Veterinary Chemical Products (Excluded Stockfood Non-active Constituents) Repeal Order 2015

Overview

The Agricultural and Veterinary Chemicals Code Act 1994 was enacted to provide for the regulation of agricultural and veterinary chemicals, ensuring they are safe for use in Australia. The Act empowers the Minister for Agriculture to make orders that align with the regulatory framework, including those that pertain to the regulation of stockfood as veterinary chemical products. One such order, the Veterinary Chemical Products (Excluded Stockfood Non-active Constituents) Repeal Order 2015, was made to revoke the outdated Veterinary Chemicals Products (Excluded Stockfood Non-active Constituents) Order 1995, which was no longer relevant following significant amendments to the Agricultural and Veterinary Chemicals Code Regulations 1995. The repeal of the 1995 Order was necessary because the newer regulations now explicitly declare that certain stockfoods, including those containing ingredients previously listed in the 1995 Order, are not considered veterinary chemical products, provided they meet specific conditions for ingredients, claims, labelling, manufacture, and method of delivery to the animal. This change aligns with the objectives of the Agricultural and Veterinary Chemicals Legislation Amendment (Animal Feed Reform and Other Measures) Regulation 2015, which introduced these new regulatory standards. The Repeal Order was made to ensure the legislative framework remains current and effective, and it does not adversely affect the animal feed manufacturing industry.

Scope and Application

The Veterinary Chemical Products (Excluded Stockfood Non-active Constituents) Repeal Order 2015 operates under the authority of the Agricultural and Veterinary Chemicals Code Act 1994 and aims to repeal the Veterinary Chemicals Products (Excluded Stockfood Non-active Constituents) Order made on 14 March 1995. This repeal follows amendments to the Agricultural and Veterinary Chemicals Code Regulations 1995, which now exclude certain stockfoods from being classified as veterinary chemical products if they adhere to specified conditions regarding ingredients, claims, labelling, manufacture, and delivery methods to animals. This change is implemented through the Agricultural and Veterinary Chemicals Legislation Amendment (Animal Feed Reform and Other Measures) Regulation 2015. The revocation of the SNAC Order takes effect immediately prior to the commencement of the Animal Feed Reform Regulation, ensuring that the animal feed manufacturing industry is not adversely affected. The repeal is consistent with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, as the Order does not engage with any applicable rights or freedoms, thereby being deemed compatible with human rights.

Key Provisions

The main operative sections of the Veterinary Chemical Products (Excluded Stockfood Non-active Constituents) Repeal Order 2015 are contained within the explanatory statement issued by the Minister for Agriculture. This order is made under Section 7 of the Agricultural and Veterinary Chemicals Code Act 1994, which allows the Minister to issue orders that are consistent with the regulations. Specifically, the Repeal Order revokes the Veterinary Chemicals Products (Excluded Stockfood Non-active Constituents) Order made on 14 March 1995. This revocation takes effect immediately prior to the commencement of Schedule 1 of the Agricultural and Veterinary Chemicals Legislation Amendment (Animal Feed Reform and Other Measures) Regulation 2015. This amendment aligns with the regulatory framework for stockfoods as veterinary chemical products, clarifying that certain stockfoods are not considered veterinary chemical products if they meet specific conditions regarding ingredients, claims, labelling, manufacture, and delivery. The obligations and requirements imposed by this Act primarily revolve around ensuring that the regulations governing stockfoods are updated to reflect current standards and practices. The repealed order no longer applies following the amendment of the Agricultural and Veterinary Chemicals Code Regulations 1995. Now, certain stockfoods, including those containing ingredients previously specified in the SNAC Order, are explicitly declared not to be veterinary chemical products, provided they adhere to the newly defined conditions. This ensures that the regulatory framework remains consistent with best practices and industry needs, as confirmed by the Office of Best Practice Regulations. Offences and penalties for breach are not explicitly stated in the explanatory statement. However, the repealed order's ineffectiveness prior to the new regulations' commencement implies that any non-compliance with the new conditions for stockfoods could potentially lead to regulatory action under the Agricultural and Veterinary Chemicals Code Act 1994. Violations of the new regulatory standards could result in enforcement actions, fines, or other penalties as prescribed by the Act. Given the nature of the amendments, it is crucial for stakeholders to ensure they are aware of and adhere to the new conditions outlined in the Agricultural and Veterinary Chemicals Legislation Amendment (Animal Feed Reform and Other Measures) Regulation 2015 to avoid any regulatory repercussions.