consultation paper: review of appendix j 2017 j and proposals to facilitate consistency in...

CONSULTATION PAPER: REVIEW OF APPENDIX J 2017

Inter-Jurisdictional Working Group Poisons Control | V12.3 May 2017 1

Consultation Paper

Review of Appendix J

Standard for the Uniform

Scheduling of Medicines

and Poisons May 2017



Table of Contents

1.0 Purpose of the Document ............................................................................................ 3

2.0 Commitment to the Review ......................................................................................... 3

3.0 Overview of Poisons Regulation ................................................................................. 4

4.0 Review of Appendix J ................................................................................................... 7

4.1 Discontinued uses ......................................................................................................... 7

4.2 Conditions ...................................................................................................................... 7

4.3 Discrepancies ................................................................................................................ 8

5.0 Other issues ................................................................................................................... 9

5.1 Reasons for an inclusion in Appendix J ..................................................................... 9

5.2 Complexities in implementing Appendix J controls .................................................. 9

6.0 Draft Proposals to amend Appendix J ..................................................................... 10

6.1 Proposal for updating Appendix J ............................................................................. 11

6.1.1 Poison rescheduling ....................................................................................... 11

6.1.2 Removal of outdated conditions ...................................................................... 12

6.1.3 Amending condition assigned to fluoroacetic acid, fluoroacetamide, 4-

aminopropiophenone and thallium .................................................................. 12

6.1.4 Identifying Appendix J poisons that should only be used for analytical or

research purposes .......................................................................................... 13

6.1.5 Appendix J poisons that represent a significant risk to public health ............... 14

6.1.6 Amend title of Appendix J ............................................................................... 15

6.1.7 Appendix J Poison Management Guideline .................................................... 15

6.2 Proposal to develop scheduling factors for inclusion of poisons in Appendix J 16

Attachment 1: Decision RIS Options .......................................................................................... 17

Attachment 2: Part 2 Appendix J – current conditions ............................................................ 19

Attachment 3: Appendix J poisons subject to International conventions .............................. 22

Attachment 4: Poisons for analytical or research use only ..................................................... 23

Attachment 5: Proposed Appendix J .......................................................................................... 24



1.0 Purpose of the Document

The purpose of this document is to seek comment from stakeholders regarding draft

proposals to amend Appendix J of the Standard for the Uniform Scheduling of Medicines

and Poisons (SUSMP), also known as the Poisons Standard.

This consultation paper provides an overview of the key issues associated with the existing

Appendix J and proposals to facilitate consistency in implementing controls for chemicals

included in Appendix J into the future.

Feedback to the draft proposals contained in this paper is invited from all stakeholders.

Feedback can be provided either by written submission or by completing the “Appendix J

Consultation Response Form” online via the Queensland Health website:

https://www.health.qld.gov.au/system-governance/licences/medicines-poisons/legislation-

standards/poisons

The due date for stakeholder feedback is 19 July 2017.

2.0 Commitment to the Review

This review of Appendix J completes the actions that were agreed to by the Australian

Health Ministers Advisory Council (AHMAC)1 to achieve national consistency of controls on

poisons in response to the Productivity Commission Research Report on Chemicals and

Plastics Regulation (the Report), July 2008. Recommendation 5.2 of the Report stated that

State and Territory Governments should:

adopt poisons scheduling decisions made by the Department of Health and Ageing

directly by reference, as published in the Standard for the Uniform Scheduling of

Medicines and Poisons (SUSMP)

uniformly adopt regulatory controls for poisons through either a template or model

approach, as published in the SUSMP

The Decision Regulation Impact Statement: Strategies to implement a national approach to

poisonous chemical controls2 (Decision RIS) commissioned to identify the approach to meet

1 AHMAC is responsible for the oversight of a national approach to regulatory policy and administrative protocols

relating to the availability of accessibility of medicines and chemicals in Australia. 2 A copy of the Decision RIS can be found at

https://www.health.qld.gov.au/__data/assets/pdf_file/0020/444251/national-approach-poisonous-chem.pdf

https://www.health.qld.gov.au/system-governance/licences/medicines-poisons/legislation-standards/poisons

https://www.health.qld.gov.au/system-governance/licences/medicines-poisons/legislation-standards/poisons

https://www.health.qld.gov.au/__data/assets/pdf_file/0020/444251/national-approach-poisonous-chem.pdf



recommendation 5.2 of the Productivity Report, proposed 12 options to address the

regulatory control issues identified for Schedule 5, 6 and 7 poisons (Attachment 1). These

included changes to the requirements for storage, disposal, labelling, packaging, record

keeping, advertising, hawking/supply, in addition to strengthening the decision making

framework around prohibition of sale, supply and use of substances. The Decision RIS

supports the retention of Appendix J, provided that a review of the chemicals is undertaken

and the list is updated.

The Inter-jurisdictional Working Group on Poisons Control (IJWGPC)3 was established under

the auspices of AHMAC to progress the Decision RIS options. AHMAC and the former

Standing Council on Health (SCOH) endorsed the 12 options proposed by the Decision RIS

for implementation. All Decision RIS options, with the exception of the Appendix J review

have been completed. Amendments to Parts 1-3 of the SUSMP were made in 2015.

3.0 Overview of Poisons Regulation

The poisons control framework was established to address identified public health risks

associated with the exposure to poisons at a time when other regulators of workplaces,

environment, food, agriculture and quarantine were not prominent or were non-existent.

Traditionally, the role of health departments was predominantly concerned with the

management of public health risks.

Each State and Territory developed their own laws governing how poisons were to be

managed in response to local issues, although there was some cooperation between

jurisdictions to manage certain nation-wide poison-related risks posed by veterinary,

agricultural and industrial chemicals. Some of these historical legislative frameworks are still

in use today e.g. Queensland Health Act 1937.

In 1955, the Committee of Poisons Schedules developed uniform model regulations for

adoption with controls over elements common to all jurisdictions (relating to the labelling,

packaging and sale of poisons) and national schedules for medicines and poisons were

developed. State and Territory governments then implemented the scheduling decisions

(including controls in Appendices) in their respective legislation.

3 The Group is chaired by Ms Sophie Dwyer, Executive Director Health Protection Branch, Queensland

Department of Health and membership consists of health representatives who are responsible for poisons

regulation in New South Wales, Victoria, South Australia, Western Australia, Northern Territory, Tasmania,

Australian Capital Territory and Commonwealth.



The process for medicines and chemical scheduling has become formalised through the

Therapeutics Goods Act 1989 and outcomes (scheduling decisions) are contained in the

SUSMP which is a commonwealth legislative instrument. State and Territory governments

are responsible for implementing the scheduling decision (including controls in Appendices)

in their respective legislation.

The SUSMP is supported by the Scheduling Policy Framework (SPF) which is a “guidance

document developed by AHMAC, for decision makers within the Commonwealth Department

of Health, members of the advisory committees on medicines and poisons scheduling as

well as stakeholders interested in the scheduling process” (DOH, 2005).

The Secretary to the Department of Health is required under the Therapeutics Goods Act

1989, to comply with the requirements of the SPF. The SPF contains information on the

scheduling process such as criteria for classification of a poison in each Schedule,

guidelines for amending the SUSMP, requirements for making scheduling applications, the

public consultation process and use of confidential information.

The classification of a poison into a schedule controls its access and a poison may be

included in a number of different schedules depending on its concentration or use. The

higher the number of the schedule, the more restrictive the controls that apply. A poisons

schedule is not routinely reviewed unless a specific application for a review is made e.g. in

response to a change to the use pattern or risk.

S7 poisons have been assessed as being too dangerous to permit for domestic use. The

following factors are considered in the scheduling process for S7 poisons. They are not in

any order of priority and a substance is not required to meet all of the criteria.

1. The substance has a high to extremely high toxicity.

Acute oral LD50 (rat) is 50 mg/kg or less. Acute dermal LD50 is 200 mg/kg or less.

Acute inhalation LC50 (rat) is 500 mg/m3 (4 hours) or less. Dermal irritation is

corrosive. Eye irritation is corrosive.

2. The substance has a high health hazard.

The substance presents a severe hazard from repeated, and unprotected use or a

significant risk of producing irreversible toxicity, which may involve serious, acute or

chronic health risks or even death if it is inhaled, taken internally or penetrates the

skin.



3. The dangers of handling the poison are such that special precautions are

required in its manufacture, handling or use.

The substance is too hazardous for domestic use or use by untrained persons and

requires restrictions on its availability, possession or use.

4. The substance has a high potential for causing harm at low exposure.

The substance should be available only to specialised or authorised persons who

have the skills necessary to handle the substance safely. Restrictions on its

availability, possession, storage or use apply.

There are currently eighty (80) S7 poisons which have been identified as requiring additional

controls on their availability and use and these are identified by their inclusion in Appendix J.

Most of these poisons have uses relating to industrial, manufacturing, agricultural,

veterinary, research and analytical purposes.

Part 1 of Appendix J lists conditions for availability and use while Part 2 lists the S7 poisons

and their specified conditions (Attachment 2).

The current Appendix J conditions include:

1. Not to be available except to authorised or licensed persons

2. Not to be used in printing inks

3. Not to be used except by or in accordance with the directions of accredited

government vermin control officers.

4. Not to be used in industries which handle, process or store foods, animal feeds or

packaging materials.

States and Territories use Appendix J to inform regulatory controls and practices.

While the poisons regulatory system was historically established by health departments to

manage risk, health agencies have devolved some health-protection related responsibilities

to co-regulators as agency roles and responsibilities became more defined. However, it was

recognised that co-regulators are not responsible for the protection of public health and

where significant risks have been identified, management responsibility is retained by health

agencies.



4.0 Review of Appendix J

In response to the Decision RIS recommendation to review Appendix J, the IJWGPC

undertook an internal review of Appendix J (the Review) to examine the contemporary use

patterns and availability of Appendix J poisons and to develop criteria to use for inclusion of

S7 poisons in Appendix J. Consideration was also given to how the controls could be

administered.

4.1 Discontinued uses

The Review revealed that the use patterns for 27 of the 80 Appendix J poisons

(Attachment 4) have changed over time due to factors such as:

Being subject to international conventions4 to which Australia is a party

Being banned based on evidence of harm to people and/or the environment

No longer registered for pesticide and veterinary uses with the Australian Pesticides

and Veterinary Medicines Authority (APVMA)

These poisons were not identified as having a use beyond analytical or research purposes.

The use of a poison in this context does not pose a significant public health risk although

some of them are still permitted for use or are being manufactured in other countries.

Therefore the possibility of unlawful supply and possession of these poisons and potential

public health risk in Australia remains.

Regulatory agencies would benefit from additional guidance on poisons subject to national

or international restrictions to ensure appropriate controls are applied.

4.2 Conditions

Appendix J includes four conditions, although only two of the conditions are applied as per

Table 1 below.

4 Annex III of the Rotterdam Convention, Schedule 3 of the Chemical Weapons Convention, Montreal

Convention, Stockholm Convention – See Attachment 3 for poisons subject to conventions



Table 1: Listed conditions of Appendix J

# Condition Condition status

1 Not to be available except to authorised or licensed

persons

In use

2 Not to be used in printing inks Not in use

3 Not to be used except by or in accordance with the

directions of accredited government vermin control

officers.

In use

4 Not to be used in industries which handle, process or

store foods, animal feeds or packaging materials

Not in use

Condition 1 applies to 76 of the 80 poisons while condition 3 applies only to

4 -aminopropiophenone, fluoroacetic acid, fluoroacetamide and thallium.

Condition 3 is outdated with respect to current vertebrate pest management practices and

terminology. The intent of the control to limit the use of the specified Appendix J poisons is

supported by State and Territory vertebrate pest management frameworks that identify

persons accessing and using these poisons.

4.3 Discrepancies

The Review identified some issues with the listed Appendix J poisons which should be

reconsidered by the delegate of chemical scheduling. These are:

Trichloroisocyanuric Acid – no longer has an S7 listing and thus does not meet the

current inclusion requirements for Appendix J

4-dimethylaminoazobenzene – an intermediate for manufacture of azo dyes and

could be included in the current broader review of the scheduling of azo dyes for

consistency

Cyanide, strychnine, thallium, fluoroacetic acid, fluoroacetamide, hydrocyanic acid

and arsenic - these poisons were previously listed in Part 3 paragraph 41 of the

SUSMP as poisons representing such a risk to public health that persons seeking to

possess and use them had to hold specific authorisation from an appropriate

authority. An inadvertent omission in 2015 removed the additional control over

possession from the current version of the SUSMP. The controls need to be

reinstated to ensure the continued management of public health risk.



5.0 Other issues

5.1 Reasons for an inclusion in Appendix J

While the SPF contains the factors to be considered for inclusion of a poison in the

schedules, it does not contain factors to guide when a poison should be included in

Appendix J. There is no accessible documented list of reasons why a poison was included in

Appendix J to enable consideration by this Review. In many cases the level of detail

contained in available archived decision documents is insufficient to determine why a poison

was included and what factors were considered.

This lack of guidance may have led to some inconsistency in the application of higher

controls on some poisons by jurisdictions.

5.2 Complexities in implementing Appendix J controls

The SUSMP focusses on placing restrictions on poisons that have the potential for risk to

public health and safety.

As other legislative portfolios have developed over time the role of co-regulators and the

intersection between health department controls and those of emerging legislative portfolios

has sometimes become unclear.

Challenges exist for regulatory bodies to establish a flexible and responsive system that

enables management of poisons with multiple purposes and use patterns that create

different public health risks. Some Appendix J poisons previously had multiple uses and

cross multiple government portfolios (e.g. thallium had an agricultural as well as an industrial

use). Other Appendix J poisons may be used in places where there is greater risk to public

health. For example, cyanide is used in manufacturing processes but is also used in

activities such as electroplating or metal cleaning that may be undertaken at a residential

dwelling where there is risk of public exposure. Health agencies retained the management

responsibility of poisons such as cyanide.

Poisons controls published in the SUSMP are generally outcome-based to enable adoption

by all jurisdictions. Due to the nature of differences in jurisdictional agencies’ regulatory

responsibilities and local legislative frameworks, different methods of implementation to

achieve SUSMP outcomes are evident.



For example, Appendix J requires that some poisons are not available except to authorised

or licensed persons. Jurisdictions differ as to the type of authorisation provided, which

agency is responsible, the application process and minimum requirements e.g. training or

land uses considered for authorisation, and conditions assigned to the authorisation

instrument.

Authorisations can take many forms such as:

Physical authorisation – licence or other such instrument where application is made to

the authorising agency and the applicant is provided with a

physical authorisation document

Legislative authorisation – legislation can exempt certain occupations or activities from

requiring an authorisation; or

– legislation permits certain activities without a physical

authorisation (“as of right” authority)

Some State and Territory Health Departments issue licenses or similar instruments

authorising the use of Appendix J poisons. In other States, non-health agencies are

responsible for this function. Queensland Health issues individuals with an authorisation to

obtain, possess and use fluoroacetic acid and fluoroacetamide while in Western Australia

the Department of Agriculture and Food issues baiting permits to people trained to handle

and use these poisons safely.

The findings of the Review indicate that a guideline document about how Appendix J

controls can be applied may assist jurisdictions achieve uniformity in application of controls

to achieve consistent outcomes.

6.0 Draft Proposals to amend Appendix J

The draft proposals made by IJWGPC are in response to the Decision RIS option and the

issues discussed in this paper.

The intent of the draft proposals is to maintain and enhance the regulatory framework to

reflect contemporary use patterns, promote nationally consistent implementation of

Appendix J controls and to provide clarity for regulators of S7 poisons and industry

stakeholders. Attachment 5 contains an updated Appendix J that incorporates the

recommended amendments discussed in this section.



You are invited to provide feedback on the following draft proposals. These are an indication

of the approach that may be taken and do not represent a final policy position. The final

policy position will also include consideration of the information obtained through the

consultation process. The decision in this regard will be made by AHMAC.

6.1 Proposal for updating Appendix J

When considering the following draft proposals, any change to the scheduling or controls on

existing listed poisons may require consideration by Secretary to the Department of Health

(or the Delegate) following consultation with the Advisory Committee for Chemical

Scheduling (ACCS). In all circumstances, the process will be undertaken in accordance to

the requirements of the SPF.

6.1.1 Poison rescheduling

6.1.1.1 Trichloroisocyanuric acid

Appendix J is only applicable to those poisons included in Schedule 7. The IJWGPC

identified that Trichloroisocyanuric acid no longer has an S7 listing.

The review will be undertaken in accordance with requirements of the SPF.

Proposal

6.1.1.2 4-dimethylaminoazobenzene

The ACCS has recently completed a scheduling process which has seen the addition

of azo dye entries into Schedule 7. As 4-dimethylaminoazobenzene is another azo

dye, it should also be reviewed to determine if it should remain in Appendix J.

Proposal

Trichloroisocyanuric acid be removed from Appendix J as it no longer fits the criteria for

inclusion in Appendix J.

The inclusion of 4-dimethylaminoazobenzene in Appendix J be reviewed by the Advisory

Committee on Chemicals Scheduling.



6.1.2 Removal of outdated conditions

Two of the four controls specified in Appendix J Part 1 are no longer used to manage risk.

Conditions are assigned to a poison in the scheduling process. Any conditions that are no

longer relevant should be removed.

Proposal

6.1.3 Amending condition assigned to fluoroacetic acid,

fluoroacetamide, 4-aminopropiophenone and thallium

Condition 3 of Appendix J Part 1, “not to be used except by or in accordance with the

directions of accredited government vermin control officers”, is no longer considered

appropriate, as use patterns for the associated poisons have changed.

All States and Territories require an authorisation process for individuals seeking to use

these poisons. This use may be either in accordance with the label requirements or under

the written conditions of a person authorised to provide baits or poison to them.

Fluoroacetic acid, fluoroacetamide and 4-aminopropiophenone do not have any identified

uses other than vertebrate animal control. Adjusting the control so that the poison is not

available to unauthorised persons preserves the intent to limit its access while allowing for

changes to the use pattern.

Thallium has a condition 3 control assigned despite it being no longer approved for vermin

control. Nevertheless it has other industrial applications and a control on availability,

possession and use that limit its availability to authorised persons would be more

appropriate.

In effect, this constitutes removal of current condition 3 and the application of condition 1 on

these poisons. This change in availability will be further supported by the reinstatement of

the former paragraph 41 control which required approval from an appropriate authority in

order to possess and use this poison (see 6.1.5).

Conditions 2 and 4 listed in Appendix J Part 1 be removed because they are intended to

manage risks associated with obsolete uses or outdated practices.



Proposal

6.1.4 Identifying Appendix J poisons that should only be used for

analytical or research purposes

The use patterns for 27 of the 80 Appendix J poisons (Attachment 4) have changed over

time as a result of being banned, subject to international conventions or removal of

registration as a pesticide. The limitation on the use of these 27 poisons to analytical or

research should be identified through Appendix J. This would support consistent

implementation of restrictions and alert regulators to limit the use of poisons in accordance

with international conventions to which Australia is a party or other restrictions.

This process would not constitute a change to condition although a further review of these

poisons could be initiated at a later date.

Proposal

The condition for fluoroacetic acid, fluoroacetamide, 4-aminopropiophenone and thallium

be amended from condition 3 to condition 1 to reflect the need for their availability to be

restricted to authorised persons.

The 27 poisons listed in Attachment 4 be identified in Appendix J as being restricted to

use for analytical or research purposes only.



6.1.5 Identifying Appendix J poisons that represent a significant risk to

public health and reinstating control

An update of the SUSMP in 2015 saw the inadvertent removal of the following control that

was included in the former Part 3 section 41(3):

Schedule 7 poisons

41. (1) …

(2) …..

(3) A person must not possess or use any of the following Schedule 7 poisons

unless he or she is authorised to do so by the appropriate authority:

Arsenic

Cyanides

Fluoroacetic acid

Fluoroacetamide

Hydrocyanic acid

Strychnine

Thallium.

(4) ….

The use patterns of these seven poisons present an unacceptable level of public health risk

and therefore require additional controls in relation to both the possession and use. It is

therefore proposed that the controls for the above seven poisons be reinstated.

Proposal

The seven (7) poisons previously identified in the former Part 3, 41(3) of the SUSMP as

being of extreme risk due to use patterns be once again specifically identified in Appendix

J as requiring authorisation by the appropriate authority to possess and use.



6.1.6 Amend title of Appendix J

The current title of Appendix J “Conditions for availability and use of Schedule 7 Poisons”

does not adequately reflect the intent of the Appendix. In accordance with the proposed

changes there is value in amending the title to provide more clarity on the purpose of the

Appendix.

Proposal

6.1.7 Appendix J Poison Management Guideline

States and Territories have developed regulatory controls based on the outcome based

controls as per Appendix J. Differences in legislative frameworks and authorising

environments have led to some variation in the implementation of the controls.

Providing guidance about the intent of the controls and regulatory options would assist to

clarify the policy intent for regulators, co-regulators and industry.

Proposal

Appendix J be renamed to “Schedule 7 Poisons Requiring Additional Controls on

Availability and Use”.

A guideline be developed to support jurisdictional interpretation and implementation of

Appendix J controls.

The guideline is likely to include information such as:

advice on the intended outcome and practical application of the authorisation

process

advice on the intended outcome and practical application of controls on poisons

identified in Appendix J for restricted availability and use

recommended situations for jurisdictional consultation relating to poisons use

definitions of terms associated with and relevant to Appendix J controls



6.2 Proposal to develop scheduling factors for inclusion of

poisons in Appendix J

The rationale for applying additional controls on S7 poisons is considered as part of the

review of Appendix J.

Controls are needed to protect the public, including workers, where and when the risk of

harm is considered significant under conditions of normal use of the poison. This harm may

be associated with exposure during handling and preparation or during application, e.g.

when used in baits that may be accessed unknowingly by members of public. Some poisons

require specialised skills to ensure the safe application of the poison. This often involves the

completion of an accredited training course. Limiting access to a poison to only those

persons with the necessary skill set is an effective method of risk mitigation.

Severe or irreversible harm can sometimes be caused by exposure to a poison without the

user being aware of being exposed (acute or chronic) or without the presentation of physical

symptoms during or post exposure. Persons using these dangerous poisons must

understand the risk associated with their use to ensure that care and appropriate risk

mitigation measures are taken at all times.

Exposure to a poison may occur directly or indirectly. Some poisons have greater potential

for non-users (e.g. bystanders) to be exposed and these poisons require tighter additional

controls particularly if irreversible injury is a consequence of exposure.

The inclusion of a poison in Appendix J enables regulators to impose restrictions such as

limiting use, suitability of the person to have such access, their skills and knowledge,

protective measures and the location of the activity, prior to access to the poison being

permitted.

Proposal

The following criteria be adopted as factors for including a S7 poison in Appendix J:

1. Significant, or potential to cause, severe and possible irreversible injury that may

occur without the individual being aware of exposure – whether that is a single or

repeated exposure or a low or high dose exposure.

2. Specialised skills and/or equipment are required to mitigate the risks of using the

poison.

3. The patterns of use of the poison pose an unacceptable risk resulting from direct

or indirect exposure to the public.



Attachment 1: Decision RIS Options

Regulatory Control Details and impact

Storage of Schedule 5

chemicals

Remove existing provisions or controls

This option would mean that there are no explicit regulatory

controls over the storage of Schedule 5 chemicals outlined

in a national standard.


chemicals

Adopt an outcome-based control

This option will achieve a nationally consistent approach

that retains flexibility for business.


chemicals

Adopt an outcome-based control, with a prescriptive

‘deemed to comply or satisfy’ provision.

The impact of this option would be that Schedule 7

chemicals are kept in a facility or area which is secured,

along with detailed guidance provisions for how this may be

implemented.

Disposal of Schedule 5, 6 &

7 chemicals

Adopt an outcome-based control for disposal

Reduction in the overall amount of regulation covering

chemicals, while still requiring that public and environmental

health and safety standards are upheld.

Labelling of Schedule 5, 6 &

7 chemicals

Implement the labelling provisions of the SUSMP as they

are written with no additions

This option would achieve greater national consistency

while still achieving the objective of the regulatory control.

There is not expected to be any additional regulatory burden

for businesses in the majority of States and, for Tasmania,

the Australian Capital Territory and New South Wales, the

increase in regulatory burden would be minimal.

Packaging of

Schedule 5, 6 &

7 chemicals

Implement the provisions of the SUSMP as they are written

with no additions

For jurisdictions that offer alternatives, or include additional

requirements, the impact of adopting the SUSMP would be

minimal while still achieving the objective of the control.

Record keeping

of Schedule 5, 6

& 7 chemicals

Adopt a prescriptive control

Minimal impact: the majority of jurisdictions currently require

the listed details and the period of retention aligns with the

requirements of the Australian Tax Office.



Regulatory Control Details and impact

Advertising of

Schedule 5, 6 &

7 chemicals

Remove existing provisions or controls

This option would achieve national consistency. It is unlikely

that removal of this control would have a material impact on

consumers or businesses in Queensland

Hawking/Supply

of product

samples of

Schedule 5, 6 &

7 chemicals

Adopt a prescriptive control

This option is preferred because it would deliver national

consistency of control; it would not represent a material

regulatory increase in the Australian Capital Territory or the

Northern Territory, and it would maintain an acceptable level

of benefit to consumers in terms of restricting access to

chemicals by children.

Appendix C Adopt a prescriptive control

This option would involve removing Appendix C from the

SUSMP and creating a new Schedule of chemicals in the

SUSMP.

The impact of this decision on business would be minimal –

it is not expected that the levels of control will materially

change with the creation of a new Schedule.

Appendix I Implement the provisions of the SUSMP as they are written

with no additions

This option will achieve national consistency with minimal

change from States and Territories, and is an appropriate

level of control over dangerous chemicals in paints.

Appendix J Adopt a prescriptive standard

This option will achieve national consistency, and includes a

requirement to review, evaluate and update the chemicals

that are currently included in Appendix J.



Attachment 2: Part 2 Appendix J – current conditions

Condition 1 - Not to be available except to authorised or licensed persons

Condition 3 - Not to be used except by or in accordance with the directions of

accredited government vermin control officers.

POISON CONDITION

Abamectin 1

Acibenzolar-s-methyl 1

Acrolein 1

Acrylonitrile 1

Alachlor 1

Allyl Alcohol 1

4-Aminopropiophenone 3

4-Aminopyridine 1

Arprinocid 1

Arsenic 1

Azocyclotin 1

Benzene 1

Bifluoride 1

Boron Trifluoride 1

Brodifacoum 1

Bromadiolone 1

Bromine 1

Brucine 1

Calciferol 1

Captafol 1

Carbadox 1

Carbon Tetrachloride 1

Carbonyl sulfide 1

Chlordecone 1

Chlordimeform 1

Chlorine 1

Chloromethiuron 1

Chloropicrin 1

4-Chloro-o-toluidine 1



POISON CONDITION

Colecalciferol 1

Coumatetralyl 1

Cyanogen 1

Cyhexatin 1

4,4, Diaminodiphenylmethane 1

1,2-Dibromo-3-chloropropane 1

1,3-Dichloropropene 1

Difenacoum 1

4-dimethylaminoazobenene 1

Dinitrocresols 1

Dinitrophenols 1

Dinoseb 1

Epichlorohydrin 1

Epidermal growth factor 1

Etaconazole 1

Ethylene Dibromide 1

Ethylene Oxide 1

Fluoroacetamide 3

Fluoroacetic acid 3

Folpet 1

Halofuginone 1

Halogenated Dibenzodioxins and

Dibenzofurans

1

HCB 1

Hydrocyanic acid and cyanides 1

Hydrofluoric acid 1

Hydrosilicofluoric acid 1

Iodomethane 1

Maduramicin 1

Mercury 1

Methacrifos 1

Methoxyethylmercuric acetate 1

Methoxyethylmercuric chloride 1

Methyl bromide 1



POISON CONDITION

4,4’-Methylenebis[2-chloroaniline] 1

Mirex 1

Molinate 1

Nicotine 1

Nitrofen 1

Phenylmercuric acetate 1

Phosphides, metallic 1

Phosphine 1

Propylene oxide 1

Pyrinuron 1

Strychnine 1

Sulcofuron 1

Tetrachloroethane 1

2,2,6,6-tetraisopropyl-diphenyl-carbodiimide 1

Thallium 3

o-Tolidine 1

Trichloroisocyanuric acid 1

Vinyl Chloride 1



Attachment 3: Appendix J poisons subject to International

conventions

Poison Convention

Alachlor Annex III Rotterdam Convention (banned or severely restricted

Captafol Annex III Rotterdam Convention (banned or severely restricted

Carbon tetrachloride Montreal Protocol (ozone depleting substance)

Chlordecone Stockholm convention (reduce or eliminate POPs)

Chlordimeform Annex III Rotterdam Convention (banned or severely restricted

Chloropicrin Schedule 3 Chemicals Weapons Convention

Dinoseb Annex III Rotterdam Convention (banned or severely restricted

Ethylene Oxide Annex III Rotterdam Convention (banned or severely restricted

Fluoroacetamide Annex III Rotterdam Convention (banned or severely restricted

Halogenated dibenzofurans and dibenzodioxins

Stockholm convention (reduce or eliminate POPs)

HCB

Stockholm convention (reduce or eliminate POPs)

Annex III Rotterdam Convention (banned or severely restricted

Hydrocyanic acid and cyanides Schedule 3 Chemicals Weapons Convention

Mercury Annex III Rotterdam Convention (banned or severely restricted

Methyl bromide Montreal Protocol (ozone depleting substance)

Mirex Stockholm convention (reduce or eliminate POPs)



Attachment 4: Poisons for analytical or research use only

1. Alachlor 2. Arpinocid

3. Azocyclotin

4. Captafol

5. Carbadox

6. Carbon tetrachloride

7. Chlordecone

8. Chlordimeform

9. Chlormethiuron

10. 4-chloro-o-toluidine

11. Cyhexatin

12. 1,2-Dibromo-3-chloro-propane

13. Dinitrocresols

14. Dinitrophenols

15. Dinoseb

16. Epidermal Growth Factor

17. Etaconazole

18. Ethylene Dibromide

19. Folpet

20. Halogenated Dibenzodioxins and Dibenzofurans

21. Halofuginone

22. HCB

23. Methyoxyethylmercuric actetate

24. Mirex

25. Nitrofen

26. Pyrinuron

27. Sulcofuron



Attachment 5: Proposed Appendix J

Controls for listed Appendix J poisons apply only when the poison is included in Schedule 7

and may be implemented through poisons controls or other State or Territory legislation5.

PART 1 – Poison Availability

All poisons included in this Appendix are not to be available except to authorised or licensed

persons6.

PART 2 – Poison Use

The use of a poison may be restricted for a particular purpose7.

Licensing or authorisation processes should reflect any restricted uses specified by the

scheduling process.

5 This Appendix should be read in conjunction with the AHMAC guide to Appendix J Controls.

6 Poisons marked with ‘p’ have been identified as representing a significant risk to public health. Additional

access restrictions must be applied through an authorisation or licensing process which includes a case by case

assessment of risks to public health.

7 Poisons marked with ‘a’ must only be used for analytical or research purposes.

Poison Authorisation considerations

Abamectin

Acibenzolar-s-methyl

Acrolein

Acrylonitrile

Alachlor a

Allyl Alcohol

4-aminopropiophenone p

4-aminopyridine

Arprinocid a

Arsenic p

Azocyclotin a

Benzene

Bifluoride

Boron Trifluoride

Brodifacoum

Bromadiolene




Bromine

Brucine

Calciferol

Captafol a

Carbadox a

Carbon Tetrachloride a

Carbonyl sulfide

Chlordecone a

Chlordimeform a

Chlorine

Chloromethiuron a

Chloropicrin

4-Chloro-o-toluidine a

Colecalciferol

Coumatetralyl

Cyanogen

Cyhexatin a

4,4-Diaminodiphenylmethane

1,2-Dibromo-3-chloropropane a

1,3-Dichloropropene

Difenacoum

Dinitrocresols a

Dinitrophenols a

Dinoseb a

Epichlorhydrin

Epidermal Growth Factor a

Etaconazole a

Ethylene Dibromide a

Ethylene Oxide

Fluoroacetamide p

Fluoroacetic acid p

Folpet a

Halofuginone a




Halogenated Dibenzodioxins and

Dibenzofurans

a

HCB a

Hydrocyanic Acid and cyanides p

Hydrofluoric acid

Hydrosilicofluoric acid

Iodomethane

Maduramicin

Mercury

Methacrifos

Methoxyethylmercuric acetate a

Methoxyethylmercuric chloride

Methyl Bromide

4,4’-Methylenebis[2-chloroaniline]

Mirex a

Molinate

Nicotine

Nitrofen a

Phenylmercuric acetate

Phosphide, metallic

Phosphine

Propylene oxide

Pyrinuron a

Strychnine p

Sulcofuron a

Tetrachloroethane

2,2’6,6’-Tetraisopropyl-diphenyl-

carbodiimide

Thallium p

Ortho-tolidine

Vinyl chloride

consultation paper: review of appendix j 2017 j and proposals to facilitate consistency in...

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