER13841 Permit Version 4 Page 6 of 10

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. CROP Persimmons (American astringent inedible peel varieties ONLY) Persimmons (edible peel varieties) PEST Greenhouse thrips Queensland fruit fly and mealybug Queensland fruit fly and mealybug STAT E RATE WHP 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. Qld 90 ml/100 L 7 days Apply as a cover spray as required at a minimum 7 days interval with a maximum of 5 applications per season. DO NOT use this higher rate on edible peel varieties Qld, Vic NSW Qld, Vic 75 ml/100 L Spray when pest is present, thorough coverage of fruit is essential. Apply cover sprays, at a minimum 7 days interval, with a maximum of 5 applications per season. See Crop Safety and Compatibility. DO NOT use more than 5 sprays per season on inedible peel varieties of persimmon. 75 ml/100 L 14 days Cover sprays provide additional protection over fruit fly baiting. Apply a maximum of 2 sprays per season, at a minimum 10 days interval, if signs of fruit fly strike are seen, or monitoring numbers indicate that treatment is required. See Crop Safety and Compatibility. DO NOT use more than 2 sprays per season on edible peel varieties PER13841 Permit Version 4 Page 7 of 10

8 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. CROP PEST STATE RATE WHP Nectarines and Plums ONLY Tropical and subtropical fruits (inedible peel) 1 Lightbrown apple moth Oriental fruit moth Wingless grasshopper Queensland fruit fly Fruit fly Wingless grasshopper Vic, SA Vic, SA Vic Qld & Vic Qld, Vic, NT Vic 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. 75 ml/100 L 14 days Apply every 2 to 3 weeks during the period of moth activity.do NOT apply more than 3 sprays per season 75 ml/100 L 7 days (except guavas & pawpa ws 14 days) Apply every 2 to 3 weeks during the period of moth activity. Reapply if necessary at a minimum 7 days interval until 3 weeks before picking commences. DO NOT apply more than 3 sprays per season Apply a full cover spray if hoppers infest fruit trees. Reapply if necessary at a minimum 7 days interval until 3 weeks before picking commences. DO NOT apply more than 3 sprays per season Spray fruit thoroughly. Apply full cover sprays at a minimum 7 days interval, until 3 weeks before picking commences. DO NOT apply more than 3 sprays per season Spray when pest is present, thorough coverage of fruit is essential. Apply cover sprays, at a minimum 7 days interval. DO NOT apply more than 5 sprays per season Apply a full cover sprays at a minimum 7 days interval, if hoppers infest fruit trees. DO NOT apply more than 5 sprays per season 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 ). PER13841 Permit Version 4 Page 8 of 10

9 Non-Tree/Vine Crops CROP PEST STATE RATE WH P Capsicums Fruit fly Qld, NT, Vic 75 ml/100 L or 750 ml/ha CRITICAL COMMENTS 7 days Spray fruit thoroughly. Apply when first fruit changes colour from dark green to light green. Repeat every 14 days. Ornamentals Mealybug SA 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 days later. Post-harvest Treatment CROP PEST STATE RATE WHP CRITICAL COMMENTS Queensland Qld, Vic, 75 ml/100 L Nil fruit flies NT (postharvest (Quarantine treatment treatme ) nt ) Tropical and sub-tropical fruits (inedible peel) 2, Melons and watermelons 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. Hollow fruited chillies DO NOT dip or flood spray capsicums Do not dip hollow chillies as dip may enter cavity. These fruit should 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 inedible peel astringent varieties of persimmons ). PER13841 Permit Version 4 Page 9 of 10

10 Withholding Periods: Apples, Pears DO NOT harvest for 28 days after application Grapes, DO NOT harvest for 21 days after application Nectarines and Plums ONLY DO NOT harvest for 14 days after application Persimmons (American astringent inedible peel varieties ONLY) DO NOT harvest for 7 days after application Persimmons (edible peel varieties ONLY) DO NOT harvest for 14 days after application Capsicums DO NOT harvest for 7 days after application Tropical and sub-tropical fruits (inedible peel) including but not restricted to (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 ). DO NOT harvest for 7 days after application (ii) Pawpaw, Guava (inedible peel varieties ) DO NOT harvest for 14 days after application Post Harvest Dipping and Flood Sprays: Tropical and sub-tropical fruits (inedible peel varieties ONLY), Melons, Watermelons and hollow fruited chillies NOT REQUIRED WHEN USED AS DIRECTED (Flood spray and dip uses ) PER13841 Permit Version 4 Page 10 of 10

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 OF LEBAYCID INSECTICIDE SPRAY BEARING THE LABEL 32996/0110 IN WESTERN AUSTRALIA ONLY SECTION 114 OF THE AGRICULTURAL AND

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