Agricultural Standards Regulation 1997

1Short title

This regulation may be cited as the Agricultural Standards Regulation 1997 .

2Commencement

This regulation commences on 1 October 1997.

3Definitions—the dictionary

The dictionary in schedule 5 defines particular words and phrases used in this regulation.

4Scientific names of plants and seed

Scientific names mentioned in this regulation follow—

(a)for insects—the CSIRO handbook of insects;

(b)for plants and seed—the CSIRO handbook of economic plants.

5Meaning of fertiliser

(1) Fertiliser, means a substance, including a gypsum, a lime and a soil conditioner—

(a)containing at least 1 element in at least its minimum percentage content; and

(b)manufactured or sold for conditioning, decreasing the acidity of, or fertilising soil, or supplying nutrients to crops or plants.

(2)However, fertiliser does not include anything declared under the Commonwealth Act or Regulation to be an agricultural chemical product or a veterinary chemical product.

6Substances exempted from pt 2

(1)This part does not apply to a following substance unless the substance’s seller claims it is a fertiliser—

(a)composted or unprocessed animal manure;

(b)material attached to and supplying nutrients to seed;

(c)peat or peat moss;

(d)pelletised or mixed animal manure (whether or not mixed with vegetable matter);

(e)planting unit mixture;

(f)potting mixture;

(g)unprocessed manufacturer’s waste.

Example of planting unit mixture in subsection (1) (e)—

material in a seedling tube giving nutrients to the seedling

(2)In subsection (1)—

claim, as a fertiliser, includes a representation of an element and the element’s minimum percentage content on a label.

7Fertilisers exempted from div 2

(1)This division only applies to fertiliser manufactured for sale.

(2)However, this division does not apply to fertiliser sold to a person for manufacturing other fertiliser for trade or commerce.

8Fertiliser must be labelled

Fertiliser must be labelled.

Note—

For how labelling must be done see part 5. Under section 11 (2) of the Act it is an offence to sell an agricultural requirement unless it is labelled in the required way.

9Information to be contained on label

A fertiliser’s label must contain the following information about the fertiliser—

(a)its distinctive name;

(b)the name and principal place of business of its manufacturer or seller;

(c)for each element present in the fertiliser in at least its minimum percentage content, other than when the element only gives minimal value to plant growth—

(i)the element’s name; and

(ii)the element’s percentage content; and

(iii)each form in which the element is present.

Examples of paragraph (c)—

1A fertiliser contains nitrogen in the forms of urea, ammonium and nitrate, each with 3% of the fertiliser’s nitrogen content. The label must state the fertiliser contains nitrogen in the forms of urea 3%, ammonium 3%, nitrate 3% and has a total nitrogen content of 9%.

2A fertiliser contains phosphorus in a water soluble form with a concentration of 8%, a citrate soluble form with a concentration of 1% and a citrate insoluble form with a concentration of 1%. The label must state the fertiliser contains phosphorus in the forms of water soluble 8%, citrate soluble 1%, citrate insoluble 1% and has a total phosphorus content of 10%.

3A fertiliser contains calcium in the form of calcium carbonate with a concentration of 36% and zinc as an impurity in the calcium carbonate with a concentration of 0.04% with minimal value to plant growth. The label must state the fertiliser contains calcium in the form of carbonate with a content of 36%. The content of the zinc present in the fertiliser need not be stated.

10Further information to be contained on label of fertiliser named by using a number

(1)This section does not limit section 9.

(2)If a fertiliser is named on its label by using a number not reflecting the actual percentage content of each element in the fertiliser, the label must also state each element’s percentage content directly below the fertiliser’s name.

Examples of subsection (2)—

1A fertiliser named ‘Smith’s P22’ contains a total nitrogen content of 10%, a total phosphorus content of 5% and a total potassium content of 3%. Its label must state the elements and each of their percentage contents directly below the fertiliser’s name.

2A fertiliser named ‘Jones’ TE4’ contains a total zinc content of 22%. Its label must state the element and its percentage content directly below the fertiliser’s name.

(3)However, if the fertiliser contains nitrogen, phosphorus or potassium in at least their minimum percentage content, it is enough to only state each of their percentage contents directly below the fertiliser’s name.

Example of subsection (3)—

A fertiliser named ‘Brown’s BP66’ contains a total nitrogen content of 12%, a total phosphorus content of 2%, a total potassium content of 12%, a total copper content of 0.9% and a total zinc content of 0.9%. Its label must state the elements nitrogen, phosphorus and potassium and each of their percentage contents directly below the fertiliser’s name.

(4)In this section—

element means an element present in the fertiliser in at least its minimum percentage content.

11Further information to be contained on particular fertiliser labels

(1)The label of blood and bone based fertiliser must also state the fertiliser’s blood and bone percentage content.

(2)The label of phosphatic fertiliser must also contain a warning that the fertiliser must not be fed to stock if it contains more than—

(a)40g fluorine for each kilogram of phosphorus; or

(b)100mg cadmium for each kilogram of phosphorus.

(3)The label of lime must also state the lime’s neutralising value, worked out in the way stated in section 24, and its fineness.

Note—

For its fineness, see section 22.

(4)The label of gypsum must also state—

(a)whether the gypsum is grade 1, 2 or 3; and

Note—

For how the grades are worked out see section 17.

(b)the gypsum’s fineness; and

(c)if it contains more than 0.8% sodium—a warning that it is unsuitable for reclaiming saline sodic soils.

(5)The label of elemental sulfur or fertiliser containing elemental sulfur must also state the sulfur’s grade and, if it contains a combination of grades, the percentage content of each grade.

Note—

Section 18 states the particle size for each grade of elemental sulfur.

(6)The label of fertiliser containing biuret must also state the following—

(a)the fertiliser’s maximum biuret percentage content;

(b)for foliar fertiliser, other than solely for turf, containing—

(i)more than 10g, but not more than 20g, biuret for each kilogram of nitrogen—a warning that the fertiliser is not recommended for repeated foliar application on citrus trees;

(ii)more than 20g, but not more than 30g, biuret for each kilogram of nitrogen—a warning that the fertiliser is not recommended for repeated foliar application on annual or perennial horticultural crops;

(iii)more than 30g biuret for each kilogram of nitrogen—a warning that the fertiliser is not recommended for foliar application;

(c)for foliar fertiliser used solely for turf—a statement that the fertiliser is for use in turf only and must not be used in other foliar sprays;

(d)for non-foliar fertiliser—a statement that the fertiliser is for soil application only and must not be used in foliar sprays.

(7)The label of fertiliser containing phosphorous acid or its salts containing the phosphite ion, or a combination of phosphorous acid and its salts containing the phosphite ion, must also state—

(a)the fertiliser must not be used as a foliar fertiliser; and

(b)use of the fertiliser for a crop for which a phosphorous acid maximum residue limit has not been established may cause detectable residues in the crop and adversely affect saleability of the crop.

Editor’s note—

The Food Standards Code made under the National Food Authority Act 1991 (Cwlth), adopted under the Food Act 1981 , regulates maximum residue limits for food.

(8)The label of rock phosphate or unpelleted fertiliser, other than liquid fertiliser, containing organic matter must also state its fineness.

12Blood and bone, or blood and bone based, fertiliser

(1)Blood and bone fertiliser must contain the following—

(a)at least 90% of meal containing animal blood, bone or flesh, fish or feather;

(b)at least 4.5% nitrogen and 5% phosphorus;

(c)not more than 0.2% water soluble nitrogen and 0.5% water soluble phosphorus.

(2)Blood and bone based fertiliser must contain at least 65% of meal containing animal blood, bone or flesh, fish or feather.

(3)Also, if blood and bone, or blood and bone based, fertiliser is unpelleted—

(a)it must be capable of passing through a 2.36mm sieve; and

(b)at least 50% of it must pass through a 500µm sieve.

Editor’s note—

‘µm’ is the symbol for micrometre.

13Other organic fertiliser

(1)Organic fertiliser must contain at least 95% organic matter.

(2)Organically-based fertiliser must contain at least 65% organic matter.

(3)Also, if organic, or organically-based, fertiliser or a fertiliser containing organic matter is unpelleted (other than liquid fertiliser)—

(a)it must be capable of passing through a 4mm sieve; and

(b)at least 30% of it must pass through a 500µm sieve.

14Phosphatic fertiliser

(1)Rock phosphate fertiliser and reactive rock phosphate fertiliser must be derived from naturally occurring calcium phosphate and contain at least 12% phosphorus.

(2)At least 70% of rock phosphate fertiliser must pass through a 500µm sieve.

(3)At least 30% of the total phosphorus of reactive rock phosphate fertiliser must be soluble in citric acid.

(4)Superphosphate fertiliser must—

(a)be rock phosphate treated with sulfuric acid; and

(b)contain at least 10% sulfur; and

(c)have a soluble phosphorus content of at least—

(i)for water soluble phosphorus—7%; or

(ii)for water and citrate soluble phosphorus—8%.

(5)Double superphosphate fertiliser must—

(a)be rock phosphate treated with phosphoric acid or sulfuric acid; and

(b)have a soluble phosphorus content of at least—

(i)for water soluble phosphorus—13%; or

(ii)for water and citrate soluble phosphorus—15%.

(6)Triple superphosphate fertiliser must—

(a)be rock phosphate treated with phosphoric acid; and

(b)have a soluble phosphorus content of at least—

(i)for water soluble phosphorus—15%; or

(ii)for water and citrate soluble phosphorus—17%.

(7)Monoammonium phosphate fertiliser must be derived from monoammonium phosphate and contain at least 9.5% nitrogen and 21% phosphorus.

(8)Diammonium phosphate fertiliser must be derived from diammonium phosphate and contain at least 17% nitrogen and 19% phosphorus.

15Other inorganic fertilisers

(1)Ammonium sulfate fertiliser must be derived from ammonium sulfate and contain at least 20% nitrogen present as ammonium.

(2)Potassium sulfate fertiliser must be derived from potassium sulphate and contain at least 41% potassium and 16% sulfur.

(3)Potassium chloride fertiliser must be derived from potassium chloride and contain at least 49% potassium.

(4)Urea fertiliser must be derived from urea and contain at least 45% nitrogen.

16Lime

Dolomite or dolomitic limestone must contain at least 80g of magnesium in the form of magnesium carbonate for each kilogram of the total product.

17Gypsum

(1)Gypsum of any grade must be naturally occurring.

(2)Gypsum of the following grades must contain at least the following percentages of sulfur—

(a)grade 1—15%;

(b)grade 2—12.5%;

(c)grade 3—10%.

(3)Phosphogypsum must contain at least 14% sulfur and not more than 20% free moisture.

18Fertiliser containing elemental sulfur

The particle size of elemental sulfur in fertiliser containing elemental sulfur must be—

(a)for fine grade sulfur—less than 0.25mm; or

(b)for medium grade sulfur—0.25mm to 0.5mm; or

(c)for coarse grade sulfur—more than 0.5mm.

19Allowable variations for certain stated attributes of fertiliser

(1)A representation that a fertiliser has a particular fineness, neutralising value or percentage content of something (the represented attribute) is not false or misleading if—

(a)the fertiliser’s represented attribute differs from its actual attribute; and

(b)the difference between its represented and actual attribute is within the allowable variation for the attribute.

(2)For this section, the allowable variation for an attribute mentioned in schedule 1, column 1 is a variation up to and including the allowable deficiency stated opposite the attribute in schedule 1, column 2, or the allowable excess stated opposite the attribute in schedule 1, column 3.

(3)In schedule 1, the allowable deficiency or allowable excess for an attribute, is expressed as a percentage of the attribute’s stated content in the fertiliser.

(4)To remove any doubt, this section does not apply to the content of a harmful ingredient in a fertiliser.

(5)In subsection (1)—

actual attribute means the actual fineness, neutralising value or percentage content of the thing worked out by analysing a sample of the fertiliser by an AOAC official method using sampling methods established for liming materials and fertilisers by the AOAC.

Example of operation of this section—

A label for fertiliser states the fertiliser contains 5% potassium and its actual potassium content is 4.5%. Under schedule 1, the allowable deficiency is 10% of the stated 5%. Therefore, it is not a false or misleading statement if the fertiliser contains 0.5% less than 5% potassium (namely, 4.5%).

20Harmful ingredients

Cadmium, chloride, fluorine, lead and mercury are harmful ingredients in fertiliser.

21Maximum amount of a harmful ingredient a fertiliser may contain

(1)The maximum amount of cadmium a fertiliser may contain is—

(a)for phosphatic fertiliser—300mg for each kilogram of phosphorus; or

(b)for nonphosphatic fertiliser, other than phosphogypsum or trace element fertiliser—10mg for each kilogram of the total product; or

(c)for phosphogypsum—15mg for each kilogram of the total product; or

(d)for trace element fertiliser—50mg for each kilogram of the total product.

(2)The maximum amount of chloride a fertiliser recommended for use in tobacco cultivation may contain is 20g for each kilogram of the total product.

(3)The maximum amount of fluorine a phosphatic fertiliser may contain is—

(a)for phosphatic fertiliser other than rock phosphate—25g for each kilogram of total product; or

(b)for rock phosphate—40g for each kilogram of the total product.

(4)The maximum amount of lead a fertiliser may contain is—

(a)for fertiliser, other than lime or gypsum, fertiliser containing at least 25% organic matter, fertiliser with added zinc for soil or trace element fertiliser—100mg for each kilogram of the total product; or

(b)for lime or gypsum—30mg for each kilogram of the total product; or

(c)for fertiliser containing at least 25% organic matter—300mg for each kilogram of the total product; or

(d)for fertiliser with added zinc for soil—500mg for each kilogram of the total product; or

(e)for trace element fertiliser for—

(i)foliar application only—500mg for each kilogram of the total product; or

(ii)foliar or direct soil application—500mg for each kilogram of the total product; or

(iii)direct soil application only—2000mg for each kilogram of the total product.

(5)The maximum amount of mercury a fertiliser may contain is 5mg for each kilogram of the total product.

(6)In this section—

fertiliser with added zinc for soil means a fertiliser that contains at least 0.5% added zinc for direct soil application, other than a trace element fertiliser.

trace element means boron, cobalt, copper, iron, manganese, molybdenum, selenium or zinc.

trace element fertiliser means a fertiliser containing 1 or more trace elements as the only elements in at least their minimum percentage content for direct soil or foliar application.

s 21 amd 2001 SL No. 10 s 3

22Meaning of substance’s fineness

Fineness, of a substance, means the percentage of the substance passing through a sieve with an aperture of the size stated for the substance—

(a)for rock phosphate, other than reactive rock phosphate, or a fertiliser containing organic matter—500µm; and

(b)for lime—250µm; and

(c)for gypsum—2mm.

23Measuring phosphorus in fertiliser

If, under this regulation, fertiliser must have a particular content of phosphorus in a particular form—

(a)the amount by which water soluble phosphorus is more than its required content may offset a deficiency in its citrate soluble phosphorus content; and

(b)for fertiliser with a citrate soluble phosphorus content of less than 25% of its combined water soluble and citrate soluble phosphorus content—the amount by which citrate soluble phosphorus is more than its required content may offset a deficiency in its water soluble phosphorus content.

24Working out lime’s neutralising value

For this regulation, the neutralising value of a lime must be worked out under AOAC official method 955.01.

25Seed exempted from div 1

(1)This division does not apply to forestry tree or ornamental flower seed.

(2)Also, the division does not apply to seed sold by its grower if the grower—

(a)has not cleaned or tested it for its germination percentage; and

(b)gives the buyer a written statement that the grower has not cleaned or tested the seed.

26Seed must be labelled

Seed must be labelled.

Note—

For how labelling must be done, see part 5. Under section 11 (2) of the Act it is an offence to sell an agricultural requirement unless it is labelled in the required way.

27Information to be contained on label of seed sold in a large quantity

(1)This section only applies to the following seed sold in at least the quantity stated for the seed—

(a)bean, maize or pea seed—1kg;

(b)vegetable seed (other than bean, maize or pea seed)—100g;

(c)other seed—10kg.

(2)A label for seed must contain the following information about the seed—

(a)its common name;

(b)its minimum germination percentage by count;

(c)its minimum pure seed percentage by weight;

(d)its maximum other seed percentage by weight;

(e)its batch or lot identification.

(3)If the seed is leguminous seed and it contains hard seed, the label must also state the maximum hard seed percentage by count of the leguminous seed.

(4)If the minimum germination percentage of seed is worked out after the seed sample is treated to break its dormancy, its label must also state the way the seed was treated.

(5)If the name and principal place of business of a seed’s previous seller is not written on its container or label, its label must also state the name and principal place of business of its current seller.

(6)In subsection (4)—

treated does not include treated under a control method stated in the international rules.

28Further information to be contained on label of coated or treated seed

(1)The label of coated seed must also state the coating’s percentage content in the seed.

(2)The label of seed treated with a chemical seed treatment must also state the following—

(a)the seed has been treated with a chemical seed treatment and the chemical’s name;

(b)the package contains chemical residue and must not be used again;

(c)if animal or human consumption of the chemical seed treatment is prohibited under an Act—that animal or human consumption of the seed is prohibited.

29Information to be contained on label of seed sold in a mixture

(1)This section applies to seed sold in a mixture containing more than 1 seed species.

(2)For each species with a percentage content by weight in the mixture of at least 5%, the label for the seed mixture must—

(a)contain the information mentioned in section 27 (2); and

(b)comply with sections 27 (3) to (5) and 28.

30Information to be contained on label of seed sold in a small quantity

(1)This section only applies to the following seed sold in less than the quantity stated for the seed—

(a)bean, maize or pea seed—1kg;

(b)vegetable seed (other than bean, maize or pea seed)—100g;

(c)other seed—10kg.

(2)However, this section does not apply to—

(a)seed mentioned in subsection (1) (c) sold in a quantity less than 10kg if the original container from which the seed is taken—

(i)is labelled under this division; and

(ii)may be inspected easily by the buyer; or

(b)seed labelled under sections 27 to 29.

(3)A label for seed must contain the following information about the seed—

(a)its common name;

(b)for seed treated with a chemical seed treatment—a statement that it has been treated with a chemical seed treatment and must not be used for human or animal consumption;

(c)the month and year by which it should be sown.

31Prohibited materials

(1)The following things are prohibited material in seed—

(a)a live insect, at any stage of its development, stated in schedule 2, part 1, division 1;

(b)a weed seed stated in schedule 2, part 1, division 2, or a seed that cannot be visually distinguished from a weed seed stated in the division.

(2)Despite subsection (1) (b), johnson grass seed (Sorghum halepense) or a seed that cannot be visually distinguished from johnson grass seed is not a prohibited material in seed of a sorghum species or cultivar that cannot be visually distinguished from johnson grass.

32Harmful ingredient in sunflower seed

(1)Sclerotes of Sclerotinia spp. is a harmful ingredient in sunflower seed (Helianthus annuus).

(2)The maximum percentage by weight of sclerotes that sunflower seed may contain is 0.1%.

33Allowable variations in label statements about germination, purity and seed content

(1)A statement on a label for seed that the seed has a particular minimum germination percentage, minimum pure seed percentage content or maximum other seed percentage content (the attribute) is not false or misleading if—

(a)the seed’s actual quality is higher than the attribute; or

(b)the difference between its stated and actual attribute is within the allowable variation for the attribute.

Examples of subsection (1) (a)—

1A label may state the minimum germination percentage is 70%, if the actual germination percentage is 90%.

2A label may state the minimum pure seed percentage is 90% if the actual pure seed percentage is 99%.

3A label may state the maximum other seed percentage is 2% if the actual other seed percentage is 0.5%.

(2)For this section, the allowable variation for an attribute for seed is the allowable variation—

(a)stated in the international rules for the seed; or

(b)if an allowable variation is not stated in the international rules for the seed—worked out at the 5% significance level under the seed testing handbook ‘Handbook of Tolerances and of Measures of Precision for Seed Testing (1963)’.

Editor’s note—

This handbook was published by the International Seed Testing Association in 1963 in ‘Proceedings of the International Seed Testing Association’, Volume 28. The International Seed Testing Association’s website address is www.seedtest.org. A copy of the handbook may be inspected, free of charge, at the department’s office at 80 Ann Street, Brisbane.

34Meaning of stock food

(1) Stock food means a basic food, or food mixture, containing at least 1 nutritional ingredient, for feeding to stock to maintain its growth, life or performance.

Examples of performance in subsection (1)—

productive, reproductive or working capacity.

(2) Stock food includes the following—

(a)a lick, other than a medicated lick;

(b)a premix;

(c)a medicated premix;

(d)a medicated stock food;

(e)a stock food supplement.

(3)However, stock food does not include anything declared under the Commonwealth Act or Regulation to be a veterinary chemical product.

(4)In subsection (1)—

nutritional ingredient, in a stock food, has the meaning given to it under the Commonwealth Regulation, section 3, definition nutritional ingredient.

Examples of nutritional ingredients—

grains, oilseed meals, animal protein meals, hay, vitamins, salt, limestone, and minerals

35Stock food exempted from pt 4

(1)Subject to subsections (2) to (4), this part does not apply to stock food—

(a)manufactured or prepared—

(i)by a veterinary surgeon or person under a veterinary surgeon’s instructions; and

(ii)to only feed stock under the veterinary surgeon’s care or charge; or

(b)to be fed to an aquarium display fish, aviary bird, cat, dog or goldfish (Carassius auratus).

(2) Section 45 applies to stock food mentioned in subsection (1) (a) or (b).

(3) Section 46 applies to stock food mentioned in subsection (1) (a) or (b), other than for the elements copper and selenium.

(4) Section 36 and division 2, subdivision 5 apply to stock food mentioned in section 44A.

s 35 amd 2003 SL No. 335 s 17

36Stock food exempted from div 2

(1)This division only applies to manufactured stock food for sale.

(2)However, this division, other than subdivision 4, does not apply to stock food sold to a person for manufacturing other stock food for trade or commerce.

s 36 amd 2002 SL No. 351 s 5

37Stock food must be labelled

Stock food must be labelled.

Note—

For how labelling must be done see part 5. Under section 11 (2) of the Act it is an offence to sell an agricultural requirement unless it is labelled in the required way.

38Information to be contained on label

(1)A stock food’s label must contain the following information about the stock food—

(a)its distinctive name;

(b)the name and principal place of business of its manufacturer or seller;

(c)the age or stage of production and species of stock to which it may be fed;

(d)for stock food not supplied in bulk, the following—

(i)its batch number;

(ii)its storage requirements;

(iii)its minimum crude protein percentage, if any;

(iv)its minimum equivalent crude protein percentage, if any;

(v)if it contains both crude protein and equivalent crude protein—its total of minimum crude protein and minimum equivalent crude protein;

(vi)its maximum crude fibre percentage content;

Note—

See section 47 for how to work out the crude fibre content.

(vii)its maximum salt (NaCl) percentage content, when added;

(e)if the stock food has a urea percentage content—

(i)the percentage; and

(ii)if the percentage is more than 3%—a warning that urea can be poisonous to stock;

(f)its copper and selenium contents, when added (each expressed in milligrams per kilogram);

(g)for a medicated premix, medicated stock food, stock food containing more than 3% urea or stock food not ready to use—directions for its use.

Examples of stage of production under paragraph (c)—

creep, weaner, grower, breeder or finisher

Example of storage requirements under paragraph (d)(ii)—

‘STORE IN A COOL DRY PLACE’

Example of stating total of minimum crude protein and minimum equivalent crude protein under paragraph (d)(v)—

If a stock food contains 5% crude protein from grain and 30% equivalent crude protein from urea, it is enough to state the total of minimum crude protein and minimum equivalent crude protein as ‘35% total minimum crude protein’.

Example of warning in subparagraph (e)(ii)—

‘Urea can be poisonous to stock and as little as 0.25g urea for each kilogram live weight can kill cattle not previously adapted to it.’

Example of stock food not ready to use in paragraph (g)—

a premix concentrate needing dilution before use

39Expiry date to be stated on label of particular stock food

(1)The label of a stock food that is a lick, medicated stock food, milk replacer or premix must also state the stock food’s expiry date.

(2)A stock food’s expiry date is not more than—

(a)for a lick, milk replacer, or premix in a solid form—2 years after the day it is manufactured; or

(b)for a premix in a liquid form—1¹/₂ years after the day it is manufactured; or

(c)for a medicated stock food—6 months after the day it is manufactured.

(3)However, if an ingredient in a stock food has an expiry date that is before the stock food’s expiry date under subsection (2), the stock food’s expiry date is the ingredient’s expiry date.

(4)An expiry date may be stated as a day or a month.

Example—

If the expiry date for a stock food mentioned in subsection (1) is 15 June 1998, the date may be stated as follows—

•‘exp. 15/6/98’

•‘exp. 6/98’.

(5)If an expiry date is stated as a month without stating a day, the expiry date is taken to be the last day of that month.

40Further information—medicated stock food

(1)The label of a medicated premix or medicated stock food must also state—

(a)the following things about a veterinary chemical product in it—

(i)its purpose;

(ii)the name and concentration in the medicated premix or medicated stock food of each of its active constituents;

(iii)the restraints, if any, for each of its active constituents;

(iv)other things in the directions on its approved label about including the active constituent in the medicated premix or medicated stock food; and

(b)any withholding period.

Example of restraint in paragraph (a)(iii)—

‘Do not feed to horses or other equines. May be fatal.’

Example of withholding period in paragraph (b)—

‘WITHHOLDING PERIOD Must not be fed to stock within 5 days before slaughter for human consumption.’

(2)In subsection (1)—

restraint means a restraint contained on the approved label for containers for the veterinary chemical product included in the stock food.

withholding period means the withholding period stated on the approved label for containers for the veterinary chemical product included in the stock food.

sdiv hdg amd 1999 SL No. 184 s 4; 2001 SL No. 134 s 9

41Application of sdiv 4

This subdivision applies to the labelling of stock food containing restricted animal material.

s 41 amd 1999 SL No. 184 s 5; 2001 SL No. 134 s 9

42Statement label must contain

(1)The label must contain the following statement—‘This product contains restricted animal material—DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS.’.

(2)The statement must be in—

(a)a position where it can be clearly seen on the face of the label; and

(b)if the label is—

(i)written or stamped on the outside of a stock food’s container—letters at least 10mm high; or

(ii)fixed to the outside of a stock food’s container—letters at least 3mm high; or

(iii)a written notice given to a buyer under section 50 (1) (b)—letters at least 3mm high; and

(c)dark print on a light background.

s 42 amd 1999 SL No. 184 s 6; 2001 SL No. 134 s 9

43Label not to be taken off container of stock food that contains restricted animal material

A person must not knowingly take the label off, or cause the label to be taken off the container of stock food that contains restricted animal material.

Maximum penalty—20 penalty units.

Note—

Under section 52 (a) it is also an offence to knowingly take the label off, or knowingly cause the label to be taken off, any agricultural requirement before the requirement is delivered to the buyer.

s 43 amd 1999 SL No. 184 s 7 ; 2001 SL No. 134 s 9

44Obscuring statement

A person must not knowingly mark or deface a label so as to obscure a statement on the label made or purporting to be made under section 42.

Maximum penalty—20 penalty units.

sdiv hdg ins 2003 SL No. 335 s 18

44AApplication of sdiv 5

Subject to section 36, this subdivision applies to a medicated premix or medicated stock food manufactured or prepared—

(a)by a person under a veterinary surgeon’s instructions; and

(b)to only feed stock under the veterinary surgeon’s care or charge.

s 44A ins 2003 SL No. 335 s 18

44BRequirement for stock food to be labelled

(1)Stock food to which this subdivision applies must be labelled.

Note—

See also the requirements in part 5.

(2)The label must contain the following statement—‘Medicated stock food prepared under a veterinary surgeon’s instructions. Feed only to stock under the care of the veterinary surgeon and in accordance with the instructions.’.

(3)The statement must be—

(a)in dark print on a light background; and

(b)clearly seen on the face of the label.

(4)The letters in the statement must be at least—

(a)if the label is written or stamped on the outside of the stock food container—10mm high; or

(b)if the label is fixed to the outside of the stock food container—3mm high; or

(c)if the label is a written notice given to a buyer under section 50 (1) (b)—3mm high.

s 44B ins 2003 SL No. 335 s 18

44CLabel not to be removed from stock food container

A person must not knowingly—

(a)remove the label mentioned in section 44B from a container of stock food to which this subdivision applies; or

(b)cause the label to be removed.

Maximum penalty—20 penalty units.

s 44C ins 2003 SL No. 335 s 18

44DStatement on label not to be obscured

A person must not knowingly mark or deface a label mentioned in section 44B so that the statement mentioned in section 44B (2) is obscured.

Maximum penalty—20 penalty units.

s 44D ins 2003 SL No. 335 s 18

45Prohibited materials

The following things are prohibited materials in stock food—

(a)a nitrofuran mentioned in schedule 2, part 2, division 1;

(b)a plant (including a seed and part of the plant) mentioned in schedule 2, part 2, division 2;

(c)a substance mentioned in schedule 2, part 2, division 3;

(d)a sulfonamide mentioned in schedule 2, part 2, division 4.

46Harmful ingredients

(1)The following things are harmful ingredients in stock food—

(a)an antioxidant mentioned in schedule 3, part 1, column 1;

(b)an element or a mineral mentioned in schedule 3, part 2, column 1;

(c)a weed seed mentioned in schedule 3, part 3, column 1;

(d)a thing mentioned in schedule 3, part 4, column 1.

(2)The maximum amount of a harmful ingredient mentioned in schedule 3 that stock food may contain is stated opposite the harmful ingredient in schedule 3, part 1, 2, 3 or 4, column 2.

(3)A pesticide mentioned in table 4, column 1, of the MRL standard is also a harmful ingredient in stock food mentioned opposite the pesticide or the codes stated under the pesticide in the standard, table 4, column 2.

(4)The maximum amount of pesticide that stock food mentioned in subsection (3) may contain is the amount producing in the food the maximum residue limit or the extraneous residue limit stated opposite the pesticide or the codes stated under the pesticide in the MRL standard, table 4, column 3.

(5)The provisions of the MRL standard are adopted in this section for a pesticide mentioned in subsections (3) and (4).

(6)In this section—

extraneous residue limit see MRL standard, definitions, definition extraneous residue limit.

maximum residue limit see MRL standard, definitions, definition maximum residue limit.

MRL standard means the National Registration Authority for Agricultural and Veterinary Chemicals, MRL Standard Maximum Residue Limits in Food and Animal Feedstuffs of Agricultural and Veterinary Chemicals and Associated Substances, published by the Australian Government Publishing Service, Canberra.

47Working out crude fibre in stock food

For this regulation, the crude fibre content of stock food must be worked out under AOAC official method 962.09.

48Offence about selling stock food after its expiry date

(1)A person must not sell stock food to another (the buyer) after—

(a)its expiry date stated on the stock food’s label; or

(b)if its expiry date is not stated on the label—its latest expiry date worked out under section 39.

Maximum penalty—20 penalty units.

(2)However, it is a defence for the person to prove when the buyer bought the stock food the buyer—

(a)knew the stock food was being sold after its expiry date; and

(b)was offered a concession by the person to buy the stock food because it was being sold after its expiry date.

(3)In this section—

concession, to the buyer, includes a discount or the giving of credit on goods purchased or to be purchased.

49Application of pt 5

This part applies if an agricultural requirement must be labelled under this regulation.

Notes—

In the schedule to the Act, agricultural requirement means—

(a)seed, fertiliser, lime or stock food; or

(b)other material declared under a regulation to be an agricultural requirement.

Other legislation may also require other matters to be contained on labels. See, for example, the Health (Drugs and Poisons) Regulation 1996 , part 4 and the National Measurement Act 1960 (Cwlth).Under section 12 (1) (a) of the Act, a person must not make a representation the person knows is false or misleading in a material particular in connection with the supply or possible supply or promotion of the supply or use of an agricultural requirement.

s 49 amd 2010 No. 50 s 18 sch

50Labelling method

(1)A label must be—

(a)written or stamped on, or fixed to, the outside of the container; or

(b)if the agricultural requirement is sold in bulk and a label cannot be on or fixed to its container—a written notice given to the buyer before or when the requirement is delivered to the buyer.

(2)A notice under subsection (1) (b) may be fixed to or form part of a delivery docket or invoice given to the buyer.

51Required label information to be in English

(1)Information a label must contain or a thing a label must state under this regulation must be visibly and legibly written in English.

(2)However, a person may write information on a label—

(a)other than information under this regulation; and

(b)in another language as well as in English.

52Labels not to be taken off before delivery

A person must not knowingly take the label off, or cause the label to be taken off—

(a)an agricultural requirement’s container before the requirement is delivered to the buyer; or

(b)if the label is fixed to or forms part of a delivery docket or invoice under section 50 (2)—the delivery docket or invoice before it is delivered to the buyer.

Maximum penalty—20 penalty units.

section 19 (2) and (3)

sections 31 and 45

section 46

sch 3 amd 1999 SL No. 184 s 8; 2001 SL No. 134 s 9

section 3 and schedule 5

section 3

Agricultural chemical product see Commonwealth Act, schedule, section 4.

animal matter means—

(a)an animal carcass; or

(b)matter derived from an animal, including, for example, meal and animal blood, faeces and tissue.

def animal matter ins 2002 SL No. 351 s 6(2)

AOAC official method means an analytical method of the Association of Official Chemists contained in the document ‘Official Methods of Analysis of AOAC International’ published by AOAC International.

Editor’s note—

A copy of the document may be inspected at the Department of Natural Resource’s library, block ‘B’, Meiers Road, Indooroopilly, Brisbane. AOAC International’s website address is <www.aoac.org>.

approved label see Commonwealth Act, schedule, section 3, definition approved label.

AS 5008 means AS 5008—2001, Australian Standard for the hygienic rendering of animal products.

Editor’s note—

A copy of AS 5008—2001 is available for purchase on SAI Global’s website at <infostore.saiglobal.com>.

def AS 5008 ins 2002 SL No. 351 s 6(2)

chemical seed treatment means treating seed with an agricultural chemical product registered or approved under the Commonwealth Act for application to seeds that are to be stored before planting or sowing.

coated seed has the meaning given to encrusted seed, seed granules or seed pellets, by the international rules.

Commonwealth Act means the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth).

Commonwealth Regulation means the Agricultural and Veterinary Chemicals Code Regulations 1995 (Cwlth).

crude fibre in stock food, see section 47.

crude protein, for stock food (other than molasses), means its nitrogen content (other than ammoniacal, nitrate, urea or biuret nitrogen contents) multiplied by 6.25.

CSIRO handbook of economic plants means Lazarides M and Hince B (1993), CSIRO Handbook of Economic Plants of Australia, (2nd edition) CSIRO Publications, 314 Albert Street, East Melbourne, Victoria.

CSIRO handbook of insects means Naumann I D, (1993), CSIRO Handbook of Australian Insect Names, (5th edition) CSIRO Publications, 314 Albert Street, East Melbourne, Victoria.

distinctive name for fertiliser or stock food, means a name identifying the fertiliser or stock food from another fertiliser or stock food having the same or a similar name.

element, in part 2, means aluminium, boron, calcium, cobalt, copper, iron, magnesium, manganese, molybdenum, nitrogen, phosphorus, potassium, selenium, sulfur, or zinc.

equivalent crude protein, for stock food, means its ammoniacal, nitrate, urea or biuret nitrogen content multiplied by 6.25.

fertiliser see section 5.

final product, for stock food, means—

(a)a stock food in a form ready to be fed to stock; or

(b)the food produced when a stock food must by its directions be diluted with other stock foods or substances.

fineness, of a substance, see section 22.

germination percentage, of seed, has the meaning given to percentage germination by the international rules.

gypsum includes phosphogypsum.

hard seed see international rules.

international rules means the ‘International Rules for Seed Testing, 1996’ published as a supplement to Seed Science and Technology, Volume 24, by the International Seed Testing Association.

Editor’s note—

The International Seed Testing Association’s website address is <www.seedtest.org>. A copy of the international rules may be inspected, free of charge, at the department’s office at 80 Ann Street, Brisbane.

label, of an agricultural requirement, means a label written, stamped on or fixed under section 50.

lick see Commonwealth Regulation, section 3, definition block or lick.

lime means a substance consisting mainly of calcium or magnesium carbonate, oxide or hydroxide, or a combination of calcium or magnesium carbonate, oxide or hydroxide, for decreasing the acidity of soil.

mammalian material ...

def mammalian material ins 1999 SL No. 184 s 9

om 2001 SL No. 134 s 10(1)

medicated lick see Commonwealth Regulation, section 3, definition medicated block or lick.

medicated premix see Commonwealth Regulation, section 3, definition medicated premix.

medicated stock food see Commonwealth Regulation, section 3, definition medicated stockfood.

milk replacer means food for feeding to stock from birth as a replacement for whole milk.

mineral supplement means a manufactured stock food—

(a)intended to supply supplementary minerals (essential elements or their compounds) to cattle, goats, horses or sheep; and

(b)formulated and administered so as to limit intake to up to 10% of the animal’s total food intake.

minimum percentage content for an element in a substance, means its percentage content stated in schedule 4, columns 2 and 3 opposite the element’s name in schedule 4, column 1.

neutralising value, of a lime, means the comparison between its ability and the ability of pure calcium carbonate to neutralise acidity.

Editor’s note—

Pure calcium carbonate is taken to have a neutralising value of 100.

organic matter means matter derived from animals or plants.

other seed means a seed unit of a plant species (other than pure seed) classified as other seed under the international rules.

percentage content means—

(a)for a solid in a seed or other solid substance—the proportion (expressed as a percentage) the solid’s weight bears to the total weight of the seed or substance; or

(b)for a solid in a liquid—the proportion (expressed as a percentage) the liquid’s weight bears to the total volume of the substance

phosphatic fertiliser means a fertiliser containing at least 2% phosphorus.

phosphogypsum means gypsum obtained as a by-product of fertiliser manufacturing.

premix see Commonwealth Regulation, section 3, definition premix.

principal place of business, of a person, means a principal place of business in Australia at which a document may be served on the person.

pure seed means—

(a)for seed of the species Andropogon gayanus, Bothriochloa insculpta, Bothriochola pertusa or Dichanthium aristatum—a spikelet or floret (with or without an enclosed caryopsis), a caryopsis or piece of caryopsis more than one-half of its original size; or

(b)for seed of another species—see international rules.

rendered animal fat means fat, including tallow, or oil extracted from animal matter by rendering under AS 5008.

def rendered animal fat ins 2002 SL No. 351 s 6(2)

restricted animal material—

(a)means meal, including, for example, meat and bone meal, blood meal and meat meal, made by rendering animal matter under AS 5008; but

(b)does not include the following—

(i)gelatin;

(ii)milk of Australian origin;

(iii)a milk product made in Australia and derived from milk of Australian origin;

(iv)rendered animal fat.

def restricted animal material ins 2001 SL No. 134 s 10(2)

sub 2002 SL No. 351 s 6(1)–(2)

ruminant material ...

def ruminant material om 1999 SL No. 184 s 9

seed means seed for planting or sowing.

sieve means a test sieve complying with AS 1152.

Editor’s note—

AS 1152 is a standard published by Standards Australia. A copy of the standard may be purchased from SAI Global at <infostore.saiglobal.com>. A copy of the standard may be inspected, free of charge, at the department’s office at 80 Ann Street, Brisbane.

soil conditioner means a substance for improving soil structure by enhancing crumb development, its permeability to air and water, and by reducing crusting of dry soil.

stock means vertebrate animals (other than humans), bees, crustaceans or molluscs.

stock food see section 34.

stock food supplement see Commonwealth Regulation, section 3, definition stockfood supplement.

tissue includes blood.

def tissue ins 1999 SL No. 184 s 9

veterinary chemical product see Commonwealth Act, schedule, section 5.