1992—No. 490 (NSW)
1992—No. 490
STOCK FOODS ACT 1940—REGULATION
(Stock Foods Regulation 1992)
NEW SOUTH WALES
[Published in Gazette No. 105 of 28 August 1992]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Stock Foods Act 1940, has been pleased to make the Regulation set forth hereunder.
WAL MURRAY,
Acting Minister for Agriculture and Rural Affairs.
Citation
1 . This Regulation may be cited as the Stock Foods Regulation 1992.
Commencement
2. This Regulation commences on 1st September, 1992.
Definition
3. In this Regulation:
“the Act” means the Stock Foods Act 1940.
Sec. 3: definition of “By-products”
4. The following substances are declared to be by-products for the
purposes of the Act:
• Buttermilk and skim milk in semi-solid or powder form
• Lucerne meal• Hulls, husks and my other residue arising from the processing of
seeds for the purpose of extracting oil from the seeds
1992—No. 490
Sec. 3: definition of “Foreign ingredients”
5. (1) The substances, plants, parts of plants and seeds of plants referred to in Column 1 of Schedule 1 are declared to be foreign ingredients for the purposes of the Act.
(2) Urea is also declared to be a foreign ingredient for the purposes of
the Act.
Sec. 3: definition of “Stock”
6 . All vertebrate animals (including birds and fish) and all bees are
prescribed as stock for the purposes of the Act.
Sec. 3: definition of “Stock food”
7. Seeds of the kind referred to in Schedule 2 are declared to be stock
food for the purposes of the Act.
Sec 5: application fees in connection with the registration of stock food etc.
8. (1) For the purposes of section 5 (2) (b) of the Act, the prescribed
fee is $100.
(2) For the purposes of section 5 (2A) of the Act, the prescribed annual
fee is $40.
Sec. 5C: time for lodgment of appeal
9. For the purposes of section 5C (2) of the Act, the prescribed time is the period of 2 months after the notice of refusal or cancellation is duly served on the applicant or wholesale dealer concerned.
Sec. 6: labelling of stock food packages
10. (1) For the purposes of section 6 (2) (e) of the Act:
(a) the label attached to a package of any manufactured stock food or by-product must state the amount o f • any salt (sodium chloride), expressed by weight or as a percentage of the net weight of the stock food or by-product; and
• any foreign ingredient, expressed by weight or in parts per million of the net weight of the stock food or by-product; and
• any crude fat, expressed as a percentage of the net weight
of the stock food or by-product; and
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| (b) | the label attached to a package of meat meal must state the amount of the calcium or phosphorus, expressed as the maximum and minimum percentages of the weight of the meat meal; and |
| (c) | a label attached to a package of any manufactured stock food containing meat, offal or bone must, if it contains matter indicating that the contents of the package are fit for use as pet food, set out particulars indicating the species of animal from which the meat, offal or bone is derived. |
(2) For the purposes of subclause (1) (a):
| (a) | the stated amount of salt must be accurate to within 0.15 per cent of the net weight of the stock food or by-product; and |
| (b) | the stated amount of crude fat must be accurate to within 1.5 per cent (where it is stated to be 10 per cent or less) or 2.5 per cent (where it is stated to be more than 10 per cent) of the net weight of the stock food or by-product. |
Sec. 7: foreign ingredients
11. (1) The proportion or amount of any foreign ingredient referred to in Column 1 of Schedule 1 that may be contained in any stock food of a kind referred to in Column 2 of that Schedule must not exceed the proportion or amount referred to in Column 3 of that Schedule.
(2) The proportion or amount of urea that may be contained in any kind of stock food (other than a stock lick formed by heat fusion into a solid mass) must not exceed:
(a) 3 per cent by weight of the stock food; or
| (b) | if the label attached to the package in which the stock food is sold directs that the stock food be mixed with some other substance before it is used, 3 per cent by weight of the product formed by mixing the stock food with that other substance in accordance with the directions set out on the label. |
(3) The proportion or amount of urea that may be contained in a stock lick formed by heat fusion into a solid mass must not exceed 35 per cent by weight of the stock lick.
(4) The maximum residue limit of any substance in a stock food (within the meaning of the Commonwealth Standard) must not exceed the relevant maximum residue limit specified by that Standard.
(5) The Commonwealth Standard referred to in subclause (4) is the Standard published by the Australian Government Printing Service under
the title MRE Standard—Standard for Maximum Residue Limits of
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Pesticides, Agricultural Chemicals, Feed Additives, Veterinary Medicines and Noxious Substances”, as published (with amendments) in November
1987.
Sec. 10: exemption from giving invoice
12. For the purposes of section 10 of the Act, a vendor of stock food is
not required to give to the purchaser an invoice in either of the following
circumstances:
(a)
if the stock food, or the package containing the stock food, has attached to it a label that sets out the statements required by the Act to be stated in an invoice;
(b)
if the vendor (being a retailer) breaks open a duly labelled package of any stock food or by-product in order to sell a portion of the stock food or by-product without alteration or addition.
Sec. 21: taking of samples etc.
13. (1) For the purposes of section 21 (1) of the Act, a sample of stock food must weigh at least 3 kilograms or, if the bulk from which it is taken weighs less than 3 kilograms, must comprise the whole of the bulk.
(2) A sample may be taken from any part of the bulk and portions of a
sample may be taken from different parts of the bulk so long as the
portions are properly mixed before the sample is divided.
(3) For the purposes of section 21 (3) of the Act, delivery of a sample to an analyst may be effected by causing the sample to be sent to the analyst, by post or otherwise, in a tamper-proof package.
(4) A package is taken to be tamper-proof if it is of a design and construction approved by the Chief, Division of Animal Industries.
(5) For the purposes of section 21 (4) of the Act, the part of a sample retained by an inspector must be kept:
(a) in the possession of the inspector; or
(b)
in a place to which only the inspector, and persons authorised by the inspector, have access,
until the Chief, Division of Animal Industries, directs the inspector as to
the manner in which the sample is to be disposed of.
Standard quality for certain stock foods
14. Stock foods must comply with the following standards:
Bran must consist wholly of the outer skin or coating of the wheat
grain or berry, pure and without admixture of any kind, obtained in
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the usual commercial milling process from wheat from which all
impurities have been removed by cleaning and scouring.
Meat meal must consist wholly of the ground residue from animal tissue, and must be sufficiently fine:
(a)
to permit 99 per cent of it to pass through a metal sieve having square openings of 3.55 mm; and
(b)
to permit 95 per cent of it to pass through a metal sieve having square openings of 2.36 mm.
Pollard must consist wholly of the products of the wheat grain or
berry (other than flour or bran) obtained in the usual commercial
milling process from wheat from which all impurities have been removed, and must be sufficiently fine to permit at least 99 per cent of it to pass through a metal sieve having round openings of 1.5 mm in diameter.
Repeal
15. The Stock Foods Regulations 1940 are repealed.
SCHEDULE 1—FOREIGN INGREDIENTS
(C11. 5 , 11)
Column 1 Column 2 Column 3
Maximum Proportion
Foreign Ingredient Kind of Stock Food Allowed in a Sample
of 1 kg
Any substance of All stock foods None
whatever character in
itself deleterious to the
life or health of stock
| Any substance of All stock foods | None |
whatever character
added to stock food for
the purpose only of
increasing the weight
or bulk of the stock
food
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| Seeds (being free, or | Any stock food consisting |
enclosed in a capsule, wholly or in part of pod or other fruit) and any grain or of any bulbils of seed declared by clause
6 to be a stock food,
whether any such grain
or seed is whole or
crushedBurrs (Xanthium spp.) 2 seeds or 1 burr Cape tulips (Homeria None spp.)
Castor-oil plant None (Ricinus communis
L.)
Common heliotrope 10 seeds (Heliotropium europeaum L.)
Crow garlic (Allium 5 seeds or bulbils vineale L.)
Darnel (Lolium 10 seeds temulentum L.)
Dodder (Cuscuta spp.) None Hexham scent 10 seeds (Melilotus indicus
L.) All.
Jute (Corchorus 10 seeds olitorius)
Mexican poppy 10 seeds (Argemone mexicana
L. s. lat.)
Mintweed (Salvia 100 seeds reflexa Hornem.)
Nightshade (Solanum 1 fruit or 10 seeds spp.)
Opium poppy (Papaver None somniferum L.)
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Parthenium weed None (Parthenium
hysterophorus)
Rattle pod (Crotalaria None ssp.)
Sesbania pea (Sesbania 200 seeds cannibina (Retz.)
Poir.)
Skeleton weed 5 seeds (Chondrilla juncea
L.)
St John’s wort None (Hypericum
perforatum L. var.angustifolium DC.)
Thornapple (Datura 5 seeds spp.)
| Fluorine | Manufactured stock foods (other than stock licks) intended to be fed to: |
(a) dairy calves 120 mg per kg
(b) adult dairy cattle 400 mg per kg
(c) sheep 200 mg per kg (d) pigs 100 mg per kg (e) Poultry 350 mg per kg
Other stock foods which The proportion or amount are not complete stock set out on the label foods and which affixed to the package contain more than in accordance with 1 000 mg per kg section 6 of the Act
SCHEDULE 2—SEEDS DECLARED TO BE STOCK FOODS
(C1. 7)
Common Name Botanical Name
Bean
| • Adzuki | (Vignaffhhhfghhjgfgkfgkkkgffg |
angularis
(Willd.)
Ohwi
and
Ohashi)
• Broad (Vicia faba
var
major
Harz)
• French (Phaseolus vulgaris L.) • Horse (Vicia fabar
L.
var.
equina
Pers.)
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Mung (Vigna radiata (L.) Wilczek) • Soy (Glycine max (L.) Merr.) • Tick (Vicia faba var. minor Beck)
| Buckwheat | (Fagopyrum esculentum Moench) |
| Canola | (Brassica napus L. var. napus; Brassica rapa var. silvestris |
(Lam.) Briggs)
| Cotton | (Gossypiurn hirsuturn L.) |
| Lentil | (Lens culinaris Medik.) |
| Linseed | (Linum usitatissimum L.) |
| Lupin | (Lupinus albus L.; Lupinus angustifolius L; Luteus L.) |
| Pea |
• Chick (Cicer arietinum L.) • Cow (Vigna unguiculata (L.) Walp. ssp. unguiculata) • Field (Pisum sativum L. s. lat.)
| Peanut | (Arachis hypogaea L.) |
| Safflower | (Carthamus tinctorius L.) |
| Sunflower | (Helianthus annuus L.) |
| Vetch |
• Blanchefleur (Vicia sativa ssp. nigra (L.) Ehrh.) • Languedoc (Vicia sativa ssp. nigra (L.) Ehrh.) • Namoi (Vicia villosa ssp. dasycarpa (Ten.) Cav.) • Popany (Vicia benghalensis L.)
TABLE OF PROVISIONS
1. Citation
2. Commencement
3. Definition
4. Sec. 3: definition of “By-products”
5. Sec. 3: definition of “Foreign ingredients”
6. Sec. 3: definition of “Stock”
7. Sec. 3: definition of “Stock food”
8. Sec. 5: application fees in connection with the registration of stock food etc.
9. Sec. 5C: time for lodgment of appeal
10. Sec. 6: labelling of stock food packages
11. Sec. 7: foreign ingredients
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12. Sec. 10: exemption from giving invoice
13. Sec. 21: taking of samples etc.
14. Standard quality for certain stock foods
15. Repeal
SCHEDULE 1—FOREIGN INGREDIENTS
SCHEDULE 2—SEEDS DECLARED TO BE STOCK FOODS
EXPLANATORY NOTE
The object of this Regulation is to repeal and remake, with minor modifications, the provisions of the Stock Foods Regulations 1940. The new Regulation:
(a)
extends the meaning of several key definitions in the Stock Foods Act 1940;
(b) prescribes fees in connection with the registration of stock foods;
(c)
prescribes 2 months as the time within which an appeal against the refusal or cancellation of registration of a stock food must be lodged;
(d)
limits the proportion or amount of foreign ingredients that may be contained in stock foods;
(e) regulates the taking of samples of stock foods for analysis; and
(f) sets standards with which certain stock foods must comply.
This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
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