Agricultural and Veterinary Chemicals Code Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 111 1

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Agricultural and Veterinary Chemicals Code Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Agricultural and Veterinary Chemicals Code Act 1994.

Dated 13 June 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN ANDERSON

Minister for Primary Industries and Energy

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1.   Amendment

1.1   The Agricultural and Veterinary Chemicals Code Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 46 (Supply of chemical product—batch number or record of supply)

2.1   After subregulation 46 (1), insert:

 “(1A) Subregulation (1) does not apply to a chemical product in relation to which, or in relation to containers for which, registration or approval of a label by the previous registering authority was in force immediately before the commencement of the Code, if:

• (a)

  the chemical product was manufactured before 1 October 1996; and

• (b)

  the label as registered or approved does not contain provision for a batch number; and

• (c)

  under paragraph 174 (1) (c) or 176 (1) (d) or subsection 176 (2) of the Code, the label is taken to have been approved in relation to the chemical product; and

• (d)

  when the chemical product is supplied—a label in the form taken to be approved under the Code is attached to it.

 “(1B) Subregulation (1) does not apply to a chemical product that:

• (a)

  was manufactured before 1 October 1996; and

• (b)

  is required to be registered under the Code; and

• (c)

  immediately before the commencement of the Code, was not required to be registered or approved under a corresponding previous law.

 “(1C) Subregulations (1A) and (1B) cease to have effect on 30 April 1998.”.

2.2   Paragraph 46 (2) (c):

Add at the end:

• “; (viii)

  if the product is supplied in a refillable container—the date on which the product was placed in the container.”.

3.   Regulation 47 (Supplier of hormonal growth promotants)

3.1   Omit the regulation, substitute:

Notice of intention to supply hormonal growth promotant

 “47. (1) If a person gives notice in writing to the NRA:

• (a)

  declaring the person’s intention to supply a hormonal growth promotant; and

• (b)

  specifying each premises from which the person intends to supply the promotant;

the NRA must assign, on payment of the prescribed application fee, a unique notification number to the person for each of those premises.

 “(2) The prescribed application fee is $200 for each premises specified in the notice.

Notification number may be replaced or withdrawn

 “47A. The NRA may, at any time, by notice in writing to the assignee of a notification number for particular premises:

• (a)

  without payment of a fee, assign a notification number for the premises in place of a notification number previously assigned; or

• (b)

  if it appears to the NRA that the premises are no longer used for the supply of a hormonal growth promotant—withdraw the assigned notification number.

Notification number to be renewed annually

 “47B. (1) Assignment of a notification number:

• (a)

  begins to have effect on the day of the assignment; and

• (b)

  unless continued under subregulation (2)—ceases to have effect at the end of 1 year after that day.

 “(2) A person to whom a notification number has been assigned for premises may continue the assignment of that number for those premises by giving notice in accordance with subregulation 47 (1), and paying the prescribed fee under subregulation 47 (2), on or before the day on which the assignment ceases to have effect.

Hormonal growth promotant not to be supplied, etc.

 “47C.(1)Except with reasonable excuse, a person must not supply a hormonal growth promotant unless:

• (a)

  a notification number has been assigned to the person for the premises from which the supply occurs; and

• (a)

  the notification number has not been withdrawn; and

• (b)

  the assignment of the notification number has not ceased to have effect.

Penalty: 10 penalty units.

 “(2) For the purposes of subregulation (1), premises from which supply occurs are premises from which the promotant is first taken:

• (a)

  in response to a particular request for supply; and

• (b)

  in the form and container in which it is supplied.”.

4.   Regulation 48 (Supply of hormonal growth promotant—purchaser’s declaration)

4.1   Omit the regulation, substitute:

Supply of hormonal growth promotant—purchaser’s declaration

 “48. (1) Except with reasonable excuse, or as provided by subregulation (2), a person must not supply a hormonal growth promotant unless the recipient gives to the supplier, at the time of acquisition, a declaration that:

• (a)

  is in a form approved by the NRA; and

• (b)

  states:

  • (i)

    the total quantity and type of the promotant acquired; and

  • (ii)

    the batch number of the promotant; and

  • (iii)

    the purchaser declaration number for the premises where animals proposed to be treated with the promotant are to be kept; and

• (c)

  acknowledges that the recipient is aware that an animal treated with a hormonal growth promotant must be marked as an animal so treated, as required by the law of this jurisdiction (that is, by making in its ear an equilateral triangular hole 20 millimetres on each side).

Penalty: 10 penalty units.

 “(2) A supplier may supply a hormonal growth promotant to a recipient who does not give the supplier a declaration, if the recipient has been assigned a notification number that has not ceased to have effect and has not been withdrawn.”.

5.   Regulation 49 (Record of supply of hormonal growth promotant—manufacturer and supplier)

5.1   Omit the regulation, substitute:

Record of supply of hormonal growth promotant—manufacturer and supplier

 “49. Except with reasonable excuse, a person who manufactures and supplies a hormonal growth promotant must make, on each occasion on which the promotant is supplied to another person (in this regulation called ‘the recipient’), a record containing the following particulars:

• (a)

  the distinguishing name of the promotant entered in the Register of Chemical Products;

• (b)

  the name and address of the manufacturer;

• (c)

  the notification number assigned to the premises from which the promotant was supplied to the recipient;

• (d)

  the quantity of the promotant supplied;

• (e)

  the date of manufacture of the promotant;

• (f)

  the batch number of the promotant;

• (g)

  the quantity of promotant manufactured in that batch;

• (h)

  the date of supply of the promotant;

• (i)

  the name and address of the recipient;

• (j)

  if 1 or more notification numbers have been allotted to the recipient:

  • (i)

    the notification number, and address, of each premises to which the promotant is supplied; and

  • (ii)

    the quantity of the promotant supplied to each of those premises;

• (k)

  if no notification number has been allotted to the recipient—the purchaser declaration number for the premises where animals treated with the promotant are to be kept.

Penalty: 10 penalty units.

[Note: Regulation 52 sets out further requirements regarding the form of the record.]”.

6.   Regulation 50 (Record of supply of hormonal growth promotant—importer and supplier)

6.1   Omit the regulation, substitute:

Record of supply of hormonal growth promotant—importer and supplier

 “50. A person who imports and supplies a hormonal growth promotant must make, on each occasion on which the promotant is supplied to another person (in this regulation called ‘the recipient’), a record containing the following particulars:

• (a)

  the distinguishing name of the promotant entered in the Register of Chemical Products;

• (b)

  the name and address of the importer;

• (c)

  the notification number assigned to the premises from which the promotant was supplied to the recipient;

• (d)

  the quantity of the promotant supplied;

• (e)

  the date of importation of the promotant;

• (f)

  the batch number of the promotant;

• (g)

  the quantity of promotant imported from that batch;

• (h)

  the date of supply of the promotant;

• (i)

  the name and address of the recipient;

• (j)

  if 1 or more notification numbers have been allotted to the recipient:

  • (i)

    the notification number, and address, of each premises to which the promotant is supplied; and

  • (ii)

    the quantity of the promotant supplied to each of those premises;

• (k)

  if no notification number has been allotted to the recipient—the purchaser declaration number for the premises where animals treated with the promotant are to be kept.

Penalty: 10 penalty units.

[Note: Regulation 52 sets out further requirements regarding the form of the record.]”.

7.   Regulation 51 (Record of supply of hormonal growth promotant—other suppliers)

7.1   Omit the regulation, substitute:

Record of supply of hormonal growth promotant—other suppliers

 “51. (1)This regulation applies to a person (in this regulation called ‘the supplier’) who:

• (a)

  receives a hormonal growth promotant from another supplier (in this regulation called ‘the previous supplier’); and

• (b)

  supplies the promotant to another person (in this regulation called ‘the recipient’).

 “(2) Except with reasonable excuse, when the promotant is supplied, the supplier must make a record containing the following particulars:

• (a)

  the distinguishing name of the promotant entered in the Register of Chemical Products;

• (b)

  the name and address of the supplier;

• (c)

  the notification number assigned to the premises from which the promotant was supplied to the recipient;

• (d)

  the batch number of the promotant;

• (e)

  the name and address of the recipient;

• (f)

  the date of supply of the promotant to the recipient;

• (g)

  the quantity of the promotant supplied to the recipient;

• (h)

  the total quantity of the promotant remaining in the supplier’s possession after supply;

• (i)

  the name and address of the previous supplier;

• (j)

  the notification number (if any) assigned under this Division to the previous supplier for the premises from which the promotant was supplied by the previous supplier;

• (k)

  the date of supply of the promotant by the previous supplier;

• (l)

  the total quantity of the promotant supplied by the previous supplier;

• (m)

  if 1 or more notification numbers have been allotted to the recipient:

  • (i)

    the notification number, and address, of each premises to which the promotant is supplied; and

  • (ii)

    the quantity of the promotant supplied to each of those premises;

• (n)

  if no notification number has been allotted to the recipient—the purchaser declaration number for the premises where animals treated with the promotant are to be kept.

Penalty: 10 penalty units.

[Note: Regulation 52 sets out further requirements regarding the form of the record.]”.

8.   Regulation 55 (Analysis of chemical products—tests)

8.1   Paragraph 55 (2) (c), (d) and (e):

Omit the paragraphs, substitute:

• “(c)

  a test specified in:

  • (i)

    the CIPAC Handbook and Addenda published by the Collaborative International Pesticides Analytical Council Limited; or

  • (ii)

    the AOAC Manual and Addenda published by the Association of Official Analytical Chemists;

  • (iii)

    the British Pharmacopoeia; or

  • (iv)

    the British Pharmacopoeia (Veterinary); or

  • (v)

    the European Pharmacopoeia; or

  • (vi)

    the US Pharmacopoeia;

• (d)

  any other test approved by the NRA as equivalent to a test specified in paragraph (a), (b) or (c).”.

9.   Transitional

9.1   In this regulation:

“former Code Regulations” means the Agricultural and Veterinary Chemicals Code Regulations as in force immediately before the commencement of these Regulations;

“amended Code Regulations” means the Agricultural and Veterinary Chemicals Code Regulations as amended by these Regulations.

9.2    A person who, immediately before 15 March 1995, was authorised under a corresponding previous law of this jurisdiction to supply a hormonal growth promotant, is taken to have given the notice, and to have paid the fee, required by subregulation 47 (1) of the amended Code Regulations for each premises from which the person was supplying the promotant immediately before the commencement of these Regulations.

[Note: 15 March 1995 is the date on which the Agricultural and Veterinary Chemicals Code Regulations commenced.]

9.3   A person who, before the commencement of this subregulation:

• (a)

  gave notice to the NRA under subregulation 47 (2) of the former Code Regulations; and

• (b)

  paid the fee required by subregulation 47 (3) of the former Code Regulations;

is taken to have given the notice, and to have paid the fee, required by subregulation 47 (1) of the amended Code Regulations, for each premises specified in the notice.

9.4   This regulation ceases to have effect on 30 June 1997.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 June 1996.

2. Statutory Rules 1995 No. 27 as amended by 1995 Nos. 54, 137 and 187; 1996 No. 83.