Stock Foods Amendment Act 1996 (NSW)
New South Wales
Stock Foods Amendment Act 1996
No 105
Contents
Page
| 1 Name of Act | 2 |
| 2 Commencement | 2 |
| 3 | Amendment of Stock Foods Act 1940 No 19 | 2 |
| Schedule 1 Amendments | 3 |
New South Wales
Stock Foods Amendment Act 1996
No 105
Act No 1 0 5 , 1996
An Act to amend the Stock Foods Act 1940 to remove provisions for the registration of stock foods and to make further provision with respect to the labelling of stock foods, restrictions on foreign ingredients in and additions to stock foods, and powers of inspectors; and for other purposes. [Assented to 26 November 1996]
| Section 1 | Stock Foods Amendment Act 1996 No 105 |
The Legislature of New South Wales enacts:
Name of Act
This Act is the Stock Foods Amendment Act 1996.
Commencement
This Act commences on a day or days to be appointed by proclamation.
Amendment of Stock Foods Act 1940 No 19
The Stock Foods Act I940 is amended as set out in Schedule 1.
Stock Foods Amendment Act 1996 No 105
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Section 3)
[1] Section 3
Omit the section. Insert instead:
3 Definitions
In this Act:
Agvet Code means the Agvet Code of New South Wales.
Agvet Regulations means the Agvet Regulations of New
South Wales.
analyst means a person authorised under section 20 to be
an analyst for the purposes of this Act.
animal has the same meaning as in the Agvet Code. block or lick has the same meaning as in the Agvet
Regulations.
Director-General means the Director-General of the
Department of Agriculture holding office as such under
Part 2 of the Public Sector Management Act 1988. food-producing species has the same meaning as in the
Agvet Code.
foreign ingredient means any substance, or other thing,
that is declared by the regulations to be a foreign
ingredient.
inspector means a person authorised under section 20 to
be an inspector for the purposes of this Act.
medicated stock food has the same meaning as
medicated stockfood in the Agvet Regulations.
package includes anything in which a stock food or
stock food supplement is cased, covered, enclosed,
contained or packed.
premix has the same meaning as in the Agvet
Regulations.
stock means any animal that is prescribed by the
regulations as stock for the purposes of this Act.
Stock Foods Amendment Act 1996 No 105
| Schedule 1 | Amendments |
stock food has the same meaning as stockfood in the Agvet Regulations and also includes any block, lick, premix, stockfood supplement and any substance prescribed by the regulations as stock food, but does not include any stock medicine and does not include any substance prescribed by the regulations as not being a stock food.
stock medicine means a stock medicine registered under
the Stock Medicines Act 1989.
stockfood supplement has the same meaning as in the
Agvet Regulations.
supply has the same meaning as in the Agvet Code.
veterinary chemical product has the same meaning as in
the Agvet Code.
[2] Sections 4-6A
Omit sections 4-6. Insert instead:
6 Packages of stock food and supplement to be labelled
| (1) | A person must not in the course of carrying on any business supply any of the following stock foods in a package unless the package has on it, or on a label securely and conspicuously attached to it, the particulars required by the regulations: | |||
| ||||
| Maximum penalty: 50 penalty units or, for an offence by a body corporate, 100 penalty units. | ||||
| (2) | This section does not apply to a supply by retail of a portion of the contents of a package labelled as required by this section when the supply is without alteration of, or addition to, that portion of the contents. | |||
| (3) | This section applies to anything supplied in the form of a block as if the block were a package. |
Stock Foods Amendment Act 1996 No 105
| Amendments | Schedule 1 |
6A Supplier of bulk stock foods to provide customer with
information statement
A person who in the course of carrying on any business supplies to another person any stock food in bulk must at the time of delivery provide to the person who takes delivery of the stock food a written statement about the stock food that complies with the regulations.
Maximum penalty: 50 penalty units or, for an offence by a body corporate, 100 penalty units.
The regulations may make provision for or with respect to the form of and the matters to be specified in the statement required by this section.
For the purposes of this section, stock food is supplied in bulk whenever it is supplied otherwise than in a package. However, this section does not apply to a supply by retail of a portion of the contents of a package labelled as required by section 6 when the supply is without alteration of, or addition to, that portion of the contents.
Stock food supplied in the form of a block is taken not to be a supply of stock food in bulk.
The written statement required by this section need not be a separate statement and can be included as part of an invoice.
[3] Section 7
Omit the section. Insert instead:
7 Restrictions on foreign ingredients
| (1) | The regulations may prescribe the proportion or amount of any foreign ingredient that may be contained in stock food. A proportion or amount so prescribed for a foreign ingredient is the maximum allowable proportion or amount of the foreign ingredient for the purposes of this section. |
Stock F oods Amendment Act 1996 No 105
| S chedu le 1 | Amendments |
The Minister may by order published in the Gazette set the proportion or amount of a foreign ingredient that may be contained in a stock food (whether or not a maximum allowable proportion or amount of the foreign ingredient is prescribed by the regulations).
A proportion or amount set by an order in force under this section applies as the maximum allowable proportion or amount of the foreign ingredient for the purposes of this section and so applies instead of any proportion or amount prescribed by the regulations (to the extent of any inconsistency between what is prescribed by the regulations and what is set by the order).
A person must not in the course of carrying on any
business supply to another person a stock food that contains more than the maximum allowable proportion or amount of a foreign ingredient.
Maximum penalty: 50 penalty units or, for an offence by a body corporate, 100 penalty units.
A regulation or order under this section can be made so
as to apply to all stock food, to a particular kind of stock food, to stock food for a particular species, or to a particular kind of stock food for a particular species.
An order under this section commences on the date it is
published in the Gazette or on such later date as may be specified in the order for its commencement and remains
in force for 60 days after it commences unless it is
repealed sooner.
An order cannot be made under this section if it is
wholly or partially to the same or substantially the same effect as a previous order under this section that commenced less than 6 months before the later order would commence.
Stock Foods Amendment Act 1996 No 105
| Amendments | Schedule 1 |
[4] Sections 8-11
Omit the sections. Insert instead:
8 Addition of veterinary chemical products to stock foods
| (1) | The regulations may make provision for or with respect to regulating or prohibiting the incorporation of a veterinary chemical product in a stock food to produce a medicated stock food. |
| (2) | A person must not in the course of carrying on any business supply a medicated stock food that incorporates a veterinary chemical product in contravention of the regulations. |
| Maximum penalty: 50 penalty units or, for an offence by a body corporate, 100 penalty units. |
Section 11A Withdrawal of stock food from supply
Omit “sale” from section 11A (1). Insert instead “supply”.
Section 11A (3)
Omit “sell”. Insert instead “supply”.
Section 11A
Insert at the end of the section:
Maximum penalty: 50 penalty units or, for an offence by a body corporate, 100 penalty units.
Section 21 Powers of inspectors
of the following:”.
Omit “Any inspector may:” from section 21 (1). one or more
Section 21 (1) (a) and (b)
Omit “sale” wherever occurring. Insert instead “supply”.
Stock Foods Amendment Act 1996 No 105
| Schedule 1 | Amendments |
[ 1 0 ] Section 21 (1) (b1), (b2)
Insert after section 21 (1) (b):
| (b1) | require any person that the inspector finds on any such land, building, premises, place, vehicle, ship, vessel, aeroplane or other means of transport and whom the inspector believes on reasonable grounds to be involved in the making, manufacture, supply, storage, delivery, preparation for supply, or conveyance of any stock food, to state his or her full name and residential address, |
| (b2) | require the production of, inspect, and take copies of or extracts from, any record the keeping of which is required by this Act, the regulations or the terms of a permit or order issued under this Act, |
[ 1 1 ] Section 21 (1) (e)
| Omit “seize and remove”. Insert instead “seize, or seize and remove,”. |
[ 1 2 ] Section 22 Retention and disposal of seised property
| Omit “6 months” from section 22 (1) (a). Insert instead “ 12m onths”. |
[ 1 3 ] Section 22 (2) (a)
Omit “many”. Insert instead “may” .
[ 1 4 ] Section 24 Inspector may demand information
Omit section 24 (1). Insert instead:
| (1) | An inspector may at any time require a person to whom any stock food has been supplied or a person who has supplied any stock food: |
Stock Foods Amendment Act 1996 No 105
| Amendments | Schedule 1 |
| (a) | to state the name and address of the person who supplied the stock food or to whom the stock food was supplied, or |
| (b) | to furnish such other information in connection with the supply of the stock food as the inspector may reasonably require, or |
| (c) | to produce to the inspector any invoice, agreement, statement, circular or advertisement given or received in connection with the supply of the stock food and permit the inspector to inspect, and take copies of or extracts from, any such invoice, agreement, statement, circular or advertisement. |
[ 1 5 ] Section 25 Certificate of analyst to be evidence
| Omit “in or to the effect of a form approved by the Director-General”. |
[ 1 6 ] Section 26 Forfeiture of stock foods
or the regulations, the court may order forfeiture to the Crown of any stock food to which the conviction relates.”.
| Omit the first sentence of section 26 (1). |
[ 1 7 ] Section 28
Omit the section. Insert instead:
28 Obstruction of inspectors
| (1) | A person must not: | |
|
Stock Foods Amendment Act 1996 No 105
| Schedule 1 | Amendments |
| (b) | fail to comply with a requirement of an inspector under this Part to the extent that the person is capable of complying with it. |
Maximum penalty: 50 penalty units or, for an offence by a body corporate, 100 penalty units.
A person is not guilty of an offence under this section in respect of a failure to comply with a requirement of an inspector to state the person's full name and residential address unless it is established that at the time of making the requirement concerned the inspector informed the person that it is an offence to fail to comply with the requirement.
Section 34 Certificate of registration or non-registration
Omit the section.
Section 35 Regulations
Omit section 35 (2) (a).
Section 35 (2) (c) and (d)
Omit the paragraphs.
Section 35 (4)
Insert at the end of section 35:
| (4) | The regulations may apply, adopt or incorporate, with or without modification the provisions of any other law, or of any publication as in force on a specified day or as in force for the time being. |
Section 36 Refund of fees
Omit the section.
| P age | 10 |
Stock Foods Amendment Act 1996 No 105
| Amendments | Schedule 1 |
[23] Schedule 1
Omit the heading to the Schedule. Insert instead:
|
(Section 39)
| Part 1 | General |
1 Savings and transitional regulations
The regulations may include provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Stock Foods Amendment Act 1996
A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.
To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. |
Stock Foods and M edicines (Amendment)
Act 1986
[24] Schedule 1
Re-number existing clauses 1-6 as clauses 2-7.
Stock Foods Amendment Act 1996 No 105
| Schedule 1 | Amendments |
[2 5 ] Schedule 1
Insert after clause 7 as so re-numbered:
|
8 Meaning of “1996 Amending Act”
In this Part:
1996 Amending Act means the Stock Foods Amendment
Act 1996.
9 Retention and disposal of seized property
The amendment made to section 22 by the 1996 Amending Act does not apply to anything seized before the commencement of the amendment.
10 Forfeiture of stock foods
The amendment made to section 26 b y the 1996 Amending Act does not apply in respect of an offence committed before the commencement of the amendment.
[Minister's second reading speech made in Legislative Assembly on 23 October 1996 Legislative Council on 3 0 October 1996]
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