Stock Foods and Medicines (Amendment) Act 1978 (NSW)
STOCK FOODS AND MEDICINES
(AMENDMENT) ACT, 1978, No. 12
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Act No. 12, 1978.
An Act to amend the Stock Foods and Medicines Act, 1940, to alter the periods of registration of stock foods and medicines, to make further provisions relating to the refusal and cancellation of registration, to enable the withdrawal from sale of certain stock foods, and for certain other purposes; and to validate certain matters. [Assented to, 6th March, 1978.]
Act No. 12, 1978.
Stock Foods and Medicines (^Amendment).
BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows ;—
| Short title. | 1. This Act may be cited as the “Stock Foods and Medicines (Amendment) Act, 1978”. |
| Commence- | 2. |
(1) Except as provided in subsections (2), (3) and (2) Section 4 shall, in its application to a provision of Schedules 1-5, commence on the day on which that pro vision commences.
| ment. | (4 )̂ this Act shall commence on the date of assent to this Act. |
| (3) Schedule 1 shall commence on 1st May, 1978, or on such earlier day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette. | |
| (4) Schedule 4 shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette. |
| Schedules. | 3. This Act contains the following Schedules :— |
SCHEDULE 1.— Amendments to the Stock Foods
AND Medicines Act, 1940, Relating to
| R egistration | Periods. |
SCHEDULE 2.—Amendments to the Stock Foods
and Medicines Act, 1940, Relating to the
R efusal and Cancellation of Registration.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 3.—Amendment to the Stock Foods AND Medicines Act, 1940, R elating to the Withdrawal from Sale of Stock Food.
SCHEDULE 4.—Amendments to the Stock Foods
AND Medicines Act, 1940, Relating to the
Labelling and Advertising of Stock
Medicines.
SCHEDULE 5.— Miscellaneous Amendments to
THE Stock Foods and Medicines Act, 1940.
SCHEDULE 6.—Validating Provisions.
4. The Stock Foods and Medicines Act, 1940, is amended Amend-
| in the manner set forth in Schedules 1-5. | ac"nô I9 |
| 1940. ' ’ |
| 5. Schedule 6 has effect. | Validating provisions. |
| SCHEDULE 1. | Sec. 4. |
Amendments to the Stock Foods and Medicines Act, 1940, R elating to Registration Periods.
| (1) Section 3, definitions of | ‘Registration periods” and |
“Registration year”—
| After the definition of | ‘Prescribed”, insert |
“Registration periods” means the period of 3 years commencing on 1st July, 1978, and the periods of 3 years commencing on 1st July in each third year after 1st July, 1978.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 1—continued.
Amendments to the Stock Foods and Medicines Act,
1940, Relating to Registration Periods—continued.
“Registration year”, in relation to a registration effected under this Act, means a period of 1 year commencing on 1st July during which, or during part of which, the registration is in force.
(2) (a) Section 5 (1 )—
Omit “Every wholesale dealer in any manufac tured stock food or in any by-product shall within thirty days after the commencement of this Act or within thirty days after the date of his commencing in business or trade as a wholesale dealer in such stock food or by-product (which ever is the later date) and thereafter in each year on or before the thirtieth day of June make to the Under Secretary of the Department of Agri culture”, insert instead “Every person who intends to be a wholesale dealer in any manufac tured stock food or in any by-product may, before he commences in business or trade as a wholesale dealer in such stock food or by product, make to the Director-General”.
(b) Section 5 (1) (b )—
Omit “which he then sells or which he then proposes to sell during the period ending on the next following thirtieth day of June”, insert instead “which he proposes to seU during the registration period in respect of which the application is made”.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 1—continued.
Amendments to the Stock Foods and Medicines Act,
1940, Relating to Registration Periods—continued.
| (c) | Sections (1a), (1b), ( Ic ) , ( I d)— |
After section 5 (1 ) , insert:—
| ( la) | Subject to subsections (1b) and ( I c ) , a |
wholesale dealer in any registered stock food or by-product may, on or before the prescribed date immediately preceding each registration period or, where no date is prescribed, before the com mencement of each registration period, make to the Director-General an application for renewal of the registration of that stock food or by product
( lb) Subject to subsection ( Ic ) , where a date is prescribed under subsection (1a) in rela tion to a registration period, a wholesale dealer in any stock food or by-product the registration of which was effected after that date but before the commencement of the registration period may, before the commencement of the registra tion period, make to the Director-General an application for renewal of the registration of that stock food or by-product.
| ( Ic ) | The Director-General may accept an |
application for renewal of the registration of a stock food or by-product notwithstanding that the application was not made within the time prescribed by or under subsection (1a) or (1b ) and on that acceptance the application shall be deemed to have been made within the time prescribed.
6 Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 1—continued.
Amendments to the Stock Foods and Medicines Act,
1940, Relating to Registration Periods—continued.
| ( I d) | An application under subsection (1a) |
shall be in or to the effect of the prescribed form and shall contain the particulars set out in para graphs (a) to (f), inclusive, of subsection (1).
(d) Section 5 (2)-
Omit “Every such application”, insert instead “An application under subsection (1), (1a) or
( I B ) ” .
(e) Section 5 (2) (b )—
Omit the paragraph, insert instead :—
| (b) | the prescribed fee, which shall be applied as the annual fee— |
(i) in the case of an application under subsection (1 )— f̂or the registration year in which the application is approved; and
(ii) in the case of an application under subsection (1a) or (1b )— for the first registration year of the registration period in respect of which the application is made.
Act No. 12, 1978.
Stock Foods and Medicines (Amendment).
SCHEDULE 1—continued.
Amendments to the Stock Foods and Medicines Act,
1940, Relating to Registration Periods—continued.
(f) Section 5 (2a), (2b )—
After section 5 (2), insert :—
(2a) After the registration or renewal of registration of any manufactured stock food or any by-product the prescribed annual fee is payable by the person who applied for registra tion or renewal in respect of each registration year after the first such year in each registration period.
(2b) If a fee payable by a person under sub section (2a) in respect of a registration year is not paid on or before 30th June in the year preceding the registration year, the Director- General may, by notice in writing served on that person, cancel the registration in respect of which the fee is payable.
(g) Section 5 (3 )—
Omit “after the thirtieth day of June in any year”.
(h) Section 5 (4), (5 )—
Omit section 5 (4), insert instead :—
| (4) | Subject to this Act, the registration or |
renewal of the registration of any manufactured
stock food or by-product shall—
| (a) | in the case of a registration— t̂ake effect on the date of approval of the applica tion for registration or, where an appeal has been lodged against the refusal of |
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 1—continued.
Amendments to the Stock Foods and Medicines Act,
1940, Relating to Registration Periods—continued.
an application and the appeal has been upheld, on the date when the appeal is so upheld; and
| (b) | in the case of a renewal of registration — take effect on the first day of the registration period in respect of which the application for renewal is made, |
and shall continue in force until the end of the registration period in respect of which that registration or renewal of registration is effected.
| (5) | Where a person ceases to be a wholesale |
dealer in a manufactured stock food or by
product registered by him under this Act—
| (a) | he may, in writing, request the Director-General to cancel the regis tration of the manufactured stock food or by-product; and |
| (b) | the Director-General shall cancel that registration with effect from the date of receipt of that request. |
(3) (a) Section 13 (1)-
Omit “Every wholesale dealer in any stock medicine shall within thirty days after the com mencement of this Act or within thirty days after the date of his commencing in business or trade
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 1—continued.
Amendments to the Stock Foods and Medicines Act,
1940, Relating to Registration Periods—continued.
as such (whichever is the later date) and there after in each year on or before the thirtieth day of June make to the Under Secretary of the Department of Agriculture”, insert instead “Every person who intends to be a wholesale dealer in any stock medicine may, before he commences in business or trade as a wholesale dealer in such stock medicine, make to the Director-General”.
(b) Section 13 (1a), (1b ), ( I c), ( I d )—
After section 13 (1), insert:—
( la) Subject to subsections (1b) and ( Ic ) , a wholesale dealer in any stock medicine may, on or before the prescribed date immediately pre ceding each registration period or, where no date is preseribed, before the commencement of each registration period, make to the Director-General an application for renewal of the registration of that stock medicine.
( lb) Subject to subsection ( Ic ) , where a date is preseribed under subsection (1a) in relation to a registration period, a wholesale dealer in any stock medicine the registration of which was effected after that date but before the commencement of the registration period may, before the commencement of the registration
| - | period, make to the Director-General an appli cation for renewal of the registration of that stock medicine. |
*•.
. 'i
Act No. 12, 1978.
Stock Foods and Medicines (Amendment).
SCHEDULE 1—continued.
Amendments to the Stock Foods and Medicines Act,
1940, Relating to Registration Periods—continued.
( lc) The Director-General may accept an application for renewal of the registration of a stock medicine notwithstanding that the applica tion was not made within the time prescribed by or under subsection (1a) or (1b) and on that acceptance the application shall be deemed to have been made within the time prescribed.
( ld) An application under subsection (1a) shall be in or to the effect of the prescribed form and shall contain the particulars set out in para graphs (a) to (f), inclusive, of subsection (1).
(c) Section 13 (2 )—
Omit “Every such application”, insert instead “An application under subsection (1), (1a) or
( i B ) ” .
(d) Section 13 (2) (b )—
Omit the paragraph, insert instead :—
| (b) | the prescribed fee, which shall be applied as the aimual fee— |
(i) in the case of an application under subsection (1 )—for the registration year in which the application is approved; and
(ii) in the case of an application under subsection (1a) or (1b) —for the first registration year of the registration period in respect of which the application is made.
Act No. 12, 1978.
Stock Foods and Medicines (Amendment).
SCHEDULE 1—continued.
Amendments to the Stock Foods and Medicines Act,
1940, Relating to Registration Periods—continued.
(e) Section 13 (2a), (2b)—
After section 13 (2), insert :—
(2a) After the registration or renewal of registration of any stock medicine the prescribed annual fee is payable by the person who applied for registration or renewal in respect of each registration year after the first such year in each registration period.
(2b) If a fee payable by a person under sub section (2a) in respect of a registration year is not paid on or before 30th June in the year pre ceding that registration year, the Director- General may, by notice in writing served on that person, cancel the registration in respect of which the fee is payable.
(f) Section 13 (3 )—
Omit “after the thirtieth day of June in any year”.
(g) Section 13 (4 )—
Omit “Under Secretary of the Department of
Agriculture”, insert instead “Director-General”.
Act No. 12, 1978.
Stock Foods and Medicines (Amendment).
SCHEDULE 1—continued.
Amendments to the Stock Foods and Medicines Act,
1940, Relating to Registration Periods—continued.
(h) Section 13 (5), (6 )—
Omit section 13 (5), insert instead :—
| (5) | Subject to this Act, the registration or |
renewal of registration of a stock medicine
shall—
| (a) | in the case of a registration—take effect on the date of approval of the application for registration or, where an appeal has been lodged against the refusal of an application and the appeal has been upheld, on the date when the appeal is so upheld; and |
| (b) | in the case of a renewal of registration —take effect on the first day of the registration period in respect of which the application for renewal is made, |
and shall continue in force until the end of the registration period in respect of which that registration or renewal of registration is effected.
| (6) | Where a person ceases to be a wholesale |
dealer in a stock medicine registered by him
under this Act—
| (a) | he may, in writing, request the Direc tor-General to cancel the registration of the stock medicine; and |
| (b) | the Director-General shall cancel that registration with effect from the date of receipt of that request. |
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
| SCHEDULE 2. | Sec. 4. |
Amendments to the Stock Foods and Medicines Act, 1940, Relating to the Refusal and Cancellation of
Registration.
(1) Sections 5a, 5b, 5c—
After section 5, insert :—
5a. (1) Where an application for registration, or Registra-
renewal of the registration, of a manufactured stock
food or by-product is made under section 5, the regk\er.°
Director-General may—
| (a) | register Ihe manufactured stock food or by-product or renew that registration, as the case may be; or |
| (b) | if the manufactured stock food or by product is, or appears to him to be, unfit for use as a stock food, refuse that application. |
| (2) | The registration of a manufactured stock |
food or by-product may be renewed notwithstanding that the registration would, but for this subsection, have expired and, when so renewed, shall be deemed to have taken effect on the first day of the registration period in respect of which the application for renewal was made.
5b. (1) The Director-General may, at any time, Cancella- review the registration of a manufactured stock food
| or by-product. | tion. |
| (2) | The Director-General may, at the time of |
review of the registration of a manufactured stock food or by-product under subsection (1), cancel that registration if, in his opinion, he would not have regis tered the stock food or by-product if an application for registration had been made at that time.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 2—continued.
Amendments to the Stock Foods and Medicines Act,
1940, Relating to the R efusal and Cancellation
| OF | R egistration—continued. |
| (3) Subject to this Act, a cancellation referred to in subsection (2) shall take effect— |
| (a) | where no appeal is made under section 5c within the time prescribed—on the expira tion of that time; or |
| (b) | where an appeal is lodged under section 5c but the appeal is dismissed—on the date of that dismissal. |
(4) Where the Director-General cancels the registration of a manufactured stock food or by product under subsection (2), he may, if in his opinion it is in the public interest to do so, suspend, by notice in writing served on the wholesale dealer in that manufactured stock food or by-product, that registra tion until the expiration of the time prescribed for the making of an appeal or, where an appeal is lodged, until the time of determination of the appeal.
(5) A registration of a manufactured stock food or by-product shall be deemed not to be in force during any period of its suspension.
| Appeal | 5c. (1) Where an application for registration, or |
| against |
| refusal or | renewal of the registration, of a manufactured stock |
| cancella | food or by-product is refused under section 5 a or the |
| tion. | registration of a manufactured stock food or by product is cancelled under section 5b (2), the Director-General shall serve on the applicant or the wholesale dealer in that stock food or by-product a notice in writing of that refusal or cancellation and of the grounds of that refusal or cancellation. |
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 2—continued.
Amendments to the Stock Foods and Medicines Act,
1940, R elating to the Refusal and Cancellation
| OF | R egistration—continued. |
| (2) | The applicant or wholesale dealer, as the |
case may be, may, within the time prescribed, appeal against a refusal or cancellation referred to in sub section (1) to the District Court.
| (3) | The District Court may summon witnesses, |
hear evidence and determine an appeal under this section having regard to this Part, the regulations, the circumstances of the case and the public interest.
| (4) | The decision of the District Court on an |
appeal under this section shall be binding on the Director-General and the appellant and shall be carried into effect accordingly.
| (5) | The District Court may award costs in |
an appeal under this section and such costs may be enforced and recovered in like manner to costs awarded in a judgment of the District Court.
(2) Section 15—
Omit the section, insert instead ;—
15. (1) Every application for registration, or Appiica-
renewal of the registration, of any stock medicine shall ‘ions be submitted by the Director-General to the Board for [oUe
| its report and recommendation thereon. | submitted |
| ^ | to Board. |
Act No. 12, 1978.
Stock Foods and Medicines (Amendment).
SCHEDULE 2—continued.
Amendments to the Stock Foods and Medicines Act, 1940, Relating to the R efusal and Cancellation
OF R egistration— continued.
(2) The Board may, where an application is submitted to it under subsection (1) in respect of a stock medicine, recommend to the Director-General that the stock medicine be registered or the registra tion of the stock medicine be renewed, as the case may be, or that the application be refused.
(3) Where the Board recommends that an application for registration, or renewal of the registra tion, of a stock medicine be refused, the recommenda tion shall be accompanied by a statement of the grounds upon which the recommendation was based.
(4) The Director-General may, on the recom mendation of the Board, register, or renew the registration of, a stock medicine or refuse an applica tion for registration, or renewal of the registration, of a stock medicine.
(5) The registration of a stock medicine may be renewed notwithstanding that the registration would, but for this subsection, have expired and, when so renewed, shall be deemed to have taken effect on the first day of the registration period in respect of which the application for renewal was made.
(3) Section 15a—■
After section 15, insert : —
| Cancella | 15a. (1) The Board may, at any time, review the |
| tion of |
| registration. | registration of a stock medicine. |
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 2—continued.
Amendments to the Stock Foods and Medicines Act, 1940, R elating to the R efusal and Cancellation OF Registration—continued.
| (2) | The Board may, at the time of review of |
the registration of a stock medicine under subsection (1), recommend to the Director-General' that the registration of that stock medicine be cancelled if, in its opinion, it would not have recommended registra tion of that stock medicine if an application for regis tration had been made at that time.
| (3) | The Director-General may, on receipt of |
a recommendation referred to in subsection (2) in respect of the registration of a stock medicine, cancel that registration.
(4) A cancellation referred to in subsection
(3) shall take effect—
| (a) | where no appeal is made under section 16 within the time prescribed—on the expira tion of that time; or | |
| (b) | where an appeal is lodged under section 16 within the time prescribed but the appeal is dismissed—on the date of that dismissal. | |
|
cellation of the registration of a stock medicine under subsection (3), it may, if in its opinion it is in the public interest to do so, recommend the suspension of that registration until the expiration of the time pre scribed for the making of an appeal or, where an appeal is lodged, until the time of determination of the appeal.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 2—continued.
Amendments to the Stock Foods and Medicines Act, 1940, R elating to the R efusal and Cancellation OF Registration—continued.
| (6) | The Director-General may, on receipt of |
a recommendation referred to in subsection (5) in respect of the registration of a stock medicine, sus pend, by notice in writing served on the wholesale dealer in the stock medicine, that registration in accordance with that recommendation.
| (7) | A registration of a stock medicine shall |
be deemed not to be in force during any period of its
suspension.
(4) (a) Section 16 (1), (2 )—
Omit the subsections, insert instead :—
(1) Where an application for registration, or renewal of the registration, of a stock medicine is refused under section 15 (4) or the registra tion of a stock medicine is canceUed under section 15a (3), the Director-General shall serve on the applicant or the wholesale dealer in that stock medicine, as the case may be, a notice in writing of that refusal or cancellation and of the grounds of that refusal or cancellation.
| (2) | The applicant or wholesale dealer, as the |
case may be, may, within the time prescribed, appeal against a refusal or cancellation referred to in subsection ( i ) to the District Court.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 2—continued.
Amendments to the Stock Foods and Medicines Act, 1940, R elating to the Refusal and Cancellation OF Registration—continued.
(b) Section 16 (3 )—
Omit “Such judge”, insert instead “The District
Court”.
(c) Section 16 (4 )—
Omit the subsection, insert instead :—
(4) The decision of the District Court on an appeal under this section shall be binding on the Director-General and the appellant and shall be carried into effect accordingly.
(d) Section 16 (5 )—
Omit “If in any decision under this section costs are awarded,”, insert instead “The District Court may award costs in an appeal under this section and”.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
| Sec. 4. | SCHEDULE 3. |
Amendment to the Stock Foods and Medicines Act, 1940, Relating to the Withdrawal from Sale of Stock Food.
Section 11a—
After section 11, insert:—
| Withdrawal | 11 A. (1) The Minister, or any person authorised |
| of stock |
| food | by him either generally or specifically for the purposes |
| from | of this section, may, by notice in writing served on |
| sale. | any person, order that person to withdraw from sale any stock food which is or appears to the Minister or that authorised person, as the case may be, to be unfit for use as a stock food. |
(2) An order made under subsection (1)
shall remain in force until—
| (a) | where the order was made by the Minister— the Minister by instrument in writing with draws the order; or |
| (b) | where the order was made by an authorised person—the Minister or that person by instrument in writing withdraws the order. |
| (3) | A person who has been served with an |
order under subsection (1) shall not, while the order is in force, sell any stock food to which the order relates.
Act No. 12, 1978.
Stock Foods and Medicines (Amendment).
| SCHEDULE 4. | See. 4. |
Amendments to the Stock Foods and Medicines Act, 1940, R elating to the Labelling and Advertising
of Stock Medicines.
(1) (a) Section 17 (1), (1a)—
Omit section 17 (1), insert instead :—
(1) Every package of a registered stock medicine shall bear thereon or on a label securely and conspicuously affixed to the package the words “Registered under the Stock Foods and Medicines Act, 1940”, together with such par ticulars as may be prescribed.
| (1a) a regulation made for the purposes of subsection | (1 )— |
| (a) | may prescribe different particulars in respect of different kinds or descrip tions of packages; and |
| (b) | may provide that the regulation shall not apply to packages of such kinds or descriptions as may be prescribed. |
(b) Section 17 (2) —
Omit “such package or label”, insert instead “package, or label affixed to a package, of a registered stock medicine”.
(2) (a) Section 19 (1)-
Omit “wholesale dealer in any registered stock medicine who”, insert instead “person who, for the purpose of selling a registered stock medi cine”.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE A— continued.
Amendments to the Stock Foods and Medicines Act, 1940, Relating to the Labelling and Advertising OF Stock Medicines— continued.
(b) Section 19 (1) (a )—
Omit the paragraph.
(c) Section 19 (1) (b )—
Omit “as to the efficacy of such registered stock medicine”, insert instead “, or makes or causes to be made any verbal claim or statement, as to the efficacy of that registered stock medicine”.
(d) Section 19 (1) (b )—
Omit “such stock medicine;”, insert instead “that stock medicine; or”.
(e) Section 19 (1) (c )—
Omit “with respect to such registered stock medi cine”, insert instead “, or makes or causes to be made any verbal claim or statement, with respect to that registered stock medicine”.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
| SCHEDULE 5. | Sec. 4. |
Miscellaneous Amendments to the Stock Foods and
Medicines Act, 1940.
(1) (a) Section 3, definition of “Director-General”—
After the definition of “Chaff”, insert:—
“Director-General” means the person holding office or acting as Director-General of the Department of Agriculture.
(b) Section 3, definition of “Stock”—
Omit “or pigeon”, insert instead “, pigeon, cat, fish, cockatoo, parrot, budgerigar, canary, galah, finch or parakeet and any kind or species of animal or bird prescribed for the purposes of this definition”.
(c) Section 3, definition of “Stock medicine”-
Omit—
“of progeny.
but does not include—
(i) any such substance, mixture, com pound or product bona fide prescribed by a veterinary surgeon in the course of the practice of his profession as such or supplied by him for any stock for the time being under his profes sional care or charge; or
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 5—continued.
Miscellaneous Amendments to the Stock Foods and
Medicines Act, 1940—continued.
(ii) any such substance, mixture or com pound bona fide extemporaneously prepared for a specific case by a phar maceutical chemist in the ordinary course of his business.”.
Insert instead “of progeny.”.
(2) (a) Section 12 (2) (a )—
Omit “Chief Chemist”, insert instead “Director of Pesticides and Environmental Studies”.
(b) Section 12 (8 )—
Omit “a fee of four dollars twenty cents”, insert instead “the prescribed fee”.
(c) Section 12 (9 )—
After section 12 (8), insert :—
(9) Section 39 (i) of the Interpretation Act, 1897, applies in respect of the Board as if the Board had been constituted by or under an Act passed after the commencement of the Interpreta tion (Amendment) Act, 1969.
(3) Section 16 (8)-
Omit “a fee of ten dollars fifty cents”, insert instead
“the prescribed fee”.
Act No. 12, 1978.
Stock Foods and Medicines (Amendment).
SCHEDULE 5—continued.
Miscellaneous Amendments to the Stock Foods and
Medicines Act, 1940—continued.
(4) (a) Section 18—
Omit “after the expiration of a period of six months after the commencement of this Act”.
(b) Section 18 (2 )—
At the end of section 18, insert; —
(2) Subsection (1) (a) does not apply to the sale of a stock medicine where the stock medicine was—
| (a) | bona fide prescribed by a veterinary surgeon in the course of the practice of his profession as a veterinary surgeon; |
| (b) | supplied by a veterinary surgeon for any stock for the time being under his professional care and charge; or |
| (c) | bona fide extemporaneously prepared for a specific case by a pharmaceutical chemist in the ordinary course of his business as a pharmaceutical chemist. |
(5) Section 19 (2 )—
Omit “Under Secretary of the Department of Agricul ture”, insert instead “Director-General”.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 5—continued.
Miscellaneous Amendments to the Stock Foods and
Medicines Act, 1940—continued.
(6) Section 33 (1 )—
Omit “Under Secretary of the Department of Agricul ture”, insert intead “Director-General”.
(7) (a) Section 34—
Omit “Under Secretary of the Department of
Agriculture”, insert instead “Director-General”.
(b) Section 34—
Omit “said Under Secretary”, insert instead
“Director-General”.
(8) Section 35 (4 )—
Omit the subsection, insert instead :—
| (4) | Section 41 of the Interpretation Act, 1897, |
applies in respect of a regulation as if this Act had been passed after the commencement of the Inter pretation (Amendment) Act, 1969.
(9) Sections 36, 37—
After section 35, insert:—
| Refund of | 36. If, in the opinion of the Director-General, the |
| fees. | circumstances so warrant, the Director-General may— |
| (a) | on the refusal of an application under this Act—refund to the applicant any or all of the fee paid in respect of the application; and |
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
SCHEDULE 5—continued.
Miscellaneous Amendments to the Stock Foods and
Medicines Act, 1940—continued.
| (b) | on the cancellation of the registration of a manufactured stock food or by-product or of a stock medicine under this Act—refund to the person who applied for that registra tion any or all of that part of the fee paid in respect of that registration that is attribu table to the term of that registration remain ing after that cancellation. |
37. (1) A notice under this Act may be served on service
| a person— | of notices. |
| (a) | by delivering it personally to that person; |
| (b) | by delivering it to the place last known to the Director-General as his place of abode or business and by leaving it there with some person for him; or |
| (c) | subject to subsection (2), by posting it in an envelope duly stamped and addressed to that person at the place last known to the Director-General as his place of abode or business. |
(2) Where a notice is served as referred to in subsection (1) (c), the notice shall be deemed to have been served at such time after the posting of the notice as is prescribed or, where no such time is pre scribed, at the time when the notice would be delivered in the ordinary course of post.
Act No. 12, 1978.
Stock Foods and Medicines {Amendment).
| Sec. 5. | SCHEDULE 6. |
Validating Provisions.
| (1) | Any act or proceeding of the Stock Medicines Board before |
the date of assent to this Act shall be deemed not to have been invalidated by reason that the Director of Pesticides and Environ mental Studies of the Department of Agriculture has acted as a member of the Board.
| (2) | Any vacancy in the office, defect in the appointment or |
disqualification of a member of the Stock Medicines Board before the date of assent to this Act shall be deemed not to have invalidated any act or proceeding of the Board.
| (3) | Anything done by a person holding oflSce or acting as the |
Director-General of the Department of Agriculture, being a thing—
| (a) | done under a provision of the Stock Foods and Medicines Act, 1940, amended by this Act; |
| (b) | done before the commencement of the provision of this Act amending that provision; and |
| (c) | that could have been done by that person had the reference or references to the Under Secretary of the Department of Agriculture in that provision as then in force been replaced by a reference or references to that person, |
is validated.
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