Stock Foods Act 1941 (SA)
South Australia
Stock Foods Act 1941
An Act to regulate the sale of stock foods.
Contents
Short title
Commencement
Interpretation
Non-application of Act
Label or invoice on sale of stock food
Warranty on sale
Power to prescribe standards
Penalties for breach of duty by seller
8AOffences in relation to seed grain
Powers of Inspectors
Publication of results of analysis
Tampering with sample
Certificate of analyst
Defence
Marking of package in lieu of label
Who may prosecute
Appointment of inspectors
Summary procedure for offences
Cost of analysis
Saving of civil remedy
Regulations
Legislative history
The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the Stock Foods Act 1941.
2—Commencement
This Act shall come into operation on a day to be fixed by proclamation.
3—Interpretation
In this Act, unless the context or subject matter otherwise requires—
analyst means—
(a)a person appointed by the Minister as an analyst for the purposes of this Act; or
(b)a person holding a position of a class approved by the Minister for the purposes of this Act;
by-product includes husks, bran, pollard, brewer's grains and materials produced from any kind of grain in any process of treatment or manufacture not being the primary object of such process and also includes any other commodity, substance, material or matter which may be declared by the regulations to be a by-product for the purposes of this Act;
inspector means the chief inspector and any person appointed as an inspector for the purposes of this Act;
manufactured stock food includes—
(a)all kinds of meals and foods for stock prepared whether in whole or in part from one or more kinds of grain or nuts or oils or juices or meats or other substances of a like nature;
package includes anything in or by which any stock food is cased, covered, enclosed, contained or packed;
seed grain means any grain that has been treated with a prescribed substance or treated in a prescribed manner for the purposes of enhancing its use as seed;
sell includes barter or exchange and also includes agreeing to sell or sending, forwarding or delivering for or on sale or causing, suffering or attempting any of such acts or things; and derivatives from sell have a corresponding meaning;
stock means any animal or bird of the following kinds or species, namely: horse, cow, sheep, goat, pig, dog, domestic fowl, duck, goose, turkey or pigeon;
stock food means any by-product or manufactured stock food.
4—Non-application of Act
This Act shall not apply to or to the sale of—
(a)any stock medicine within the meaning of the Stock Medicines Act 1939;
(c)any chaff or hay within the meaning of the Chaff and Hay Act 1922.
This Act does not apply to the sale of a chemical product within the meaning of the Agvet Code of South Australia.
5—Label or invoice on sale of stock food
Every person who sells any stock food shall either—
(a)securely and conspicuously affix or cause to be affixed to every package containing the stock food a label in accordance with this section; or
(b)deliver or cause to be delivered to the purchaser, at the time the stock food is sold or delivered, an invoice certificate in writing in accordance with this section.
On every such label or invoice certificate there shall be set out—
(a)the name and place of business of the person who manufactured or imported into South Australia the stock food or who was primarily responsible for placing the same on the market in South Australia; and
(b)the distinguishing name (if any) of the stock food; and
(c)a chemical analysis of the stock food stating—
(i)the minimum percentage of crude protein; and
(ii)the minimum percentage of crude fat; and
(iii)the maximum percentage of crude fibre,
contained in the stock food; and
(d)such other particulars as are prescribed.
The provisions of subsections (1) and (2) of this section shall not apply in any case where a retailer breaks a package labelled as herein provided of any such stock food in order to sell portion of the stock food contained in the package without altering or adding to the stock food.
This section shall extend so as to apply to any block, cake or slab of stock food which is not contained in a package; and for the purposes of such application a reference to the package containing the stock food shall be construed as a reference to the surface of the block, cake or slab.
6—Warranty on sale
A label affixed as aforesaid or an invoice certificate given as aforesaid shall, notwithstanding any contract or notice to the contrary, have effect as a written warranty by the seller that the particulars contained therein are correct.
Any statement as to the amount of the nutritive or other ingredients of an article sold for use as a stock food, made by the seller in any written document relating thereto given to the purchaser or in any circular or advertisement descriptive of the article, shall have effect as a warranty by the seller that the facts stated are correct.
No action on any such warranty as is mentioned in this section shall lie for any mis-statement therein as to the particulars therein specified, or as to the amount of any ingredient, where the mis-statement does not exceed the limits of variation (if any) prescribed under any regulations made under this Act in relation to such particulars or amounts, but where the mis-statement exceeds such limits, the right of the purchaser under the warranty shall not be affected by such limits.
7—Power to prescribe standards
The Governor may, by regulation—
(a)prescribe substances which shall be deemed foreign ingredients relative to any stock food, and provide that the proportion or amount of such foreign ingredients that may be contained in any stock food shall not exceed the proportion or amount prescribed;
(ab)prescribe any substance as a prescribed substance used for the treatment of grain for the purposes of enhancing its use as seed;
(ac)prescribe any manner of treatment as a prescribed manner of treatment of grain for the purposes of enhancing its use as seed;
(b)prescribe physical or chemical standards for any stock foods, and methods for determining the same;
(c)prescribe that no person shall sell, offer or expose for sale, or have in his possession for sale any stock food unless such regulations are duly observed.
Any person who acts in contravention of any regulation made under this section, or fails to comply therewith, shall be guilty of an offence against this Act, and liable to a penalty not exceeding one hundred dollars.
8—Penalties for breach of duty by seller
If any person—
(a)who sells any stock food fails without reasonable excuse either to affix a label as required by subsection (1) of section 5 or to give on or before or as soon as possible after the delivery of the stock food, an invoice certificate as required by subsection (1) of section 5; or
(b)sells any stock food, and the label or invoice certificate affixed thereto or given therewith as aforesaid is false in any material particular to the prejudice of the purchaser; or
(c)sells or offers or exposes for sale or has in his possession for sale for use as a stock food any article which contains any ingredient deleterious to stock, or to which has been added any ingredient worthless for the purposes of a stock food and not disclosed in writing to the purchaser at the time of sale,
he shall be guilty of an offence against this Act and liable to a penalty not exceeding one hundred dollars.
A person shall not be convicted of an offence under paragraph (b) of subsection (1) if he proves either—
(b)that he purchased the article sold with a written warranty or invoice certificate from a person in South Australia, and that that warranty or invoice certificate contained the false statement in question, and that he had no reason to believe at the time when he sold the article that the statement was false, and that he sold the article in the state in which it was when he purchased it.
8A—Offences in relation to seed grain
A person shall not feed seed grain to stock or suffer or permit any seed grain to be fed to stock.
Penalty: One hundred dollars.
A person shall not sell or deliver any seed grain for use for a purpose other than as seed.
Penalty: One hundred dollars.
Subject to subsection (5) of this section in proceedings for an offence that is a contravention of subsection (2) of this section it shall lie upon the defendant to prove that he had reasonable grounds for believing and did in fact believe that after the sale or delivery in question the seed grain would be used as seed.
Except for the purposes of using the resultant mixture as seed, a person shall not mix seed grain with any grain that is not seed grain.
Penalty: Fifty dollars.
In proceedings for an offence that is a contravention of a provision of this section it shall be a defence for the defendant to prove that he did not know and that he could not, by the exercise of reasonable diligence, have been expected to know, that the grain in question was seed grain.
9—Powers of Inspectors
Any inspector may, at any time in the daytime, enter any warehouse, store, shop, building, or place where any stock food or seed grain is kept or exposed for sale, and demand and take samples thereof.
An inspector may at any time take samples of any stock food or seed grain from any railway truck, car, cart, lorry, van, or other vehicle in which the same may be in course of transit to a purchaser.
Three samples shall be taken by the inspector in each case and marked, sealed, and fastened by the inspector in the presence of the dealer or his representative, or, if the samples are taken under subsection (2) of this section, in the presence of a justice or a member of the police force, and shall be disposed of as follows:
I.One sample shall be delivered to the person in charge of, or left upon, the premises (if any) from which it was taken or if taken in course of transit as aforesaid, shall be delivered to the vendor or any agent of the vendor in South Australia, or left at the principal place of business in South Australia of such vendor or agent; and
II.One may be utilised for analysis by an analyst; and
III.One shall be retained by the inspector for future comparison.
10—Publication of results of analysis
The result of the analysis of any sample of any stock food or seed grain taken by an inspector, together with the name and address of the dealer from whom the sample was obtained, or of the vendor, may be published in the Gazette and in such other manner as the Minister may think fit, and a statement of the result of any analysis shall be sent forthwith to the person from whose possession the sample was taken, or if taken in transit to the vendor or an agent of the vendor in South Australia.
11—Tampering with sample
Any person who—
(a)tampers with any parcel of stock food or seed grain so as to procure that any sample of it taken in pursuance of this Act does not correctly represent the contents of the parcel; or
(b)tampers with any sample taken under this Act,
shall be guilty of an offence against this Act, and liable to a penalty not exceeding one hundred dollars.
12—Certificate of analyst
In legal proceedings relating to a substance analysed pursuant to this Act, a certificate apparently signed by an analyst—
(a)stating that an analysis of the substance referred to in the certificate was carried out by, or under the supervision of, the analyst on a date stated in the certificate;
(b)describing the results of the analysis, shall be accepted as evidence of the facts stated in the certificate.
13—Defence
In any proceedings for an offence under this Act it shall be no defence to allege that the buyer, having bought only for analysis, was not prejudiced by the sale, or that the stock food, though deficient in one or more constituents, was not deficient in other constituents.
14—Marking of package in lieu of label
Where by this Act it is required that a label shall be affixed to a package it shall be a sufficient compliance if the particulars required to be given on the label are legibly and durably branded, stamped or marked upon the package.
15—Who may prosecute
A prosecution for an offence under this Act may be instituted either by the person aggrieved, by an inspector, or by any person authorised by the chief inspector. In any proceedings under this Act, the appointment of any person as an inspector, and the authorising of any person to prosecute for any offence, shall be presumed, unless the defendant proves the contrary.
16—Appointment of inspectors
The Governor may appoint a chief inspector and such other inspectors under this Act as may be necessary for the administration of this Act.
17—Summary procedure for offences
All proceedings for offences under this Act shall be disposed of summarily.
18—Cost of analysis
Any person convicted of an offence against this Act shall be liable, in addition to any penalty imposed, to pay any expenses incurred by the prosecution in obtaining an analysis as part of the cost of the proceedings.
19—Saving of civil remedy
No proceedings taken under this Act against any person shall in any way interfere with or lessen any right or remedy by civil process of any party aggrieved by any offence against this Act.
20—Regulations
The Governor may make regulations—
(a)prescribing the manner in which the particulars relating to any stock food shall be written on the package containing it or on a label affixed to the package or on an invoice certificate delivered with it and the manner in which a label containing the particulars shall be affixed to a package;
(b)prescribing the size and type of labels to be affixed to any stock food;
(c)declaring any commodity, substance, material or matter to be a by-product for the purposes of this Act;
(d)prescribing limits of variation to be permitted in statements with respect to any stock foods as to the amounts of the ingredients of such stock foods and as to any other particulars relating to such stock foods;
(e)prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Repeal of Act
The Stock Foods Act 1941 was repealed by Sch cl 2 of the Agricultural and Veterinary Products (Control of Use) Act 2002 on 29.8.2004.
Principal Act and amendments
| Year | No | Title | Assent | Commencement |
| 1941 | 32 | Stock Foods Act 1941 | 13.11.1941 | 1.4.1942 (Gazette 29.1.1942 p143) |
| 1944 | 10 | Stock Foods Act Amendment Act 1944 | 19.10.1944 | 19.10.1944 |
| 1948 | 18 | Stock Foods Act Amendment Act 1948 | 4.11.1948 | 4.11.1948 |
| 1956 | 37 | Stock Licks Act Repeal Act 1956 | 15.11.1956 | 15.11.1956 |
| 1972 | 75 | Stock Foods Act Amendment Act 1972 | 21.9.1972 | 26.11.1981 (Gazette 26.11.1981 p2136) |
| 1986 | 43 | Statutes Amendment (Analysts) Act 1986 | 4.9.1986 | 16.10.1986 (Gazette 16.10.1986 p1373) |
| 1994 | 47 | Agricultural and Veterinary Chemicals (South Australia) Act 1994 | 9.6.1994 | Sch (cl 2)—15.3.1995 (Gazette 23.2.1995 p674) |
Provisions amended since 3 February 1976
•Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 10 of The Public General Acts of South Australia 1837-1975 at page 550.
Entries that relate to provisions that have been deleted appear in italics.
| Provision | How varied | Commencement |
| s 3 | ||
| analyst | inserted by 43/1986 s 7(a) | 16.10.1986 |
| manufactured stock food | amended by 75/1972 s 3(a) | 26.11.1981 |
| (b) deleted by 75/1972 s 3(b) | 26.11.1981 | |
| seed grain | inserted by 75/1972 s 3(c) | 26.11.1981 |
| s 4 | ||
| s 4(1) | s 4 redesignated as s 4(1) by 47/1994 Sch cl 2 | 15.3.1995 |
| s 4(2) | inserted by 47/1994 Sch cl 2 | 15.3.1995 |
| s 7 | ||
| s 7(1) | amended by 75/1972 s 4(a) | 26.11.1981 |
| s 7(2) | amended by 75/1972 s 4(b) | 26.11.1981 |
| s 8 | ||
| s 8(1) | amended by 75/1972 s 5 | 26.11.1981 |
| s 8A | inserted by 75/1972 s 6 | 26.11.1981 |
| s 9 | ||
| s 9(1) | amended by 75/1972 s 7(a) | 26.11.1981 |
| s 9(2) | amended by 75/1972 s 7(b) | 26.11.1981 |
| s 10 | amended by 75/1972 s 8 | 26.11.1981 |
| s 11 | amended by 75/1972 s 9 | 26.11.1981 |
| s 12 | amended by 75/1972 s 10 | 26.11.1981 |
| substituted by 43/1986 s 7(b) | 16.10.1986 |
Historical versions
| Reprint No 1—15.1.1992 |
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