Stock Foods Regulation 2005 (NSW)

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Part 1Preliminary1Name of Regulation

This Regulation is the Stock Foods Regulation 2005.

2Commencement

This Regulation commences on 1 September 2005.

Note—

This Regulation replaces the Stock Foods Regulation 1997 which is repealed on 1 September 2005 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation:

label has the same meaning as in the Agvet Code.

manufactured stock food means stock food that has undergone a manufacturing process, but does not include hay, straw, chaff or any stock food that consists entirely of milk or products derived from milk.

MRL Standard means the document entitled Maximum Residue Limits: the MRL Standard—maximum residue limits in food and animal feedstuff being a document published in March 2005 by the Australian Pesticides &Veterinary Medicines Authority, together with such amendments to that document as are from time to time published in the Agricultural and Veterinary Chemicals Gazette.

Note—

An up-to-date copy of Maximum Residue Limits: the MRL Standard—maximum residue limits in food and animal feedstuff is provided on the website of the Australian Pesticides &Veterinary Medicines Authority (at animal material means the following:

  • (a)

    tissue, blood or feathers derived from the carcass of an animal, including any substance produced from or containing any such tissue, blood or feathers (but not including tallow or gelatin),

  • (b)

    any tallow that has been used for cooking meat, poultry or fish (unless it has subsequently been filtered to remove all particulate matter).

Note—

Milk products are not regarded as restricted animal material as they are not tissue or blood derived from the carcass of an animal.

ruminant means an animal that has a rumen, and includes an animal belonging to any of the following classes of animal, namely, cattle, sheep, goats and deer.

tallow means any product (including, but not limited to, a product known as tallow, yellow grease or acid oil) containing rendered fats and oils from any animal, or containing used cooking oil, being a product that complies with a specification of 2 per cent maximum moisture plus insoluble impurities.

the Act means the Stock Foods Act 1940.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Definition of “foreign ingredient”: section 3(1)

The substances and things referred to in:

  • (a)

    Column 1 of Schedule 1, or

  • (b)

    the first column of Table 4 to the MRL Standard,

are declared to be foreign ingredients for the purposes of the Act.

(2)

In addition, in relation only to stock food for pigs, the additional substances set out in clause 60 (1) of the Stock Diseases Regulation 2004 are declared to be foreign ingredients for the purposes of the Act.

5Definition of “stock”: section 3

The following are prescribed as stock for the purposes of the Act:

  • (a)

    horses,

  • (b)

    animals belonging to food-producing species.

6Definition of “stock food”: section 3(1)

Meal derived from restricted animal material is prescribed as stock food for the purposes of the Act.

(2)

Any substance:

  • (a)

    that is of a kind generally supplied otherwise than for use as stock food, and

  • (b)

    that, in a particular supply, is not represented as being suitable for use as stock food,

is prescribed as not being stock food for the purposes of the Act in relation to that supply.

(3)

Any substance:

  • (a)

    that is labelled for use for horses, and

  • (b)

    that is a vitamin, mineral or other type of supplement or premix, and

  • (c)

    that does not contain any restricted animal material,

is prescribed as not being stock food for the purposes of the Act.

Part 2Labels and written statements for stock foods7Labelling of packages generally: section 6

A package of any manufactured stock food must have on it, or on a label securely and conspicuously attached to it:

  • (a)

    a statement indicating the particular class of stock, and the age or stage of production of such stock, that the stock food will maintain or for which it will promote the growth or productive capacity, and

  • (b)

    if the stock food contains more than 30 grams per kilogram of urea:

    • (i)

      a statement of the proportion (in grams per kilogram) of urea in the stock food, and

    • (ii)

      a warning that the stock food may be poisonous for some classes of stock, and

    • (iii)

      directions as to the proper use of the stock food, and

  • (c)

    if the stock food contains more than 5 grams per kilogram of added salt, a statement of the proportion (in grams per kilogram) of salt added to the stock food.

Note—

Examples of a class of stock might include stock of a particular species, or of a type within a species. Examples of an age or stage of production of stock might include weaner pigs, broiler chickens or lactating cows.

8Labelling of packages of stock food: section 6(1)

A package of any manufactured stock food containing restricted animal material must have on it, or on a label securely and conspicuously attached to it, the following statement:

This product contains restricted animal material—DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS.

(2)

A package of any manufactured stock food that does not contain restricted animal material must have on it, or on a label securely and conspicuously attached to it, the following statement:

This product does not contain restricted animal material.

(3)

The lettering in any statement referred to in subclause (1) or (2):

  • (a)

    must:

    • (i)

      if the statement is on a woven bag—be prominently displayed in letters of at least 10 millimetres in height, or

    • (ii)

      in any other case—be prominently displayed in letters of at least 3 millimetres in height, and

  • (b)

    must be printed on a background of contrasting colour.

(4)

If the statement referred to in subclause (1) or (2) is on a label, the label must measure at least 45 millimetres by 120 millimetres.

9Offence to remove or interfere with label

A person must not, without reasonable excuse, remove, alter, obliterate or deface, or cause or permit the removal, alteration, obliteration or defacement of, any statement on, or any label attached to, a package of manufactured stock food in accordance with section 6 of the Act.

Maximum penalty: 10 penalty units.

10Written statements concerning stock food supplied in bulk

A written statement about stock food that is supplied in bulk must contain the same information as is required by clauses 7 and 8 to appear on a label of stock food of the same kind supplied in a package.

11Offence to remove or interfere with written statement

A person must not, without reasonable excuse, alter, obliterate or deface, or cause or permit the alteration, obliteration or defacement of, any written statement provided in accordance with section 6A of the Act.

Maximum penalty: 10 penalty units.

Part 3Miscellaneous12Restrictions on foreign ingredients: section 7

For the purposes of section 7 of the Act:

  • (a)

    the maximum proportion or amount of any foreign ingredient specified in Column 1 of Schedule 1 that may be contained in stock food of a kind specified in Column 2 of that Schedule is the proportion or amount (if any) specified in Column 3 of that Schedule, and

  • (b)

    the maximum proportion or amount of any foreign ingredient specified in the first column of Table 4 to the MRL Standard that may be contained in stock food of a kind specified in the second column of that Table is the proportion or amount (if any) specified in the third column of that Table, and

  • (c)

    the maximum proportion or amount of any foreign ingredient specified in clause 60 (1) of the Stock Diseases Regulation 2004 that may be contained in stock food for pigs is nil (that is, such stock food must not contain any such foreign ingredient).

13Taking of samples: section 21(1)

For the purposes of section 21 (1) of the Act, a sample of stock food must weigh at least one kilogram or, if the bulk from which it is taken weighs less than one kilogram, 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 delivered to the analyst by any means.

(4)

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 Director-General directs the inspector as to the manner in which the sample is to be disposed of.

13APenalty notice offences

For the purposes of section 32A of the Act:

  • (a)

    each offence arising under a provision specified in Column 1 of Schedule 2 is prescribed as a penalty notice offence, and

  • (b)

    the prescribed penalty for such an offence is:

    • (i)

      in the case of a penalty payable by an individual—the amount specified in relation to the offence in Column 2 of Schedule 2, and

    • (ii)

      in the case of a penalty payable by a corporation—the amount specified in relation to the offence in Column 3 of Schedule 2.

14Savings

Any act, matter or thing that, immediately before the repeal of the Stock Foods Regulation 1997, had effect under that Regulation is taken to have effect under this Regulation.

Schedule 1Foreign ingredients

(Clauses 4 and 12)

Part 1Prohibited substances

Column 1

Column 2

Column 3

Foreign ingredient

Kind of stock food

Proportion or amount

1

Clenbuterol

All stock foods

Nil

2

Restricted animal material

Stock food for ruminants

Nil

Part 2Weed seeds and plants

Column 1

Column 2

Column 3

Foreign ingredient

Kind of stock food

Proportion or amount

1

Amsinckia spp. (Yellow burrweed)

Grain

100 seeds per kilogram

2

Argemone mexicana (Mexican poppy)

Grain

20 seeds per kilogram

3

Crotolaria spp. (Rattlepods)

All stock foods

Nil seeds or plant parts

4

Datura spp. (Thornapples)

Grain

5 seeds per kilogram

5

Echium plantagineum (Paterson’s curse)

Grain

100 seeds per kilogram

6

Heliotropium europaeum (Common heliotrope) or

Heliotropium amplexicaule (Blue heliotrope), or

both Heliotropium europaeum (Common heliotrope) and Heliotropium amplexicaule (Blue heliotrope)

Grain

20 seeds of either species, or of a combination of both species, per kilogram

7

Ricinus communis (Castor-oil plant)

All stock foods

Nil seeds or plant parts

8

Sesbania cannibina (Sesbania pea)

Grain

200 seeds per kilogram

9

Any plant of the genus Cannabis (excluding the seed of any such plant that has had the outer layer or bract removed)

All stock foods

Nil

Part 3Toxic compounds

Column 1

Column 2

Column 3

Foreign ingredient

Kind of stock food

Proportion or amount

1

Aflatoxin B1

Grain and crushed grain

0.01 grams per tonne

2

Aflatoxin B1

Manufactured stock foods for beef cattle and sheep

0.05 grams per tonne

3

Aflatoxin B1

Manufactured stock foods for weaner or suckling pigs

0.01 grams per tonne

4

Aflatoxin B1

Manufactured stock foods for pigs other than weaner or suckling pigs

0.05 grams per tonne

5

Aflatoxin B1

Manufactured stock foods for dairy cows

0.02 grams per tonne

6

Aflatoxin B1

Manufactured stock foods for ducks

0.001 grams per tonne

7

Aflatoxin B1

Manufactured stock foods for layer chickens

0.02 grams per tonne

8

Aflatoxin B1

Manufactured stock foods for poultry other than ducks or layer chickens

0.01 grams per tonne

9

Polychlorinated biphenyls

All stock foods

0.05 grams per tonne

10

Polybrominated biphenyls

All stock foods

Nil

11

Aldrin

Manufactured stock foods

0.01 grams per tonne

12

Chlordane

Manufactured stock foods

0.01 grams per tonne

13

DDT, TDE and DDE (any combination)

Manufactured stock foods

0.05 grams per tonne

14

Dieldrin

Manufactured stock foods

0.01 grams per tonne

15

Endrin

Manufactured stock foods

0.03 grams per tonne

16

HCB

Manufactured stock foods

0.01 grams per tonne

17

Heptachlor

Manufactured stock foods

0.02 grams per tonne

18

Lindane (gamma BHC)

Manufactured stock foods

0.1 grams per tonne

19

Any combination of the substances listed in items 11–18

Manufactured stock foods

0.1 grams per tonne

20

Ergots (Claviceps spp.) (including all fruiting bodies) other than sorghum ergot (Claviceps africana)

All stock foods

200 grams per tonne

21

Cadmium

Stock food for pigs

0.5 grams per tonne

22

Lead

All stock foods

0.2 grams per tonne

23

Mercury

Fish meal for pigs or poultry

0.4 grams per tonne

24

Mercury

Stock food other than fish meal for pigs or poultry

0.02 grams per tonne

25

Sorghum ergot (Claviceps africana)

All stock foods

3,000 grams per tonne

Schedule 2Penalty notice offences

(Clause 13A)

Column 1

Column 2

Column 3

Provision

Penalty for an individual

Penalty for a corporation

Offence under the Act

Section 6 (1)

$275

$550

Section 6A (1)

$275

$550

Section 7 (4)

$275

$550

Section 8 (2)

$275

$550

Section 11A (3)

$275

$550

Section 23

$1,100

$2,200

Section 29

$275

$550

Section 30

$1,100

$2,200

Offence under this Regulation

Clause 9

$110

$220

Clause 11

$110

$220

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