Agricultural Standards Act 1952

Queensland AGRICULTURAL STANDARDS ACT 1952 Reprinted as in force on 24 November 1993 (includes amendments up to Act No. 23 of 1993) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 24 November 1993. As required by section 5 of the Reprints Act 1992 , it— • shows the law as amended by all amendments that commenced on or before that day; and • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. As required by section 6 of the Reprints Act 1992 , the reprint includes a reference to the law by which each amendment was made—see List of legislation and List of annotations in Endnotes. The opportunity has also been taken, under section 7 of the Reprints Act 1992 , to do the following— • omit the enacting words as permitted by section 7(1)(a) of that Act; • use citations and references permitted by Division 2 of that Act; • use updated references permitted by Division 3 of that Act; • express gender specific provisions in a way consistent with current legislative drafting practice as permitted by section 24 of that Act; • use gender neutral office names as permitted by section 25 of that Act; • correct spelling, and use different spelling consistent with current legislative drafting practice, as permitted by section 26 of that Act; • use punctuation and expressions consistent with current legislative drafting practice as permitted by sections 27 and 29 of that Act; • use conjunctives and disjunctives consistent with current legislative drafting practice as permitted by section 28 of that Act; • reorder definitions as permitted by section 30 of that Act; • use the provision units permitted by section 32 of that Act; • relocate marginal or cite notes as permitted by section 34 of that Act; • use aspects of format and printing style consistent with current legislative drafting practice as permitted by section 35 of that Act; • omit provisions that are no longer required as permitted by section 39 of that Act; • omit unnecessary referential words as permitted by section 41 of that Act; • use the numbering and renumbering of provisions and references permitted by section 43 of that Act; • correct minor errors as permitted by section 44 of that Act. Also see Endnotes for— • details about when provisions commenced; and • any provisions that have not commenced and are not incorporated in the reprint.

Queensland AGRICULTURAL STANDARDS ACT 1952 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Saving of the Health Act 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 2—ADMINISTRATION 8 Appointment of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8A Delegation by standards officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8B Functions of deputy standards officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 9 The Agricultural Requirements Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 10 Functions, powers, and duties of standards officer . . . . . . . . . . . . . . . . . . . . 21 11 The Seed Certification Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 12 Certification subcommittees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 3—REGISTRATION OF CERTAIN AGRICULTURAL REQUIREMENTS 14 Application of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 15 Prohibition of sale of unregistered agricultural requirements . . . . . . . . . . . . 22 16 Registration of agricultural requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 16A Provisional registration of agricultural requirement . . . . . . . . . . . . . . . . . . . 23 17 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 18 Board to recommend as to registration of certain agricultural requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 19 Registration of agricultural requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 20 Registered name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 20A Board may request further information etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 28

2 Agricultural Standards Act 1952 21 Power of the standards officer to require the furnishing of additional information etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 22 Period of registration of agricultural requirements . . . . . . . . . . . . . . . . . . . . 30 23 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 24 Notifications from wholesale dealers in certain cases . . . . . . . . . . . . . . . . . 31 25 Cancellation of registration on recommendation of the Board . . . . . . . . . . 33 26 Further provisions as to cancellation of registration . . . . . . . . . . . . . . . . . . . 33 27 Alteration regarding registered agricultural requirement . . . . . . . . . . . . . . . 34 28 Register of agricultural requirements registered under this Part . . . . . . . . . 35 29 Wholesale dealer to have place of business in Queensland etc. . . . . . . . . . 36 30 Information as to composition to be confidential . . . . . . . . . . . . . . . . . . . . . 37 31 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 32 Powers of standards officer with respect to samples of agricultural requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 33 Notices by wholesale dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 4—CLEARED AGRICULTURAL REQUIREMENTS 34 Registration subject to clearance conditions . . . . . . . . . . . . . . . . . . . . . . . . . 40 35 Clearance conditions additional and take precedence . . . . . . . . . . . . . . . . . 40 36 Withdrawal or revocation of clearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 37 Wholesale dealer notified of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 38 No appeal against cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 PART 5—SEEDS Division 1—The committee and subcommittees 39 Membership of the committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 40 Membership of subcommittees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 41 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 42 Power of the committee to prepare and carry out certification schemes . . 44 42A Delegation by committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 2—Certified seed provisions 43 Registration of area to grow crop for production of certified seed . . . . . . . . 47 44 Production of certified seed subject to rules . . . . . . . . . . . . . . . . . . . . . . . . . 48 45 Power of the committee to certify seeds etc. . . . . . . . . . . . . . . . . . . . . . . . . 48 46 Fastening and labelling of certified seed produced in Queensland . . . . . . . 48

3 Agricultural Standards Act 1952 46A Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 46B False information as to identification of certified seed . . . . . . . . . . . . . . . . 49 47 Fastening and labelling of certified seed produced outside Queensland . . 49 48 Powers of seed certification officers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 49 Offences relating to certified seed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 50 Publication of list of certified seed growers . . . . . . . . . . . . . . . . . . . . . . . . . 52 PART 6—CERTAIN OFFENCES WITH RESPECT TO THE SALE OF AGRICULTURAL REQUIREMENTS 51 Offences in relation to sale of agricultural requirements . . . . . . . . . . . . . . . 52 52 Directions for use of agricultural requirement . . . . . . . . . . . . . . . . . . . . . . . . 53 53 Grade formula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 54 Offences with respect to packages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 55 Topping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 56 Agricultural requirements containing prohibited material or an excessive amount of harmful ingredients . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 PART 7—LABELLING OF AGRICULTURAL REQUIREMENTS Division 1—Labelling of seeds (other than certified seed) 57 Division 1 not to apply to certified seed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 58 Labelling of seeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 2—Labelling of agricultural requirements registered under Part 3 59 Application of this Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 60 Offences with respect to labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 61 Registered labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 62 Labels of special mixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 3—Labelling of certain stock foods 63 Labels of hay, chaff etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 4—Labelling of agricultural requirements generally 64 General labelling provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 65 Name to be printed upon package when risk of label becoming detached . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 66 Affixing false labels etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

4 Agricultural Standards Act 1952 PART 8—PROVISIONS RELATING TO INSPECTION, SAMPLING AND ANALYSIS 67 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 68 Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 69 Analysis may be published . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 70 When officer to produce certificate of officer’s appointment if so required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 71 Powers to ensure that agricultural requirement etc. detained shall comply with this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 72 Requests by inspector—to buyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 73 Obstruction of officers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 74 Tampering with seals, samples etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 76 Analyst’s report prima facie evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 PART 9—MISCELLANEOUS PROVISIONS 77 Prohibition of sale or introduction of any agricultural requirement containing prohibited material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 78 Prohibition of suggestion that agricultural requirement approved by the Government etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 79 Prohibition of the supply of certain formulas . . . . . . . . . . . . . . . . . . . . . . . . . 72 80 Right of buyer to refuse acceptance of delivery . . . . . . . . . . . . . . . . . . . . . . 73 81 Contract of sale of any agricultural requirement . . . . . . . . . . . . . . . . . . . . . . 73 82 When seeds deemed to be sold for planting or sowing . . . . . . . . . . . . . . . . . 75 83 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 84 Forfeiture by court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 85 Disposal of things forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 86 Expenses of analysis to be paid by offenders on conviction . . . . . . . . . . . . 76 87 Penalties etc. payable to Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . 77 88 Body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 89 Protection of the Minister, officers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 90 Agent or servant liable in addition to principal . . . . . . . . . . . . . . . . . . . . . . . 78 91 Evidence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 92 Service of request, direction, notice etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 93 Power of the Governor in Council to exempt from Act . . . . . . . . . . . . . . . . 82 94 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

5 Agricultural Standards Act 1952 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 83 SUBJECT MATTERS FOR REGULATIONS 1 Agricultural requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 2 Registration of agricultural requirements under Part 3 . . . . . . . . . . . . . . . . . 83 3 The Board; the committee; subcommittees . . . . . . . . . . . . . . . . . . . . . . . . . . 83 4 Disqualifications of members of the Board etc. . . . . . . . . . . . . . . . . . . . . . . 84 5 Sale of agricultural requirements for prescribed purposes etc. . . . . . . . . . . . 84 6 Particulars in directions for use of agricultural requirements . . . . . . . . . . . . 84 7 Names of agricultural requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 8 Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 9 Further provisions relating to standards etc. . . . . . . . . . . . . . . . . . . . . . . . . . 85 10 Labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 11 Prohibited seeds etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 13 Special mixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 14 Delivery to standards officer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 15 Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 16 Methods of analysis etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 17 Methods of treatment or processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 18 Standard sieves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 19 Packages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 20 Amount that may be packed in any package . . . . . . . . . . . . . . . . . . . . . . . . 89 21 Sealing of packages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 22 Stock foods of low food value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 23 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 24 Fees etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 25 Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 26 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 27 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 28 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

6 Agricultural Standards Act 1952 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 91 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 5 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 6 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98

7 Agricultural Standards Act 1952 AGRICULTURAL STANDARDS ACT 1952 [as amended by all amendments that commenced on or before 24 November 1993 2 ] An Act to consolidate and amend the law relating to the sale of seeds, fertilisers, growth regulating materials, limes, pest destroyers, stock medicines, and stock foods, and to regulate the sale of marking preparations, and testing reagents, and for other purposes † PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Agricultural Standards Act 1952 3–6 . ˙ Saving of the Health Act 1937 6. Nothing in this Act shall prejudice or affect the Health Act 1937 or any regulation made under or in pursuance of that Act. ˙ Interpretation 7.(1) In this Act— “active constituent” means where used with reference to any agricultural requirement, any constituent or active portion thereof which is or is claimed or prescribed to be the active principle of such agricultural requirement; “advertisement” means where used with reference to any agricultural requirement, any method of advertising or conveying information or making any claim with respect to the agricultural requirement, whether orally or by writing or pictorially or otherwise, including any circular,

8 Agricultural Standards Act 1952 catalogue, leaflet, pamphlet, or other document, and any public announcement made orally or by writing or by any means of producing or transmitting light or sound and “advertising matter” where used with reference to any agricultural requirement includes any advertisement and any matter whatsoever containing or in the nature of an advertisement; “agricultural requirement” means any seeds, fertiliser, growth regulating material, lime, pest destroyer, stock medicine, stock food, marking preparation, or testing reagent, and any other material prescribed to be an agricultural requirement for the purposes of all the provisions or the provisions or provision in question of this Act, and, where necessary, includes any group or subgroup of agricultural requirements as well as any agricultural requirement of any kind belonging to the group or subgroup of agricultural requirements; “analysis” means analysis or examination or analysis and examination, including any test or determination relative to standard, quality, composition, or any other particular with respect to any material or agricultural requirement, required to be ascertained for the purposes of this Act; “analyst” means any person appointed as an analyst by or under and for the purposes of this Act, and includes an acting analyst and, for the purposes of this Act in relation to seeds, includes any person appointed a seed analyst or seed specialist under this Act; “as” (when used preceded by words indicating a percentage, proportion, or amount, and name of an active constituent, and succeeded by words indicating the form or forms in which that active constituent occurs) means that such active constituent is present in the agricultural requirement in the form or forms indicated and in the percentage, proportion, or amount indicated; “Board” means the Agricultural Requirements Board constituted by and under and for the purposes of this Act; “certificate of clearance” , in relation to an agricultural requirement, means a certificate of clearance issued under the Commonwealth Act clearing the agricultural requirement for registration in Queensland; “certification scheme” means a certification scheme under and for purposes of this Act prepared and carried out by the committee;

9 Agricultural Standards Act 1952 “certified seed” means seeds and other parts of plants used or intended for propagation purposes which under and pursuant to a certification scheme prepared and carried out by the committee under and for the purposes of this Act are certified with respect to any prescribed particular or particulars, or, being produced in any place outside Queensland and certified under and pursuant to a certification scheme for that place, are approved by the committee as being certified for the purposes of this Act with respect to any prescribed particular or particulars and includes seed used in the production of certified seed; “chaff” means hay or straw cut into short lengths; “chemical steriliser” means any material used or intended for the treatment, for the purpose of destroying micro-organisms, of equipment, machinery, instruments, or utensils used on a dairy, and includes any material prescribed to be a chemical steriliser for the purposes of this Act; “chief executive” means the chief executive of the department; “cleanser” means any material used or intended for the purpose of cleansing equipment, machinery, instruments, or utensils used on a dairy, or used or intended for any other prescribed cleansing purpose relating to agriculture, or used or intended for the purpose of cleansing eggs, but does not include soaps and soap powder which are not specifically advocated for use for purposes relating to agriculture, and includes any material prescribed to be a cleanser for the purposes of this Act; “clearance” , in relation to an agricultural requirement, means the clearance of the agricultural requirement for registration in Queensland as evidenced by the issue of a certificate of clearance for the agricultural requirement; “cleared agricultural requirement” means an agricultural requirement for which a certificate of clearance is in force; “Committee” means the Seed Certification Committee constituted by and under and for the purposes of this Act; Commonwealth Act” means the Agricultural and Veterinary Chemicals Act 1988 (Cwlth); “contained” means where used with reference to any agricultural

10 Agricultural Standards Act 1952 requirement, contained, cased, covered, enclosed, or packed; “crop” includes standing plants and the product of any plants grown (including seeds and other parts of plants used or intended for propagation purposes of a prescribed hybridism, variety, or strain); “dairy” includes any place whatsoever used in connection with the production of milk or cream; “declared drug” means any material declared for the purposes of this Act by the regulations to be a declared drug with respect to all or any agricultural requirements; “disease” means where used with reference to any stock, plants, crop, or product thereof, any abnormality or feature affecting the stock, plants, crop, or product, and includes any insect, mite, nematode, fungus, bacterium, virus, or organism in any stage of development which for the purposes of this Act is prescribed to be a disease with respect to all or any stock, plants, crops, or products thereof; “fertiliser” means any material used or intended as a fertiliser or manure, or for supplying nutriment for the use of plants, or for remedying or assisting to remedy any deficiency or excess in the soil, and includes any material prescribed to be a fertiliser for the purposes of this Act, but does not include lime, nor farmyard, sheep, poultry or stable manure, nor humus, peat, seaweed, town refuse, crude offal, night soil, or trade waste, unless— (a) mixed with a fertiliser; or (b) containing or claimed to contain active constituents as prescribed; or (c) claimed to possess fertilising value; and also does not include any growth regulating material nor any material declared by the regulations to be not a fertiliser under this Act; “fungicide” means any material used or intended for destroying or preventing the attacks on plants, parts of plants, or on any produce of the soil whatsoever, or on any stock food of fungi or other parasitic plants or bacteria which affect or which may affect such plants, parts of plants, produce of the soil, or stock food, and includes any material prescribed to be a fungicide for the purposes of this Act;

11 Agricultural Standards Act 1952 “grain” means seeds and grain used or intended for the feeding of any stock; “growth regulating material” means any material used or intended for promoting or stimulating the growth of plants or parts of plants, or increasing the productivity of plants, or decreasing loss or improving the quality of crops, or improving the reproductive capacity of plants, and includes any material prescribed to be a growth regulating material for the purposes of this Act, but does not include any material declared by the regulations to be not a growth regulating material under this Act; “hay” means any dried or cured cereal, grass, or legume cut before complete ripeness and from which grain or seed has not been removed; “herbicide” means any material used or intended for destroying or preventing the spread of any plants, and includes any material prescribed to be a herbicide for the purposes of this Act; “impurity” means, in relation to any agricultural requirement, any material or any matter or thing whatsoever declared for the purposes of this Act by the regulations to be an impurity with respect to that agricultural requirement; “ingredient” means any ingredient, component, or material of composition of any agricultural requirement, and which is an original ingredient of composition, but, unless otherwise expressed or implied, ingredients may be secondary products derived from the application of any recognised process or chemical reaction on original ingredients; “insecticide” means any material used or intended for destroying insects or other pests which affect or attack plants, or parts of plants, or any produce of the soil whatsoever, or any stock food, or any stock, or for preventing such insects or other pests from affecting or attacking plants, or parts of plants, or any produce of the soil whatsoever, or any stock food, or any stock, and includes any material prescribed to be an insecticide for the purposes of this Act, but does not include a nematicide; “inspector” means any person appointed as an inspector under and for the purposes of this Act; “label” means any label, tag, brand, stamp, stencil, or writing affixed to or upon or inserted in or used or intended for use in connection with any

12 Agricultural Standards Act 1952 package containing any agricultural requirement, whether or not comprising any trademark or pictorial or other descriptive matter distinguishing or identifying that agricultural requirement, and includes any legible brand, stamp, stencil, or writing however effected upon any package; “lime” means any material containing lime used or intended for supplying lime in the practice of agriculture, and includes magnesium limes, dolomite, and gypsum; “lure” means any material used or intended to lure or attract for purposes of destruction any insect or pest or vermin relating to agriculture, and includes any material prescribed to be a lure for the purposes of this Act; “manufactured stock food” means any kind of meal or food for any stock, prepared, whether in whole or in part, from one or more than one kind of grain or oils or nuts or juices or meats or other materials of a like nature, and any condimental, patented or proprietary food for stock possessing or claimed to possess nutritive properties or nutritive as well as medicinal properties and any material of animal or vegetable origin produced in any process of treatment or manufacture not being the primary object of such process and any salt or any mineral feed or supplement for stock and any material used or intended as a lick for stock or stock lick; “marking preparation” means any material used or intended for marking or branding any stock for purposes of identification, and includes any material prescribed to be a marking preparation for the purposes of this Act, but does not include fire branding or tattooing nor any material declared by the regulations to be not a marking preparation under this Act; “material” means any article, material, or substance, natural or prepared, including any mixture or compound or derivative of a material, and includes any agricultural requirement or portion thereof and any material used or intended as an agricultural requirement or which enters into or is used in the composition or preparation of any agricultural requirement or any such material, and also includes any drug, ingredient, or active constituent; “name” means where used with reference to any agricultural requirement,

13 Agricultural Standards Act 1952 the distinctive name or the name, designation, or brand of the agricultural requirement used for distinguishing or identifying such agricultural requirement or associated with and intended for distinguishing or identifying the same; “nematicide” means any material used or intended for destroying or preventing the attacks on plants by nematodes, and includes any material prescribed to be a nematicide for the purposes of this Act; “neutralising value” , used with reference to any prescribed material or any ingredient of any agricultural requirement, means capacity to neutralise acidity (such capacity to be ascertained by the prescribed method); “officer” means the standards officer, the deputy standards officer or any assistant standards officer, analyst, seed analyst, inspector, seed certification officer, seed specialist, member of the Board, member of the committee, member of any subcommittee, or other officer appointed by or under and for the purposes of this Act; “package” means anything (including any sack, barrel, case, packet, and parcel) in or by which any agricultural requirement is contained, and where agricultural requirements are sold without containers or exterior covering, any bale, block, cake, or slab of agricultural requirement; “parts of plants” includes seeds, flowers, runners, cuttings, buds, bulbs, roots, slips, and any other parts of plants; “pest destroyer” means any chemical steriliser, cleanser, fungicide, insecticide, nematicide, lure, repellent, vermin destroyer, or herbicide, and any other material prescribed to be a pest destroyer for the purposes of this Act; “place” includes any house, shop, warehouse, factory, vehicle, station, wharf, jetty, shed, tent, thoroughfare, and any land, building, or premise whatsoever and wheresoever situated; “plant” includes any tree, vine, shrub, vegetable, or other plant whether of the same kind as the plants before enumerated or not and any part of any plant; “prohibited material” means, in relation to any agricultural requirement, any material or matter or thing whatsoever declared for the purposes of this Act by the regulations to be a prohibited material with respect to that agricultural requirement, and in relation to seeds includes

14 Agricultural Standards Act 1952 prohibited seeds; “prohibited seeds” means seeds, whether within the meaning of this Act or not, or grains declared for the purposes of this Act by the regulations to be prohibited seeds; “purity” means analytical purity, and, in relation to seeds, “pure seed” means the seeds of which the parcel purports to consist after the impurities have been eliminated, and in relation to seeds, the use of the term “purity” or of the term “pure seed” shall not be construed as meaning purity of variety or strain unless expressly prescribed; “registered” , in relation to any agricultural requirement, includes provisionally registered; “registered composition” means where used with reference to any agricultural requirement registered under Part 3, the composition thereof as set forth in the application for registration of that agricultural requirement under that Part; “registered name” means where used with reference to any agricultural requirement registered under Part 3, the name under which, for the purposes of this Act, that agricultural requirement is registered under that Part; “repellent” means any material used or intended to repel any insect or pest or vermin relating to agriculture, and includes any materials prescribed to be a repellent for the purposes of this Act; “sale” includes placing or causing to be placed on the market in Queensland, and barter and exchange and supply, and also offering or attempting to sell, and supplying or receiving for sale, or having in possession for sale, or exposing for sale, or sending, forwarding, or delivering for sale or on sale, or causing or suffering, or allowing to be sold or offered for sale, and includes the supplying or using of any agricultural requirement under a contract for work, labour and materials; “seed analyst” means any person appointed under and for the purposes of this Act as a seed analyst to analyse seeds, and includes an acting seed analyst; “seed certification officer” means any person appointed under and for the purposes of this Act as a seed certification officer, and includes an

15 Agricultural Standards Act 1952 acting seed certification officer; “seeds” means seeds used or intended for planting or sowing, and where necessary includes certified seed, and in the case of seeds to which, or to clusters of which, any fruit or part thereof normally adheres, any fruit or part thereof so adhering shall, for the purposes of this Act, be deemed to form part of the seeds; “seed specialist” means an officer of the department appointed under and for the purposes of this Act as a seed specialist to analyse or to cause to be analysed seeds, and includes an acting seed specialist; “special mixture” means with respect to any agricultural requirement to and with respect to which the provisions of Part 3 apply (so far as they are applicable), any mixture of 2 or more ingredients specially made up to the order of the buyer, but does not include any mixture regularly sold; “standards officer” means the standards officer or deputy standards officer appointed under this Act, and includes any assistant standards officer in respect of the powers, functions, authorities and duties delegated to the assistant standards officer by the standards officer under section 8A; “stock” means any horse, mule, ass, cattle, camel, buffalo, deer, sheep, goat, pig, dog, cat, domestic fowl, turkey, duck, goose, rabbit, pigeon, bee, and any other animal or bird in captivity; “stock food” means any chaff, grain, hay, manufactured stock food, straw, and any other material prescribed to be a stock food for the purposes of this Act, and includes stock foods prescribed to be of low food value, but does not include cultivated crops cut and sold as green feed, wet brewer’s grains, arrowroot, bagasse, whey, skim milk, butter milk or cornflour factory wet waste, nor any material declared by the regulations to be not a stock food under this Act; “stock medicine” means any material, including any mixture, or compound of 1 or more drugs or ingredients in any form, or any biological product, including both living and dead organisms and sera, used or intended for administering or application to any stock by any means for the purpose of— (a) curing, alleviating or treating any injury to stock; or

16 Agricultural Standards Act 1952 (b) preventing, curing, alleviating or treating any disease or ailment in stock; or (c) destroying any internal parasite or internal pest affecting stock; or (d) diagnosis in relation to stock; or (e) improving the health of or increasing the capacity of stock for work, production, reproduction of progeny or show purposes; and any material prescribed to be a stock medicine for the purposes of this Act, and includes— (f) aphrodisiacs and anaphrodisiacs; and (g) dehorning preparations; but does not include— (h) any pest destroyer or stock food or testing reagent; and (i) any stock medicine actually prescribed by a veterinary surgeon registered under the Veterinary Surgeons Act 1936 in the course of the practice of the veterinary surgeon’s profession as such; and (j) any stock medicine supplied by a veterinary surgeon registered under the Veterinary Surgeons Act 1936 for any stock for the time being under the veterinary surgeon’s professional care or charge; and (k) any stock medicine actually compounded by a pharmacist registered under the Pharmacy Act 1976 for the purposes of its application to any particular stock under the control of a particular person, but any stock medicine regularly sold or compound for general sale in the State shall be a stock medicine under and for the purposes of this Act; “straw” means any dried, ripe, or mature cereal, grass, or legume from which seed or grain has been removed in any manner whatsoever; “subcommittee” means a certification subcommittee constituted under and for the purposes of this Act; “testing reagent” means any material (whether as prepared or on dilution) used or intended for analysing, testing, or standardising any agricultural requirement or soil or water and any material which

17 Agricultural Standards Act 1952 indicates or is claimed to indicate any property or condition associated with any stock or plants or products thereof, and includes any material prescribed to be a testing reagent for the purposes of this Act, but does not include any testing reagent used in any recognised laboratory or industrial premises nor any material declared by the regulations to be not a testing reagent under this Act; “vehicle” means any vehicle of transport by land, water, or air; “vermin destroyer” means any material used or intended for destroying rabbits, hares, feral pigs, rodents, dingoes, foxes, or other prescribed noxious animals or any prescribed noxious birds, and includes any material prescribed to be a vermin destroyer for the purposes of this Act; “wholesale dealer” means, in relation to any agricultural requirement, any person who, whether as manufacturer, importer, distributor, seller, agent, or otherwise, is or will be primarily responsible for placing or causing to be placed that agricultural requirement on the market in Queensland. Meaning of term “agricultural requirement contained in a package” when agricultural requirement sold without container (4) Unless the context otherwise indicates or requires, any reference in this Act to any agricultural requirement contained in a package or to any package of agricultural requirement shall, in its application to agricultural requirements which are sold without containers or exterior covering, be construed as a reference to any bale, block, cake, or slab of the agricultural requirement. Groups of agricultural requirements etc. (5) Any reference in this Act to groups of agricultural requirements refers to the seeds, fertilisers, growth regulating materials, limes, pest destroyers, stock medicines, stock foods, marking preparations, and testing reagents groups and any other prescribed groups of agricultural requirements, and any reference in this Act to subgroups of agricultural requirements refers, in the case of pest destroyers, to the chemical sterilisers, cleansers, fungicides, insecticides, nematicides, lures, repellents, vermin destroyers, and herbicides subgroups and any other prescribed subgroups of those agricultural requirements, and, in the case of stock foods, to the chaff, grain, hay, manufactured stock foods, and straw subgroups and any other

18 Agricultural Standards Act 1952 prescribed subgroup of those agricultural requirements, and, in the case of any other group of agricultural requirements, if prescribed as so prescribed. Meanings of terms in labels etc. relating to agricultural requirements (6) Unless otherwise expressly provided by this Act any term to which a meaning is assigned by this section used in any invoice, label, or advertisement relating to any agricultural requirement or used in any form for the purposes of this Act shall be deemed to have the meaning assigned to that term by this section. † PART 2—ADMINISTRATION ˙ Appointment of officers 8.(1) Officers necessary for the administration of this Act, including— (a) a standards officer; and (b) a deputy standards officer; and (c) assistant standards officers; and (d) analysts; and (e) seed analysts; and (f) inspectors; and (g) seed certification officers; and (h) seed specialists; may be appointed under the Public Service Management and Employment Act 1988 . (2) Subsection (1) does not apply to the appointment of a person to be a member of the Board, the committee or any subcommittee. ˙ Delegation by standards officer 8A. The standards officer may delegate the standards officer’s powers under this or another Act to an assistant standards officer.

19 Agricultural Standards Act 1952 ˙ Functions of deputy standards officer 8B. The deputy standards officer shall have all the powers, functions, authorities and duties under this Act of the standards officer other than the power of delegation conferred by the provisions of section 8A. ˙ The Agricultural Requirements Board 9.(1) For the purposes of this Act with respect to growth regulating materials, pest destroyers, stock medicines, stock foods in relation to which any claim as to efficacy is or is intended to be made, testing reagents, and other agricultural requirements which cannot be registered under Part 3 except upon and in accordance with its recommendation, and other prescribed matters, there shall be constituted a Board to be called ‘The Agricultural Requirements Board’, which shall have such functions, powers, authorities, and duties as are conferred or imposed upon it by this Act. Constitution of the Board (2) The Board shall be deemed to be constituted on and from the date of the first appointment of the members, other than the ex officio members, thereof, and shall consist of— (a) the chief executive who is the chairperson; and (b) the standards officer for the time being who shall ex officio be a member of the Board, and in and during the standards officer’s absence and in the event of and during any vacancy in that office the deputy standards officer for the time being who shall also act without appointment; and 6 other members appointed from time to time on the nomination of the Minister by the Governor in Council by notification published in the Gazette, such other members being respectively— (c) an entomologist (plants); and (d) a parasitologist (veterinary); and (e) a pathologist (plants); and (f) a scientist with expert knowledge of weed control; and (g) a veterinary surgeon; and

20 Agricultural Standards Act 1952 (h) a veterinary surgeon. (2A) However, the Board shall have power to coopt any officer of the department to act in an advisory capacity with respect to all or any agricultural requirements. Tenure of office (3) Each and every member of the Board other than the ex officio members thereof shall, subject to this Act, hold office as such for such term as is prescribed (but so that any such term shall not exceed 3 years) and be eligible for reappointment. (3A) Any member of the Board, other than an ex officio member, may be removed from office at any time by the Governor in Council by notification published in the Gazette. Extraordinary vacancies (4) When a vacancy arises in the office of a member of the Board other than the ex officio members, by death, resignation, removal or otherwise howsoever, the Governor in Council shall thereupon appoint, by notification published in the Gazette, a member to hold office for the remainder of the term of the member’s predecessor. Deputy members (5) If any member is likely from any cause to be absent from any meetings of the Board for any period the Minister may appoint a deputy to act for that member during the member’s absence, and that deputy shall, while the deputy so acts, have the powers and authorities and shall perform the duties of the member whose deputy the member is. Quorum (6) Not less than 4 members of the Board shall form a quorum at any meeting of the Board. Meetings (7) The Board shall meet at such times and places and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time decide. Temporary chairperson (8) The chairperson of the Board shall preside at all meetings of the

21 Agricultural Standards Act 1952 Board at which the chairperson is present. (8A) In the absence of the chairperson or in the event of any vacancy in that office a temporary chairperson shall be appointed by the Board. (8B) The person presiding at any meeting of the Board (whether the chairperson or the temporary chairperson) shall have a deliberative vote and, in the event of an equal division of votes, shall also have a casting vote. Power to form committees (9) The Board may from time to time form committees for the purpose of conducting business with respect to any agricultural requirement or agricultural requirements and may at any time terminate any and every committee so formed. ˙ Functions, powers, and duties of standards officer 10. The standards officer shall be secretary of the Board and shall have such functions, powers, and authority and shall perform such duties as are conferred or imposed on the standards officer by this Act. ˙ The Seed Certification Committee 11. For the purposes of this Act with respect to the certification of seeds and other parts of plants used or intended for propagation purposes and other prescribed matters, there shall be constituted a committee to be called ‘The Seed Certification Committee’ which shall have such functions, powers, authorities, and duties as are conferred or imposed upon it by this Act. ˙ Certification subcommittees 12.(1) The Minister may from time to time, by notification published in the Gazette, constitute such and so many subcommittees as the Minister may deem necessary for the purposes of this Act, and may, at any time by like notice, cancel any such subcommittee. (2) Each such subcommittee shall be called ‘The (Designation of Seeds or, as the case may be, other parts of plants) Certification Subcommittee’, shall have such functions, powers, authorities and duties as are conferred or

22 Agricultural Standards Act 1952 imposed upon it by or under this Act and, subject to this Act, shall assist the committee in the performance and execution of its functions, powers, authorities, and duties under this Act and shall be subject to any specific directions by the committee in relation thereto. † PART 3—REGISTRATION OF CERTAIN AGRICULTURAL REQUIREMENTS ˙ Application of this Part 14.(1) This Part shall, except where the context herein otherwise indicates or requires, apply to and with respect to fertilisers, growth regulating materials, limes, pest destroyers, stock medicines, manufactured stock foods, stock foods in relation to which any claim as to efficacy is or is intended to be made, marking preparations, testing reagents, and other agricultural requirements to and with respect to which the provisions of this Part are declared by regulation to extend and apply. (2) However, this Part shall not apply to and with respect to any agricultural requirement hereinbefore referred to in this subsection which is sold to a person who uses that agricultural requirement in the process of manufacturing, mixing or preparing for sale any agricultural requirement. ˙ Prohibition of sale of unregistered agricultural requirements 15.(1) A person shall not sell any agricultural requirement to and with respect to which this Part applies, unless that agricultural requirement is registered under this Part. (2) A person shall not sell an agricultural requirement that is provisionally registered under this Part unless— (a) the person is or acts on behalf of the wholesale dealer in whose name that requirement is provisionally registered; and (b) if a condition of such registration is that such agricultural requirement shall be sold only to certain specified persons—the sale is to or to the agent of any of such persons.

23 Agricultural Standards Act 1952 (3) Where, with respect to any agricultural requirement, a person who is a wholesale dealer in that agricultural requirement is convicted for an offence against this section the person shall be liable for a first offence to a penalty of not less than 2 penalty units and not exceeding 20 penalty units, and for any subsequent offence to a penalty of not less than 4 penalty units and not exceeding 20 penalty units. ˙ Registration of agricultural requirement 16.(1) Subject to this Part, an agricultural requirement to which this Part applies may be registered in the name of a wholesale dealer. (1A) An agricultural requirement may be so registered notwithstanding that that agricultural requirement is registered in the name of another wholesale dealer or the names of other wholesale dealers. (2) The registration of an agricultural requirement mentioned in section 22(1)(a) may be renewed by an application made at least 1 month before expiry of the registration. ˙ Provisional registration of agricultural requirement 16A.(1) Subject to this Part, an agricultural requirement to which this Part applies may be provisionally registered in the name of a wholesale dealer. (2) The provisions of section 16(2) do not apply to an agricultural requirement provisionally registered under this section. ˙ Application for registration 17.(1) An application for registration under section 16(1) or 16A— (a) shall be made to the standards officer; and (b) shall be in or to the effect of the prescribed form; and (c) shall contain such particulars as are prescribed; and (d) shall be accompanied by such matters or things (including specimens of labels) as may be prescribed; and (e) shall be accompanied by the prescribed fee (if any); and

24 Agricultural Standards Act 1952 (f) if the agricultural requirement is of a type for which a certificate of clearance may be issued—must be accompanied by a copy of a certificate of clearance; and shall be taken to have been duly made when this subsection has been complied with. (2) An application for renewal of registration under section 16(2)— (a) shall be made to the standards officer; and (b) shall be in or to the effect of the prescribed form; and (c) shall be accompanied by such matters or things as may be prescribed (if any); and (d) shall be accompanied by the prescribed registration fee (if any). (3) A person shall not, in connection with an application under this section, make a statement or furnish information that is false or misleading in any material particular. Maximum penalty—10 penalty units. ˙ Board to recommend as to registration of certain agricultural requirements 18.(1) The standards officer shall refer to the Board the documents comprising each application for registration or provisional registration under this Part of— (a) a growth regulating material; or (b) a pest destroyer; or (c) a stock medicine; or (d) a stock food in relation to which a claim as to efficacy is or is intended to be made; or (e) a testing reagent; or (f) a marking preparation; or (g) any other agricultural requirement to which the provisions of this section are prescribed to apply; together with such other documents, matters and things as the Board may

25 Agricultural Standards Act 1952 from time to time require for the purposes of this section. (2) The Board shall recommend to the standards officer whether or not the agricultural requirement the subject of the application referred to it under subsection (1) should be registered. (2A) A recommendation that an agricultural requirement be registered may be unconditional or conditional upon— (a) the compliance by the applicant for registration of such conditions; or (b) the variation of the relevant application for registration or any document, matter or thing in such manner; as the Board considers appropriate. (2B) The Board shall not recommend the registration of an agricultural requirement referred to in subsection (1) where it is of the opinion that the requirement is not efficacious as claimed or intended to be claimed but may, pursuant to subsection (2A), make a recommendation subject to such conditions that upon compliance therewith the agricultural requirement would be efficacious. (3) In making its recommendation upon an application referred to it pursuant to subsection (1), the Board may consider any opinion or recommendation as to any matter by any authority considered by the Board to be competent to form that opinion or make that recommendation. (4) An agricultural requirement to which subsection (1) applies shall not be registered by the standards officer unless— (a) the Board has unconditionally recommended such registration; or (b) where the Board has recommended such registration subject to conditions—those conditions have first been complied with to the satisfaction of the standards officer. (5) The registration of an agricultural requirement to which subsection (1) applies shall be made in respect only of its sale for such purpose or purposes as the Board in its recommendation approves. (6) Where the Board recommends that an agricultural requirement be not registered, the standards officer shall notify the applicant accordingly and shall, at the request of the applicant, furnish the applicant with the bases on which the recommendation was made.

26 Agricultural Standards Act 1952 (7) This section does not apply to applications for— (a) registration of a cleared agricultural requirement; or (b) renewal of registration of an agricultural requirement under section 16(2). ˙ Registration of agricultural requirements 19.(1) Subject to this Act, the standards officer, upon being satisfied that— (a) the provisions of this Act relating to the application, the applicant wholesale dealer and the subject agricultural requirement have been complied with; and (b) where section 18 applies, the Board has recommended the registration of the agricultural requirement and all conditions have been complied with; shall— (c) where a registration fee has been prescribed—notify the applicant that, upon payment of that fee, the agricultural requirement, the subject of the application, shall be registered or, as the case may be, provisionally registered under this Part; and (d) where no registration fee is prescribed or upon payment of the prescribed registration fee referred to in paragraph (c)—register or, as the case may be, provisionally register the agricultural requirement under this Part. (1A) Upon such registration, the standards officer shall notify the applicant wholesale dealer. (2) The standards officer shall refuse to register or, as the case may be, provisionally register under this Part an agricultural requirement (other than a cleared agricultural requirement) that does not comply in every respect with any standard prescribed for that agricultural requirement. (3) The registration or provisional registration of any agricultural requirement under this Part shall be subject to this Act, including any conditions prescribed in relation to such registration or provisional registration.

27 Agricultural Standards Act 1952 (3A) In addition to the prescribed conditions, provisional registration of an agricultural requirement shall be subject to such other conditions (which may include conditions that the agricultural requirement be sold only to a specified person or specified persons or in specified quantities) as the Board or the standards officer considers appropriate. (4) A notification of registration or provisional registration of any agricultural requirement under this Part shall be in such form as is prescribed or a form to the like effect. ˙ Registered name 20.(1) Subject to subsections (2) and (2A), an agricultural requirement which bears the same name as an agricultural requirement already registered under this Part shall not be registered under this Part under that name. (2) Subsection (1) shall not apply— (a) where an agricultural requirement the subject of an application for registration under this Part and an agricultural requirement already registered under this Part are manufactured, mixed or prepared by the same person; or (b) where an agricultural requirement the subject of an application for registration under this Part is, prior to the lodgment of the application, in common use under the same name as an agricultural requirement already registered under this Part; or (c) in any other prescribed case. (2A) If the standards officer considers it is desirable so to do, the registered name of an agricultural requirement the subject of an application for registration under this Part shall be distinguished by the addition to the name of a letter or number, a letter and number or in such other manner as the standards officer may determine. (3) If, in the opinion of the standards officer, the name of an agricultural requirement the subject of an application for registration under this Part is, for any reason, inappropriate or misleading or, in the public interest, should not be used in relation to that requirement, the standards officer may refuse to register that requirement.

28 Agricultural Standards Act 1952 ˙ Board may request further information etc. 20A. Where, upon the recommendation of the Board made pursuant to section 18, an agricultural requirement has been registered or provisionally registered, the Board at any time may request from the standards officer such information, matters or things relating to that agricultural requirement as it specifies. ˙ Power of the standards officer to require the furnishing of additional information etc. 21.(1) The standards officer may at any time after the lodgment with the standards officer of an application for registration or provisional registration under this Part of an agricultural requirement, by writing under the standards officer’s hand, require the applicant wholesale dealer, within such time as the standards officer may specify therein, to furnish the standards officer with or lodge with the standards officer such additional information and matters and things concerning that application or agricultural requirement, or to substitute for any matters or things comprised in that application any other matters or things, as the standards officer deems necessary for carrying out the objects and purposes of this Act with respect to such registration or provisional registration and if the applicant wholesale dealer fails to comply with that requirement, may refuse to register, or as the case may be, provisionally register that agricultural requirement under this Part. (2) Without limiting the provisions of subsection (1), the standards officer may at any time after the lodgment of an application for registration or provisional registration under this Part of an agricultural requirement or while that agricultural requirement remains registered under this Part, by writing under the standards officer’s hand, require the wholesale dealer concerned, or any other person who is able to give the information, to furnish to the standards officer within 30 days (or within such extended time as the standards officer may specify in the demand) of the issuing of the requirement such information and matters and things concerning that agricultural requirement as the standards officer deems necessary for carrying out the objects and purposes of this Act, including— (a) true and correct specimen copies of the various labels and all advertising matter and the directions or recommendations for use used or issued in connection with the sale or proposed sale of that

29 Agricultural Standards Act 1952 agricultural requirement; and (b) in cases where claims have been made with respect to the efficacy of that agricultural requirement for any purpose or purposes—experimental proof thereof; or any 1 or more of these things, and the person to whom such a request is made shall furnish the information or matters or things required accordingly. (2A) The standards officer shall not be bound to accept as proof of any claim made with respect to the efficacy of any agricultural requirement for any purpose or purposes any information, or matter, or thing furnished under subsection (2). (2B) If, upon being required under subsection (2), experimental proof of claims made with respect to the efficacy of any agricultural requirement for any purpose or purposes is not furnished by a wholesale dealer in that agricultural requirement within the time specified, it shall be assumed for the purposes of this Act that such experimental proof does not exist. (3) Upon a request by the Board pursuant to section 20A, the standards officer shall, by writing under the standards officer’s hand, require the wholesale dealer in whose name an agricultural requirement is registered, or any other person who is able to give the information, to furnish to the standards officer within such time as the standards officer specifies in the writing all or any of the information, matters or things requested by the Board. ˙ Period of registration of agricultural requirements 22.(1) An agricultural requirement registered under this Part shall be within 1 of the following categories— (a) fertilisers, limes and stock foods; (b) stock medicines; (c) pest destroyers, growth regulating materials, marking preparations and testing reagents; and, in the case of any doubt, the standards officer shall determine 1 of the above categories within which an agricultural requirement shall be included. (2) Subject to subsection (5), the registration of each agricultural

30 Agricultural Standards Act 1952 requirement within the category specified in subsection (1)(a) registered after the commencement of section 17 of the Agricultural Standards Act Amendment Act 1981 shall expire on 31 January 1983 or, if that registration is effected after 31 January 1983, on the 30 June occurring triennially after 30 June 1983 and next following the date of the issue under this Part of the notification of registration of that requirement. (2A) Subject to subsection (5), the registration of each agricultural requirement within the category specified in subsection (1)(a) renewed after the commencement of section 17 of the Agricultural Standards Act Amendment Act 1981 shall expire on 30 June 1986 or, if that renewal of registration is effected after 30 June 1986, on the 30 June occurring triennially after 30 June 1986 and next following the date of renewal of registration of that requirement. (3) The registration of an agricultural requirement mentioned in subsection (1)(b) or (c) that was in force immediately before the commencement of the Agricultural Standards Amendment Act 1993 continues in force indefinitely after the commencement unless cancelled under section 24, 25, 26 or 36. (4) Subsection (3) applies despite any notification to the contrary in the notification of registration, or notification of renewal of registration, of the agricultural requirement. (5) The provisional registration of an agricultural requirement under section 16A shall be for such period, not exceeding 3 years, as— (a) in a case where, pursuant to section 18, the Board has made a recommendation in respect thereof—the Board; or (b) in any other case—the standards officer; considers appropriate and is endorsed upon the notification of registration of that requirement. ˙ Fees 23.(1) If— (a) an application for registration, provisional registration or alteration of registration of an agricultural requirement under this Part is refused; or

31 Agricultural Standards Act 1952 (b) the registration of an agricultural requirement is cancelled; any prescribed fee that accompanied the application and, where the registration is cancelled, the prescribed registration fee (if any) shall not be refundable to the applicant. (1A) However, in any particular case, the Minister may, in the Minister’s discretion, authorise the refunding of any such fee or part thereof and such refund shall thereupon be so made. (2) Where, at the time the standards officer notifies an applicant for registration or provisional registration of an agricultural requirement under this Part that that requirement shall be registered upon payment of a prescribed registration fee, the period of initial registration or provisional registration is less than 3 years, the registration fee payable in respect thereof shall be such amount as bears to the full fee the same proportion as the number of months (including the month during which the notification is given) or the period of initial registration bears to 36. ˙ Notifications from wholesale dealers in certain cases 24.(1) In the event of any agricultural requirement registered under this Part being withdrawn from sale in Queensland, the wholesale dealer in whose name the agricultural requirement is registered shall notify, in writing, the standards officer of such withdrawal and the receipt by the standards officer of such notification shall forthwith have the effect, without further or other authority or process, of cancelling the registration under this Part of that agricultural requirement as regards the wholesale dealer who notified such withdrawal and such registration shall no longer be in force. (2) In the event of a wholesale dealer in whose name any agricultural requirement is registered under this Part ceasing to be a wholesale dealer in that agricultural requirement the wholesale dealer shall notify, in writing, the standards officer of that fact and shall also include in that notification the name and address of the wholesale dealer’s successor, if known to the wholesale dealer. (2A) The receipt by the standards officer of such a notification shall forthwith have the effect, without further or other authority or process, of cancelling the registration under this Part of that agricultural requirement as regards the wholesale dealer who notified that fact and such registration shall no longer be in force.

32 Agricultural Standards Act 1952 (3) A wholesale dealer may notify, in writing, the standards officer of the wholesale dealer’s intention to discontinue the sale of any agricultural requirement registered under this Part in the wholesale dealer’s name or of the wholesale dealer’s desire for the cancellation of the registration in the wholesale dealer’s name under this Part of any agricultural requirement and shall also include in that notification the future date on and from which the wholesale dealer intends to discontinue such sale or desires that registration to be so cancelled, as the case may be, and on that date so notified to the standards officer the registration of that agricultural requirement under this Part as regards that wholesale dealer shall, without further or other authority or process, be and be deemed to be cancelled and shall no longer be in force. (4) In the event of a wholesale dealer coming into possession of information in respect of an agricultural requirement registered in the wholesale dealer’s name that— (a) contradicts or modifies any information supplied in connection with the application for the registration of that agricultural requirement; or (b) indicates that the use of that agricultural requirement in accordance with claims or recommendations for its use would have a detrimental effect or would not be efficacious; the wholesale dealer shall forthwith notify in writing the standards officer accordingly. ˙ Cancellation of registration on recommendation of the Board 25. If upon such evidence as it deems sufficient the Board at any time forms the opinion that any agricultural requirement registered under this Part is not efficacious for use for the purpose or purposes in respect of which it is registered, or, after consideration of any opinion or recommendation as to any matter, other than the efficacy of that agricultural requirement, by any authority considered by the Board to be competent to form that opinion or make that recommendation, that the agricultural requirement should not be used for any purpose for which it is registered, it may recommend to the standards officer that the registration under this Part of that agricultural requirement be cancelled and the standards officer shall thereupon cancel that registration and notify the wholesale dealer in whose name such agricultural requirement was registered of that cancellation.

33 Agricultural Standards Act 1952 ˙ Further provisions as to cancellation of registration 26. If a wholesale dealer in whose name any agricultural requirement is registered under this Part— (a) sells under the name or registered name of that registered agricultural requirement any agricultural requirement which does not conform in every respect with the registered composition of such registered agricultural requirement; or (b) publishes, circulates, or distributes, or causes or permits to be published, circulated, or distributed, any direction or recommendation for use, advertisement, or other written or printed matter whatsoever, or issues or causes or permits to be issued any invoice containing any claim as to the efficacy of such registered agricultural requirement for use for any purpose other than the purpose or purposes in respect of which it is registered; or (c) publishes, circulates, or distributes, or causes or permits to be published, circulated, or distributed, any direction or recommendation for use, advertisement, or other written or printed matter whatsoever or issues or causes or permits to be issued any invoice containing any claim with respect to such registered agricultural requirement which in the opinion of the Board is misleading or untrue or cannot be substantiated in any particular; or (d) fails to comply in every respect with the provisions of section 29(1); the standards officer may cancel the registration of that agricultural requirement under this Part as regards that wholesale dealer and notify the wholesale dealer of that cancellation. ˙ Alteration regarding registered agricultural requirement 27.(1) Save where the standards officer has, upon application therefor, notified the standards officer’s prior approval to the wholesale dealer in whose name an agricultural requirement is registered under this Part, a person shall not alter or cause to be altered, in respect of that agricultural requirement—

34 Agricultural Standards Act 1952 (a) the composition thereof; or (b) any claim as to efficacy thereof; or (c) any other registered particular or matter prescribed for the purposes of this section. (1A) The registration of an agricultural requirement under this Part shall not be altered as to the identity of an ingredient in the composition that provides an active constituent or as to the name of the agricultural requirement. (2) An application by a wholesale dealer for approval under subsection (1)— (a) shall be made to the standards officer; and (b) shall be in or to the effect of the prescribed form; and (c) shall contain sufficient details of the proposed alteration, including a specimen copy of each label; and (d) where it is proposed to alter any claim as to the efficacy of the agricultural requirement—shall be accompanied by the prescribed fee (if any); and (e) if the agricultural requirement is of a type for which a certificate of clearance may be issued—must be accompanied by a copy of a certificate of clearance. (3) Subject to section 18(7), section 18(1) applies to any application referred to in subsection (2)(d) as if that application were an application for registration of the agricultural requirement with the claim as to efficacy thereof altered as proposed in the application. (4) Subject to this Act, the standards officer upon being satisfied that the provisions of this Act have been complied with and, in cases where subsection (3) applies, the Board recommends that the application be approved, may approve the proposed alteration in respect of an agricultural requirement by notifying the applicant whereupon the registration of that agricultural requirement shall be altered accordingly. (5) If the standards officer considers it desirable to distinguish between the original agricultural requirement and that agricultural requirement as proposed to be altered, the standards officer shall not approve the application.

35 Agricultural Standards Act 1952 ˙ Register of agricultural requirements registered under this Part 28.(1) The standards officer shall cause to be kept a register in the prescribed form or a form to the like effect of all registrations under this Part showing in respect of each and every registration— (a) a letter or letters and a number or numbers to distinguish that registration; and (b) the name and the sole or principal place of business in Queensland of the wholesale dealer in whose name the registration is effected; and (c) the date of registration and of each renewal of registration of the agricultural requirement; and (d) the registered name of that agricultural requirement; and (e) such other particulars or matters as are prescribed. (1A) However, such register may consist of carbon copies of the notifications of registration issued under this Part with the addition thereto, where the standards officer deems it desirable, of such particulars and matters as the standards officer may determine. Publication of agricultural requirements (2) A list of all agricultural requirements or of all agricultural requirements belonging to any group or groups or subgroup or subgroups of agricultural requirements registered for the time being under this Part may from time to time be published in the Gazette and the Queensland Agricultural Journal and in such other manner as the standards officer may decide, or by any 1 or more of those means of publication. (3) Each and every such publication may set out such particulars or matters in respect of those agricultural requirements as the standards officer deems, in the standards officer’s absolute discretion, necessary or desirable in the public interest or for carrying out the objects and purposes of this Act. (4) A list of all agricultural requirements or of all agricultural requirements belonging to any group or groups or subgroup or subgroups of agricultural requirements, which, so far as known to the standards officer, are not registered under this Part, including those agricultural requirements the registrations of which have been refused or cancelled, may also be published from time to time in like manner to the publication of

36 Agricultural Standards Act 1952 registered agricultural requirements and each and every such publication may set out such particulars or matters in respect of those unregistered agricultural requirements as the standards officer deems, in the standards officer’s absolute discretion, necessary or desirable in the public interest or for carrying out the objects and purposes of this Act. ˙ Wholesale dealer to have place of business in Queensland etc. 29.(1) A wholesale dealer in whose name any agricultural requirement is registered under this Part shall have, and while that agricultural requirement remains registered under this Part continue to have, a place of business in Queensland and, if a natural person, shall be resident in this State, and while that agricultural requirement remains registered under this Part continue to be resident in this State. Wholesale dealer residing outside State (2) If a wholesale dealer in any agricultural requirement being a natural person is not resident in this State then the agricultural requirement may be registered under this Part by and in the name of a duly authorised agent of such wholesale dealer who is resident in Queensland and the agent shall, for the purposes of this Act including subsection (1), be and be deemed to be a wholesale dealer in relation to that agricultural requirement. Where wholesale dealer or manufacturer is a body corporate (3) Where a wholesale dealer in any agricultural requirement or the person who manufactures, mixes, or prepares for sale any agricultural requirement is a body corporate any form for the purpose of or in connection with the registration or renewal of registration of that agricultural requirement under this Part may be completed and signed or sworn or declared to or sealed, signed, and delivered on behalf of that body corporate, by a natural person resident in Queensland being its manager, managing director, or other governing officer by whatever name called, or its secretary, chemist, or public officer, or some other officer or employee authorised by it in that behalf, or its duly authorised agent, and each and every such form shall for the purposes of this Act be deemed to have been made by such body corporate.

37 Agricultural Standards Act 1952 ˙ Information as to composition to be confidential 30. The information as to the composition of an agricultural requirement that is the subject of an application for registration, renewal of registration or alteration of registration under this Part or that is registered under this Part shall be confidential and shall not be disclosed by any officer or any officer of the department to any other person without the authority in writing of the wholesale dealer who made that application or in whose name the agricultural requirement is registered save in pursuance of this Act or in any proceedings for the purposes of this Act. ˙ Appeal 31.(1) A wholesale dealer who has made any application under this Part in respect of an agricultural requirement or who is registered as the wholesale dealer in respect of an agricultural requirement registered under this Part and who feels aggrieved by the refusal of the standards officer to register or to alter or renew the registration of that agricultural requirement or by the cancellation of the registration of that agricultural requirement or by any other action of the standards officer concerning the registration of that agricultural requirement may, subject to this section, appeal against that refusal, cancellation, or other action, as the case may be, and the Minister shall report the matter of the appeal to the Governor in Council. (2) The Minister may hear the appeal, or the Minister may refer the matter to any 1 or more persons for the purpose of inquiring into and investigating such matter and furnishing to the Minister a report thereon. (2A) After receipt of the said report the Governor in Council may, in the Governor in Council’s absolute discretion, dismiss or allow the appeal or substitute therefor such other decision as the Governor in Council thinks just and proper in the circumstances and such decision shall be final and given effect to by the standards officer. (2B) Without limiting the powers of the Governor in Council under this section, the Governor in Council may at any time refuse to determine an appeal or refuse to further proceed to the determination of an appeal under this section, if the Governor in Council is of or forms the opinion that such appeal is merely frivolous or vexatious. (3) Each and every appellant under this section shall, in the manner prescribed, give notice of the appellant’s appeal to the person specified by

38 Agricultural Standards Act 1952 the regulations to receive notices of appeal under this section, or if no such person is so specified, to the standards officer and shall deposit with the chief executive such sum of money, not exceeding $1 000, as may be prescribed, or, if not prescribed, as considered sufficient by the chief executive, to meet the cost and expenses (if any) incurred by the Minister in hearing the appeal or causing the appeal to be inquired into and investigated. (4) The Governor in Council may determine, in the Governor in Council’s discretion, that the cost of determining any such appeal shall be paid by the appellant, when in such event that cost shall be a debt due and owing by the appellant to the Crown, and the deposit lodged by the appellant with the appellant’s notice of appeal, or any part thereof, shall be appropriated by or on the order of the chief executive for the purpose of satisfying all or any part of that debt. (5) The Governor in Council may, in the Governor in Council’s discretion, authorise the refunding of the deposit or any part thereof. (6) Any amount of any debt due and owing to the Crown under subsection (4) may be recovered in any court of competent jurisdiction by or by any person authorised by the chief executive. (7) The regulations may prescribe all matters and things relating to appeals under this section. ˙ Powers of standards officer with respect to samples of agricultural requirements 32.(1) A wholesale dealer in whose name any agricultural requirement is registered under this Part or who has made application for the registration or alteration or renewal of registration of any agricultural requirement under this Part shall, when and so often as required by the standards officer, lodge without payment therefor with the standards officer a fair average sample of such agricultural requirement of the quantity or weight and taken, labelled, and lodged as prescribed, and in so far as not prescribed, in accordance with the requirements of the standards officer. (2) The standards officer may cause an analysis to be made of any sample of an agricultural requirement lodged with the standards officer under this section. (3) In the event of an analysis, made in pursuance of subsection (2) of

39 Agricultural Standards Act 1952 any sample of agricultural requirement revealing that the sample of agricultural requirement is not in accordance with any particulars or statements registered in respect of the registered agricultural requirement or as set out in the application for registration or alteration or renewal of registration under this Part of the agricultural requirement, as the case may be, the registration of such agricultural requirement may be suspended or the application deferred until such action as the standards officer may deem necessary is taken to correct the standard, quality, composition, or as the case may be, other particular requiring correction of that agricultural requirement, and during any such period of suspension such agricultural requirement shall be and be deemed to be not registered under this Part. ˙ Notices by wholesale dealers 33. Each and every wholesale dealer in any agricultural requirement to and with respect to which this Part applies shall, when and so often as required by the standards officer, give a statement in writing in the prescribed form or in a form to the like effect to the standards officer of— (a) the wholesale dealer’s name and the name under which the wholesale dealer carries on the business of placing or causing to be placed on the market in Queensland that agricultural requirement; and (b) the wholesale dealer’s sole or principal place of business in Queensland (if any) as wholesale dealer; and (c) the name of each and every agricultural requirement to and with respect to which this Part applies which the wholesale dealer then sells and of each and every agricultural requirement to and with respect to which this Part applies which the wholesale dealer proposes to sell during the ensuing 12 months; and (d) if any such agricultural requirement or agricultural requirements is or are purchased or will be purchased by the wholesale dealer—the name and address of the person from whom each and every such agricultural requirement is or will be purchased; and (e) the places where each and every such agricultural requirement sold or to be sold by the wholesale dealer can be purchased or acquired from the wholesale dealer.

40 Agricultural Standards Act 1952 † PART 4—CLEARED AGRICULTURAL REQUIREMENTS ˙ Registration subject to clearance conditions 34. The registration of a cleared agricultural requirement is subject to the conditions to which the clearance of the agricultural requirement, from time to time, is subject under the Commonwealth Act ( “clearance conditions” ). ˙ Clearance conditions additional and take precedence 35.(1) The clearance conditions are additional to— (a) the prescribed conditions; and (b) any other conditions imposed by the Board or the standards officer under section 19. (2) To the extent that a condition under subsection (1)(a) or (b) is inconsistent with a clearance condition, the clearance condition prevails. ˙ Withdrawal or revocation of clearance 36.(1) The standards officer must cancel the registration of an agricultural requirement if its clearance is withdrawn or revoked under the Commonwealth Act. (2) This section does not apply if the certificate of clearance for the agricultural requirement is revoked and a new certificate substituted. ˙ Wholesale dealer notified of cancellation 37. The standards officer must notify the wholesale dealer, in whose name the agricultural requirement is registered, of the cancellation. ˙ No appeal against cancellation 38. A wholesale dealer may not appeal against the cancellation of the registration of the agricultural requirement under section 36.

41 Agricultural Standards Act 1952 † PART 5—SEEDS † Division 1—The committee and subcommittees ˙ Membership of the committee 39.(1) The committee shall be deemed to be constituted on and from the date of the first appointment of the members, other than the ex officio member, thereof, and shall consist of— (a) the standards officer for the time being, who shall ex officio be a member of the committee, and in and during the standards officer’s absence and in the event of and during any vacancy in that office the deputy standards officer for the time being, who shall also act without appointment; and (b) such other officers of the department as the Governor in Council may from time to time, by notification published in the Gazette, appoint. (1A) However, at no time shall the number of members then constituting the committee exceed 7. Chairperson of the committee (2) The Governor in Council may from time to time appoint, by notification published in the Gazette, any member of the committee to be the chairperson thereof for such a term as is specified in the notification of appointment. ˙ Membership of subcommittees 40.(1) A subcommittee shall consist of— (a) the standards officer for the time being, who shall ex officio be a member of that subcommittee, and in and during the standards officer’s absence and in the event of and during any vacancy in that office the deputy standards officer for the time being, who shall also act without appointment; and (b) such other members, 1 of whom shall be a member of the committee, as are appointed to the particular subcommittee from

42 Agricultural Standards Act 1952 time to time by the Minister by notification published in the Gazette. (2) Each and every subcommittee shall be deemed to be constituted on and from the date of the first appointment of the members, other than the ex officio member, thereof. Chairperson of subcommittee (3) The Minister may from time to time appoint, by notification published in the Gazette, any member of a subcommittee to be the chairperson thereof for such a term as is specified in the notification of appointment. (4) A person may be a member of 2 or more subcommittees at the same time. (5) A provision in any enactment requiring the holder of an office to devote the whole of the office holder’s time to the duties of office or prohibiting the office holder from engaging in employment outside the duties of office shall not operate to hinder holding that office and also an appointment as member of a subcommittee. ˙ Term of office 41.(1) Each and every member, other than the ex officio member, of the committee and of each and every subcommittee shall, subject to this Act, hold office as such for such a term, but not exceeding 3 years, as is specified in the notification of appointment and be eligible for reappointment. (1A) Any member, other than the ex officio member, of the committee or of a subcommittee may be removed from office at any time by the Governor in Council or, as the case may be, the Minister by notification published in the Gazette. Extraordinary vacancy (2) When a vacancy arises in the office of a member, other than the ex officio member, of the committee or any subcommittee, by death, resignation, or otherwise howsoever, a member shall be appointed in like manner to the appointment of the member whose office has become vacant to hold that office for the remainder of the term of the member’s

43 Agricultural Standards Act 1952 predecessor. Deputy member (3) If a member, other than the ex officio member, of the committee or any subcommittee is likely from any cause to be absent from meetings of the committee or, as the case may be, subcommittee for any period, then a deputy may be appointed in like manner to the appointment of the member who is likely to be so absent to act for such member during the member’s absence, and the deputy shall, while the deputy so acts, have the powers and authorities and shall perform the duties of the member. (3A) However, in a case where the same person holds office as a member of the committee and of 1 or more subcommittees, the Minister may in any such event appoint 1 person to act in all such offices or different persons to act in any 1 or more of such offices. (3B) In the case of the chairperson, the Minister may in any such event appoint another member of the committee or of the subcommittee to act as chairperson and a person to act in the place of such other member while the member is acting as chairperson. Meetings (4) The committee or any subcommittee shall meet at such times and places and conduct its business in such manner as may be prescribed or, in so far as is not prescribed, as it may from time to time decide. (4A) A quorum in each case shall comprise not less than half of the total number of members of the committee or, as the case may be, subcommittee for the time being. (5) The chairperson of the committee or, as the case may be, subcommittee shall preside at all meetings at which the chairperson is present. (5A) In the absence of the chairperson the members present at any meeting shall elect from their number a chairperson for the day. (5B) The chairperson or in the chairperson’s absence the chairperson for the day shall have a deliberative vote and, in the event of an equal division of votes, have a casting vote.

44 Agricultural Standards Act 1952 Secretary (6) The standards officer shall be secretary of the committee and of each and every subcommittee. ˙ Power of the committee to prepare and carry out certification schemes 42.(1) For the purposes of this Act and in addition to any other powers and authorities conferred upon it by this Act the committee shall have power and authority at any time and from time to time to prepare and carry out certification schemes for the purpose of the certification of seeds and other parts of plants used or intended for propagation purposes with respect to— (a) the hybridism; or (b) the variety or strain; or (c) the freedom from disease; or (d) the resistance to disease; or (e) any other qualities or properties; or of such seeds or other parts of plants, or of the plants that will grow therefrom, or (f) any other prescribed particular, or all or more than 1 of those particulars. (2) The power and authority conferred by subsection (1) upon the committee to prepare and carry out certification schemes for the purposes of this Act shall without limiting the generality thereof include power and authority in the Committee’s discretion in each and every case— (a) to prepare and carry out such certification schemes in relation to different crops or different districts or different crops in the different districts; and (b) to vary or cancel such certification schemes; and (c) to prepare and carry out such certification schemes for any season or seasons or period or periods of time; and (d) to define the boundaries of districts for the purpose of such certification schemes which districts may differ in respect of different crops; and

45 Agricultural Standards Act 1952 (e) to regulate and control, subject to this Act, the registration of areas for the purpose of the production under and pursuant to such certification schemes of certified seed; and (f) to approve or disapprove of any crop or crops for the purpose of the production under and pursuant to such certification schemes of certified seed; and (g) to determine the procedure to be carried out for the purpose of the production under and pursuant to such certification schemes of certified seed; and (h) to regulate and control (including power to prohibit) the planting or sowing, growing, and the harvesting and treatment of crops for the purposes of the production under and pursuant to such certification schemes of certified seed; and (i) to regulate and control the carrying out by seed certification officers of trials respecting any crop or crops for the purposes of the production under and pursuant to such certification schemes of certified seed; and (j) to regulate and control, subject to this Act, the certification of seeds or other parts of plants used or intended for propagation purposes or of the plants that will grow therefrom, under and pursuant to such certification schemes; and (k) to make rules under subsection (4) for the carrying out of such certification schemes. Certified seed produced outside Queensland (3) Where seeds or other parts of plants used or intended for propagation purposes are produced in any place outside Queensland and certified under and pursuant to a certification scheme for that place, then the committee shall have power and authority in its discretion in each and every case at any time and from time to time to approve of such seeds or, as the case may be, other parts of plants as being certified for the purposes of this Act with respect to any prescribed particular or particulars. (3A) The power and authority conferred by subsection (3) upon the committee shall without limiting the generality thereof include power and authority— (a) to refuse to approve of seeds or, as the case may be, other parts of

46 Agricultural Standards Act 1952 plants, as being certified for the purposes of this Act with respect to any prescribed particular or particulars where it considers that any prescribed conditions with respect to such seeds or other parts of plants have not been complied with or observed; and (b) to make rules under subsection (4) for carrying out or giving effect to subsection (3) and this subsection. Rules (4) The committee shall have power and authority at any time and from time to time to make rules for or with respect to prescribing all matters and things which are by this Act permitted or required to be prescribed by rules and providing for all or any purposes, whether general or to meet particular cases, that may be necessary or convenient to exercise the powers and authorities conferred upon it by subsections (1) to (3A), or that may be necessary or expedient to carry out the objects and purposes of those subsections. (5) The power and authority to make any rule shall include power and authority to make that rule so that it shall be limited in its application— (a) to any crop; or (b) to any certification scheme; or (c) to any district; or (d) otherwise as to time, place, or circumstance as determined by the committee; and shall include power to repeal, or amend, or otherwise modify, whether by addition or otherwise, by a subsequent rule made by the committee. ˙ Delegation by committee 42A.(1) The committee may delegate the committee’s powers under this or another Act to— (a) a subcommittee; or (b) the standards officer. (2) Rules may be made under section 42(4) determining guidelines within which a delegate must exercise a power delegated to the delegate.

47 Agricultural Standards Act 1952 † Division 2—Certified seed provisions ˙ Registration of area to grow crop for production of certified seed 43.(1) A person shall not plant or sow or grow or harvest any crop for the purpose of producing certified seed under a certification scheme unless the area in which that crop is planted, sown, grown or, as the case may be, harvested is then registered under this Division for that purpose. (2) Every applicant for registration of an area or areas under this section shall comply with all such conditions as may be prescribed by the rules relating to the certification scheme in question, which conditions may include a term of probation for any prescribed period. (3) An application for registration of an area under this section— (a) shall be made to the standards officer through a seed certification officer; and (b) shall be in or to the effect of the prescribed form (if any); and (c) shall contain or be accompanied by such particulars as are prescribed; and (d) shall be accompanied by the prescribed fee (if any). (3A) Rules may be made pursuant to section 42(4) prescribing application forms and particulars to be contained in or accompany applications for registration under this section. (4) The committee may in its absolute discretion and without assigning any reason register or refuse to register an area under this section. ˙ Production of certified seed subject to rules 44. A person shall not plant, sow, grow or harvest any crop for the purpose of producing certified seed except in compliance with the rules. ˙ Power of the committee to certify seeds etc. 45. The committee may at its absolute discretion and without assigning any reason— (a) certify or refuse to certify with respect to any prescribed particular

48 Agricultural Standards Act 1952 or particulars any seeds or other parts of plants used or intended for propagation purposes produced in Queensland; and (b) in the case of seeds and other parts of plants used or intended for propagation purposes being produced in any place outside Queensland and certified under and pursuant to a certification scheme for that place—approve or refuse to approve of those seeds or, as the case may be, other parts of plants as being certified for the purposes of this Act with respect to any prescribed particular or particulars. ˙ Fastening and labelling of certified seed produced in Queensland 46. Each package containing certified seed produced in Queensland for sale shall be fastened up and labelled in the manner prescribed. ˙ Fees 46A.(1) Fees for all or any purpose with respect to the certification of seed and other parts of plants used or intended for propagation purposes shall be as prescribed. (2) Such fees may vary with the different certified seed. ˙ False information as to identification of certified seed 46B. A person shall not give to an inspector or a seed certification officer a statement concerning the identification of certified seed which is false in any material particular. ˙ Fastening and labelling of certified seed produced outside Queensland 47. Each and every package containing certified seed for sale in Queensland and which was produced in any place outside Queensland shall be unopened and fastened up and labelled as required by the certification scheme for that place.

49 Agricultural Standards Act 1952 ˙ Powers of seed certification officers etc. 48. Any inspector or any seed certification officer or any other officer who is authorised by the committee in that behalf may— (a) enter and inspect any area which is, or which the inspector reasonably believes to be, an area which has been registered under this Division for the purpose of producing certified seed under and pursuant to any certification scheme, or for which an application for such registration has been made; (b) inspect any crop, plants, or seeds or other parts of plants growing upon any such area; (c) supervise the cultivation (whether before or after sowing) of any area which has been so registered for the purposes of producing certified seed under and pursuant to any certification scheme, the sowing, growing, harvesting, and threshing of the crop upon such area, the packing, cleaning, and any machine dressing and other treatment (if any) of the seeds or of other parts of plants produced from such crop, and the fastening and labelling of every package containing such seeds or, as the case may be, other parts of plants; (d) rogue the crop upon any area referred to in paragraph (a) and remove or cause to be removed all or any plants that do not comply with the required standard; (e) remove and destroy or cause to be removed and destroyed any plants from any area referred to in paragraph (a) as are necessary for the effective control of disease or as are necessary to ensure the satisfactory cultivation of the crop; (f) remove for analysis or trial or analysis and trial portions or samples of plants or seeds or other parts of plants the produce of any crop upon any area referred to in paragraph (a); (g) remove or obliterate every seal or label used for the purpose of certifying seeds or other parts of plants affixed to or upon or inserted in any package of seeds or other parts of plants found opened; (h) if thereunto instructed in writing by the standards officer—remove or obliterate every seal or label affixed to any package containing seeds or other parts of plants which do not

50 Agricultural Standards Act 1952 comply in every respect with any relevant provision of this Act relating to certified seed. ˙ Offences relating to certified seed 49.(1) A person shall not, unless the person is authorised by or under this Act, affix, attempt to affix, or cause to be affixed to or upon any package of seeds or other parts of plants any seal or label required by this Act to be affixed to or upon any package of certified seed, or anything which purports to be or is a colourable imitation of any such seal or label. (2) A person shall not sell any seeds or other parts of plants as certified seed or as certified or certificated unless such seeds or, as the case may be, other parts of plants— (a) are certified seed within the meaning of this Act; and (b) where such seeds or other parts of plants are produced in Queensland, are contained in a package fastened up and labelled under and in accordance with this Act, or, where such seeds or other parts of plants are produced in any place outside of Queensland, are contained in an unopened package fastened up and labelled as required by the certification scheme for that place. Restriction on use of ‘certified’ or ‘certificated’ (3) A person shall not, in any invoice, agreement, or advertisement relating to any seeds, or to any other parts of plants or on any label affixed to or upon or inserted in or used in connection with any package containing any seeds, or containing any other parts of plants use the word ‘certified’ or the word ‘certificated’ or any word or words of like import, or any word or words which certify or suggest or imply that such seeds or other parts of plants are certified seed within the meaning of this Act or are certified with respect to any prescribed particular or particulars or any other word or words prohibited by the regulations to be used therein or thereon unless— (a) such seeds or, as the case may be, other parts of plants are certified seed within the meaning of this Act; and (b) in the case of any label as aforesaid—there is clearly stated on that label the name of the State or Territory or country in which such seeds or, as the case may be, other parts of plants have been produced.

51 Agricultural Standards Act 1952 Statement in invoice etc. to constitute a warranty (4) In connection with the sale of any seeds or of any other parts of plants used or intended for propagation purposes, the use in any invoice, agreement, or advertisement, or on any label of the word ‘certified’ or the word ‘certificated’ or any word or words of like import, or any word or words which certify or suggest or imply that such seeds or other parts of plants are certified seed within the meaning of this Act or are certified with respect to any prescribed particular or particulars, or any other word or words prohibited by the regulations to be used therein or thereon, shall, notwithstanding any agreement to the contrary, constitute a warranty by the seller that such seeds are certified seed, and where it is certified or suggested or implied that such seeds or, as the case may be, other parts of plants are certified with respect to any prescribed particular or particulars, are certified or approved as certified under this Act with respect to such prescribed particular or particulars. ˙ Publication of list of certified seed growers 50.(1) A list of growers of certified seed may be compiled and published by the standards officer from time to time in such manner as the standards officer may decide. (2) Every such list shall show— (a) the name and address of each grower included therein; and (b) the prescribed particular or particulars with respect to the certified seed grown and with respect to which certification is made; and (c) such comments in relation to such certified seed as the committee shall think necessary or desirable (which comments the committee is hereby authorised to publish in such list). † PART 6—CERTAIN OFFENCES WITH RESPECT TO THE SALE OF AGRICULTURAL REQUIREMENTS

52 Agricultural Standards Act 1952 ˙ Offences in relation to sale of agricultural requirements 51.(1) A person shall not— (a) sell under the name or registered name of an agricultural requirement registered under Part 3 any agricultural requirement which does not conform in every respect with the registered composition of such registered agricultural requirement; or (b) sell any agricultural requirement which fails, or any ingredient of which fails, to conform to the standard (if any) prescribed for the agricultural requirement or, as the case may be, the ingredient; or (c) sell any agricultural requirement which is falsely named or falsely labelled in any particular; or (d) sell any agricultural requirement which does not conform in every respect with its description in the contract of sale; or (e) make or cause or permit to be made any claim by any means whatsoever, with respect to or of any agricultural requirement which— (i) if that agricultural requirement is registered under Part 3—is a claim with respect to or of the efficacy of that agricultural requirement for use for any purpose or purposes unless such claim has been approved by the Board; or (ii) is false, exaggerated, or misleading, whether by suggestion, implication, or otherwise howsoever, in any particular; or (f) sell any agricultural requirement registered under Part 3 in respect only of its sale for use for a certain purpose or certain purposes, when any claim as to its efficacy for use for any purpose other than the purpose or purposes in respect of which it is registered, has been made in any advertisement relating thereto or has been made by the person or with the person’s consent either verbally or in any written or printed matter relating thereto. (2) A person who contravenes or fails to comply with any provision of this section shall be guilty of an offence against this Act and liable for a first offence to a penalty not exceeding 20 penalty units and for any subsequent offence, whether against the same or another provision of this section, to a penalty of not less than 2 penalty units and not exceeding 20 penalty units or, if the person is a wholesale dealer in the agricultural requirement in

53 Agricultural Standards Act 1952 question, to a penalty of not less than 4 penalty units and not exceeding 20 penalty units. (3) Without prejudice to any other construction of subsection (1)(c) and to the application of that paragraph to any agricultural requirement to which this provision would not apply an offence against subsection (1)(c) shall be and be deemed to be committed when any package of agricultural requirement is sold the composition of which does not conform in every respect with the particulars relating to the composition thereof set forth on the label affixed to or upon or inserted in such package. ˙ Directions for use of agricultural requirement 52. A person shall not give or make or cause or permit to be given or made by any means whatsoever on or in connection with the sale of any agricultural requirement registered under Part 3 any direction or recommendation for the use of that agricultural requirement unless that direction or recommendation corresponds in all material particulars with the direction or recommendation appearing on a label registered under this Act or approved by the Board in respect of that agricultural requirement. ˙ Grade formula 53.(1) Where a grade formula is prescribed for any agricultural requirement, then a person shall not, in any invoice, contract, or advertising matter relating to that agricultural requirement, or on any label affixed to or upon or inserted in or used in connection with any package of that agricultural requirement, set forth any formula or expression that could be taken to represent the grade formula or part of the grade formula unless such formula or expression is in accordance with the grade formula. (2) For the purposes of this section— “grade formula” means, in relation to any agricultural requirement, the order in which the active constituents thereof and the percentage, proportion, or amount of such active constituents are prescribed to be set forth.

54 Agricultural Standards Act 1952 ˙ Offences with respect to packages 54. A person shall not sell any agricultural requirement contained in any package or pack any agricultural requirement in any package for the purpose of sale— (a) unless all names, labels, letters, words, and figures (if any) appearing on that package relating to any agricultural requirement (other than such names, labels, letters, words, or figures (if any) relating to that agricultural requirement contained or packed in that package as are authorised or permitted or required by this Act to appear thereon) have been effectively obliterated; or (b) when it is prescribed that packages of the nature, or weight, or dimensions or size of that package shall not be used for containing or packing such agricultural requirement; or (c) (in prescribed cases) unless that package is a package prescribed for use in that case. ˙ Topping 55.(1) A person shall not sell any agricultural requirement unless such agricultural requirement is so packed, stacked, or arranged that any part thereof is of similar composition to any other part of the agricultural requirement and is a true indication of the average quality of the agricultural requirement. (2) However, this section shall not apply with respect to any agricultural requirement in liquid or paste form which need not be homogeneous as a concentrate, but is required to be homogeneous in the form in which it is to be used, but in every such case a person shall not sell that agricultural requirement unless full directions are included on the label to render such agricultural requirement homogeneous either as a concentrate or in the form in which it is to be used. ˙ Agricultural requirements containing prohibited material or an excessive amount of harmful ingredients 56.(1) A person shall not sell any agricultural requirement which contains any prohibited material or combination of prohibited materials with respect to that agricultural requirement or which contains an excessive amount of

55 Agricultural Standards Act 1952 any harmful ingredient or combination of harmful ingredients with respect to that agricultural requirement. (2) For the purposes of this Act, including this section, the Governor in Council may at any time and from time to time in relation to any agricultural requirement by the regulations declare any material or materials to be a harmful ingredient or, as the case may be, harmful ingredients with respect to that agricultural requirement, and may include in every such declaration the names of such harmful ingredients and the maximum amount thereof that may be contained in such agricultural requirement. † PART 7—LABELLING OF AGRICULTURAL REQUIREMENTS † Division 1—Labelling of seeds (other than certified seed) ˙ Division 1 not to apply to certified seed 57. The provisions of this Division shall not apply to certified seed. ˙ Labelling of seeds 58. A person who sells seeds of a prescribed kind shall, on or before delivery thereof to the buyer, affix to or upon and, if prescribed, insert inside each packet or package containing those seeds and, if prescribed, in the manner prescribed, a label upon which shall be legibly and indelibly set forth the prescribed particulars. † Division 2—Labelling of agricultural requirements registered under Part 3 ˙ Application of this Division 59.(1) This Division shall, unless the context herein otherwise indicates or requires, apply to and with respect to and shall be deemed to refer to and

56 Agricultural Standards Act 1952 with respect to only agricultural requirements registered under Part 3. (2) However, the provisions of this Division shall not apply to or with respect to nor be deemed to refer to or with respect to— (a) any agricultural requirement which is sold to a person who uses that agricultural requirement in the process of manufacturing, mixing, or preparing for sale any agricultural requirement; and (b) mixtures of whole grains; and (c) manufactured stock foods consisting of partly crushed grains, when the percentage of such that will pass a B.S. 1.18 mm sieve is less than 20% by weight of such stock food; and (d) any other prescribed agricultural requirement. ˙ Offences with respect to labels 60. A person shall not sell any package of agricultural requirement to which this Division applies unless there is affixed to or upon that package (and if prescribed, in the manner prescribed) a label setting forth— (a) the registered name of that agricultural requirement; and (b) the net weight or measure of the agricultural requirement contained in that package; and (c) where that agricultural requirement is registered under Part 3 in respect only of its sale for use for a certain purpose or certain purposes—all directions or recommendations for the use of the agricultural requirement and a statement that that agricultural requirement is sold only for use for that purpose or, as the case may be, those purposes, which statement shall specially set forth that purpose or, as the case may be, those purposes; and (d) a statement of any prescribed particulars relative to standards in respect of the agricultural requirement concerned; and (e) the name and sole or principal place of business of a wholesale dealer in whose name that agricultural requirement is registered under Part 3 or the name and business address of the manufacturer, proprietor, or distributor of that agricultural requirement; and

57 Agricultural Standards Act 1952 (f) such other matters as may be prescribed. ˙ Registered labels 61.(1) Such of the specimen copies of the labels accompanying the form of application for registration or for alteration of any agricultural requirement as are accepted by the standards officer for registration or alteration shall, subject to subsection (2), be the labels registered in respect of that agricultural requirement whilst registration of that requirement remains in force. (2) Where pursuant to section 27, the standards officer approves an alteration in any respect to the registration of an agricultural requirement or to a registered label, the standards officer may cancel the registration of any registered label in respect of that agricultural requirement. (3) A person shall not sell an agricultural requirement contained in a package having affixed thereto or thereupon or inserted therein a label that does not conform in every respect with a label registered in respect of the agricultural requirement. ˙ Labels of special mixtures 62. A person shall not sell any package of special mixture unless there is affixed to or upon that package (and if prescribed, in the manner prescribed) a label setting forth the name and address of the buyer for whom that special mixture is made. † Division 3—Labelling of certain stock foods ˙ Labels of hay, chaff etc. 63. A person shall not sell any hay or chaff or other stock food to which the provisions of this division are declared by regulations to extend and apply contained in a package which does not have affixed thereto or thereupon a label setting forth the grower’s or packer’s name and business address.

58 Agricultural Standards Act 1952 † Division 4—Labelling of agricultural requirements generally ˙ General labelling provisions 64.(1) Unless otherwise expressly prescribed, a provision of this Act requiring a label to be affixed to or upon a package shall be construed as requiring the label to be either affixed in a secure and durable manner to such package or to be indelibly printed or stencilled upon that package so as to be clearly legible. (1A) However, where the regulations so provide, in respect of any agricultural requirement specified therein and in the circumstances specified therein, a label may be affixed to or accompany the delivery of that agricultural requirement in such other manner as is set out therein. (2) Unless otherwise expressly prescribed and subject to subsection (3), any provision of this Act requiring a label to set forth or contain or have printed, stencilled, branded, stamped, or marked thereon a statement, or figures, words, marks, terms, or other prescribed particulars whatever shall be construed as requiring such statement, or figures, words, marks, terms, or other prescribed particulars to be either legibly and indelibly printed by a printing press or legibly and indelibly lithographed or stencilled thereon, and any such provision shall be and be deemed to be not complied with, as regards any label setting forth or containing or having printed, stencilled, branded, stamped, or marked thereon such statement, or figures, words, marks, terms, or other prescribed particulars, unless such statement is, or figures, words, marks, terms, or other prescribed particulars are either legibly and indelibly printed by a printing press or legibly and indelibly lithographed or stencilled on that label in accordance with the construction placed on that provision by this subsection. (3) However, in the case of a label relating to a package of special mixture required by any provision of this Act to set forth or contain or have printed, stencilled, branded, stamped, or marked thereon the percentages or proportions or amounts of each of the ingredients or active constituents of such special mixture, or the name and address of the buyer for whom that special mixture is made, the actual figures denoting those percentages or proportions or amounts and such name and address, as required, may be legibly written on that label in ink or typewritten thereon, and such provision shall be construed in accordance with subsection (2) as modified by this subsection.

59 Agricultural Standards Act 1952 ˙ Name to be printed upon package when risk of label becoming detached 65. In every case where the sale of any package of agricultural requirement is prohibited by this Act unless there is affixed to or upon that package a label setting forth the registered name or, as the case may require, name of that agricultural requirement, then if such label is tied or sewn on that package or is attached thereto in such a manner that there is a risk of its becoming detached, a person shall not sell that package of agricultural requirement until such registered name or, as the case requires, name is also indelibly printed or stencilled upon that package and so as to be clearly legible. ˙ Affixing false labels etc. 66. A person shall not label or seal or mark any package of agricultural requirement with any label or seal or marking or affix to or upon or insert in or use in connection with any package of agricultural requirement any label or seal or mark which is false in any particular. † PART 8—PROVISIONS RELATING TO INSPECTION, SAMPLING AND ANALYSIS ˙ Powers of inspectors 67.(1) Any inspector may— (a) enter any place where or in which the inspector has reasonable ground for believing any agricultural requirement or any prohibited material is stored, made, manufactured, mixed, or prepared for sale, or sold, and search for and inspect any agricultural requirement, prohibited material, and anything which the inspector believes may be used in any agricultural requirement therein or thereon; (b) inspect any agricultural requirement or prohibited material in any place as aforesaid, or for, on, or after sale, or apparently for sale, or apparently sold, or being conveyed or at any place in the course

60 Agricultural Standards Act 1952 of or for the purpose of being conveyed from one place to another and any package containing or which the inspector has reasonable ground to believe contains or is intended to contain any agricultural requirement or prohibited material as aforesaid; (c) open any package containing or which the inspector has reasonable ground to believe contains any agricultural requirement or prohibited material in any such place or for, on, or after sale, or apparently for sale, or apparently sold, or being conveyed as aforesaid; (d) select and take, as the inspector thinks fit, and remove or cause to be removed for analysis any agricultural requirement or prohibited material or any material which appears to the inspector to be an agricultural requirement or a prohibited material or portions or samples of any agricultural requirement or prohibited material or such material (such authority to take and remove shall include authority to take and remove any package or packages containing such agricultural requirement or prohibited material or material and, where portions or samples are removed, to select, take, and remove packages for the purpose of placing such portions or samples therein); (e) seize and detain prohibited materials, agricultural requirements, and packages, labels, and advertising matter relating in whole or in part to any agricultural requirement, which or any part of which, in the inspector’s opinion, does not comply in any respect with any provision of this Act or in relation to which or any part of which the inspector is of the opinion that all or any of the provisions of this Act have not been complied with (such authority to seize and detain shall include authority to seize and detain packages containing the articles seized and detained); (f) remove or cause to be removed agricultural requirements, prohibited materials, and packages, labels, and advertising matter seized by the inspector under this Act or allow all or any such agricultural requirements, prohibited materials, packages, labels, or advertising matter to remain at the place of seizure and, in that case, fasten, secure, or seal and label the same or any doors or apertures affording access to the same; (g) weigh, count, measure, gauge, brand or otherwise label, or, as the

61 Agricultural Standards Act 1952 case requires, mark any agricultural requirement, or prohibited material, or any label, advertising matter, or package relating in whole or in part to any agricultural requirement; (h) require the production by any person of any accounts, books, invoices, and documents relating to the sale of any agricultural requirement or prohibited material and inspect and take copies of or extracts from any entries found therein; (i) require any person found in possession of any prohibited material or in possession of any agricultural requirement for sale or in possession of anything which the inspector believes may be used in any agricultural requirement to supply the person’s name and address. Manner of dealing with sample (2) Any agricultural requirement or prohibited material or any material which appears to be an agricultural requirement or a prohibited material or any portion or sample thereof taken and removed or caused to be removed by an inspector under subsection 1(d) for analysis shall be and be deemed to be a sample for the purposes of the provisions of this Act relating to samples. (2A) In the case of a sample taken by an inspector or other officer under this Act, the inspector or other officer concerned— (a) shall forthwith divide the sample into 3 parts; and (b) shall mark, and seal or fasten up each such part in such manner as its nature permits; and (c) may request the person apparently in charge of the agricultural requirement or prohibited material or material or place to sign each such part; and (d) shall offer 1 of such parts to the person in charge, or apparently in charge, of the agricultural requirement or prohibited material or material or place where the inspector or other officer obtained the same; and (e) shall subsequently deliver 2 of such parts to the standards officer. (2B) Such delivery to the standards officer may be effected either personally or by sending the parts by post addressed to, or by any vehicle

62 Agricultural Standards Act 1952 consigned to, the standards officer, or in such other manner, as may be prescribed. (2C) However, where 1 package does not contain a sufficient quantity for accurate analysis or its nature or conditions appertaining thereto are such that the inspector does not deem it advisable or convenient to carry out the procedure as set forth in subsections (2A) and (2B), the provisions of those subsections shall be deemed to be complied with if 3 or any multiple of 3 unopened packages of approximately equal weight or volume or dimensions and of sufficient quantity for accurate analysis are taken and treated as if such packages were the 3 approximately equal parts obtained by dividing the sample. Provision when no person apparently in charge present (3) Any agricultural requirement or prohibited material or material which appears to be a prohibited material or any portion or sample of any agricultural requirement or prohibited material or material which appears to be a prohibited material may be removed for analysis from any place notwithstanding that there is then present no person in charge or apparently in charge of the agricultural requirement, prohibited material, material which appears to be a prohibited material, or place. (3A) In such case the inspector removing the agricultural requirement, prohibited material, material which appears to be a prohibited material, or portion or sample shall give to the person, if known to the inspector, in charge of such agricultural requirement, prohibited material, material which appears to be a prohibited material, or place, or in the case where the agricultural requirement is registered under Part 3 to any wholesale dealer in whose name such agricultural requirement is registered, a notification of such removal and offer to deliver or cause to be delivered 1 part of the sample to any address indicated by such person if indicated within 14 days from the date of the giving of that notice. (4) Before an inspector enters a part of any place which part is used exclusively as a dwelling house the inspector shall, save where the inspector has the permission of the occupier of that part to the inspector’s entry, obtain from a justice a warrant to enter. (4A) A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect that any agricultural requirement or any prohibited material is stored, made, manufactured, mixed or prepared for

63 Agricultural Standards Act 1952 sale, or sold may issue a warrant directed to the inspector to enter the place named in the warrant for the purpose of exercising therein the powers conferred upon an inspector under this Act. (4B) A warrant shall be, for the period of 1 month from the date of its issue, sufficient authority for the inspector and all persons acting in aid of the inspector— (a) to enter the place specified in the warrant; and (b) to exercise therein the powers conferred upon an inspector by or under this Act. (4C) In subsections (4) to (4B) premises that are used as a dwelling house do not include the curtilage of those premises. (5) For the purpose of gaining entry to a place, an inspector may call to the inspector’s aid such persons as the inspector thinks necessary and those persons, while acting in aid of an inspector in the lawful exercise by the inspector of the inspector’s power of entry, shall have a like power of entry. ˙ Analysis 68.(1) On receipt of the 2 parts of a sample from an inspector the standards officer may analyse or cause to be analysed 1 part. (1A) On such event, the other part shall be retained by the standards officer. (2) Comments upon the results or portion of the results of any analysis may be sent by the standards officer to the person from whom samples of the agricultural requirement or prohibited material or material which appears to be a prohibited material were obtained or to the seller or in the case of an agricultural requirement registered under Part 3 to any wholesale dealer in that agricultural requirement, or to all or more than 1 of those persons, which comments may include such results or portions of the results as the standards officer may consider necessary. (3) A copy of the result of any analysis of any portion or sample of agricultural requirement, prohibited material, or material which appears to be a prohibited material procured by an inspector may be obtained from the standards officer by the person from whom the agricultural requirement or prohibited material, or material which appears to be a prohibited material or

64 Agricultural Standards Act 1952 portion or sample so analysed was obtained or, in the case of a portion or sample of agricultural requirement, by any wholesale dealer in that agricultural requirement on payment of the prescribed fee. ˙ Analysis may be published 69. The standards officer may publish in such manner as the standards officer considers necessary the result of the analysis of any agricultural requirement or prohibited material or material which appears to be prohibited material which, or a portion or sample of which, was taken and removed for analysis or seized by an inspector or received by the standards officer for analysis under this Act, together with, as the standards officer thinks fit, the name and address or place of business of the person from whom such agricultural requirement, prohibited material, material which appears to be a prohibited material, or portion, or sample was obtained, or of the seller of same or of the person in charge of the agricultural requirement, or prohibited material, or material which appears to be a prohibited material, or place where such agricultural requirement, prohibited material, material which appears to be a prohibited material, portion, or sample was obtained, or of the wholesale dealer therein or the manufacturer, packer, proprietor, or distributor thereof or of all or more than 1 of those persons and any other particulars relating thereto together with any explanation and comment upon the result of the analysis. ˙ When officer to produce certificate of officer’s appointment if so required 70. Where by virtue of this Act any inspector or other officer is authorised to enter any place or inspect any material or matter or thing the inspector or other officer shall not make any such entry or inspection unless the inspector or other officer is in possession of a certificate of appointment issued by the Under Secretary, and the inspector or other officer shall, on demand by the person occupying or in charge of any place or material or matter or thing, produce the certificate to that person before commencing or proceeding further with the entry or inspection.

65 Agricultural Standards Act 1952 ˙ Powers to ensure that agricultural requirement etc. detained shall comply with this Act 71.(1) Where any agricultural requirement, material, package, label, or advertising matter or portion seized and detained under this Act does not comply in every respect with the provisions of this Act or where any provision of this Act has not been complied with in relation to any agricultural requirement, material, package, label, or advertising matter or portion seized and detained under this Act, such agricultural requirement, package, label, or advertising matter or portion may be removed to any place approved by the standards officer under supervision of an inspector who may do and execute or cause to be done and executed all such acts, matters, and things as the standards officer shall deem necessary to ensure that the agricultural requirement, material, package, label, or advertising matter or portion concerned shall comply in every respect with the provisions of this Act or that the provisions of this Act shall be complied with in relation to the agricultural requirement, material, package, label, or advertising matter or portion and such agricultural requirement, material, package, label, or advertising matter or portion may be detained until such acts, matters, and things are done and executed. Detention of agricultural requirement etc. seized (2) Subject to the provisions of subsection (1), any agricultural requirement, material, package, label, or advertising matter or portion seized and detained under this Act may, unless it is sooner established to the satisfaction of the standards officer that such agricultural requirement, material, package, label, or advertising matter or portion complied in every respect with the provisions of this Act or that the provisions of this Act had been complied with in full in relation to that agricultural requirement, material, package, label, or advertising matter or portion, be detained for a period of 6 months, or if within that period proceedings for an offence against this Act in relation thereto or proceedings for any offence in which such agricultural requirement, material, package, label, or advertising matter or portion is or can properly be adduced in evidence have been instituted, until the final determination of those proceedings, including any appeal in the matter of those proceedings. (2A) However, where any provision of this Act has not been complied with in relation to such agricultural requirement, material, package, label, or advertising matter or portion seized and detained and if such provision is not

66 Agricultural Standards Act 1952 complied with in relation thereto within a period of 90 days next following the date of such seizure, such agricultural requirement, material, package, label, or advertising matter or portion may, upon the expiration of that time, by order of the Minister, become and be forfeited to the Crown. Application to Magistrates Court for forfeiture etc. of agricultural requirement etc. seized (2B) Upon any conviction for an offence against this Act in respect of any agricultural requirement, material, package, label, or advertising matter or portion seized and detained under this Act or if (in any case where proceedings for an offence against this Act in respect of any such agricultural requirement, material, package, label, or advertising matter or portion are not instituted) the owner thereof cannot be ascertained, an application may be made to a Magistrates Court for such order with respect to such agricultural requirement, material, package, label, or advertising matter or portion as to the court may seem meet, and thereupon such court may make an order for the forfeiture of such agricultural requirement, material, package, label, or advertising matter or portion to Her Majesty or such other order as it thinks fit. (2C) A like order may be made by a Magistrates Court upon the dismissal of any proceedings for an alleged offence against this Act in respect of any agricultural requirement, material, package, label, or advertising matter or portion seized and detained under this Act or upon the dismissal of any proceedings in which such agricultural requirement, material, package, label, or advertising matter or portion was or could have been properly adduced in evidence if any appeal relating to such dismissal has been unsuccessful or the time for lodging such appeal has expired. Person convicted liable for costs incurred in dealing with agricultural requirement etc. seized (2D) Any person convicted of an offence against this Act in respect of any agricultural requirement, package, label, or advertising matter or prohibited material or portion which has been seized and detained under this Act shall be liable for all costs, charges, and expenses incurred in handling, storing, or otherwise dealing with that agricultural requirement, package, label, or advertising matter or prohibited material or portion, and the charge for supervision consequent on the seizure and detention thereof, and any sum for which any person is liable under this subsection shall be recoverable by the Under Secretary or any person authorised by the Under

67 Agricultural Standards Act 1952 Secretary from the person as a debt by action in any court of competent jurisdiction. Cost of ensuring that agricultural requirement etc., detained complies with this Act (3) All costs, charges, and expenses incurred in the doing or executing of all acts, matters, and things in pursuance of the provisions of subsection (1) shall be charged to the person in possession of the agricultural requirement, prohibited material, package, label, or advertising matter or portion at the time of the seizure thereof, or if same were then in possession of a carrier then to the consignor thereof, and may be recovered by the Under Secretary or any person authorised by the Under Secretary as a debt by action in any court of competent jurisdiction. Charge for supervision may be prescribed (4) A charge for the supervision by an inspector under this section may be prescribed. Prohibited material seized (5) Any prohibited material seized and detained under this Act may, unless it is sooner established to the satisfaction of the standards officer that the provisions of this Act have been complied with in full in relation thereto, be detained for a period of 90 days next following the date of such seizure, and if still detained on the expiration of that period shall without further or other authority become and be forfeited to Her Majesty. Certificate as to costs (6) The production of a certificate purporting to be signed by the standards officer that any costs, charges, or expenses of an amount stated have been incurred by an inspector under and for the purposes of this Act or are due for supervision by an inspector under this section, shall be prima facie evidence that the costs, charges, or expenses were duly incurred or are so due and that the amount thereof so stated is the correct amount. Saving of s.84 (7) Nothing in this section shall prejudice or affect the power of forfeiture conferred upon a court by the provisions of section 84.

68 Agricultural Standards Act 1952 ˙ Requests by inspector—to buyer 72.(1) The standards officer or any inspector may at any time require the buyer of any agricultural requirement to state the name and address of the seller from whom the standards officer purchased that agricultural requirement and to supply satisfactory evidence of such purchase, and also to produce for inspection any invoice, receipt, letter, agreement, label, or advertisement relating to that agricultural requirement. To seller (2) The standards officer or an inspector may at any time require the seller of any agricultural requirement to state the name and address of the purchaser of that agricultural requirement and any further information relative to the matter and to produce for inspection any books or advertisement relative to the sale of that agricultural requirement. ˙ Obstruction of officers etc. 73. A person shall not— (a) assault, obstruct, threaten, insult, or intimidate any officer in the exercise of powers or in the discharge of duties under this Act, or attempt so to do; or (b) refuse to allow to be taken, removed, seized, or detained under this Act any agricultural requirement, prohibited material, material which appears to be an agricultural requirement or a prohibited material, or portion or sample of any agricultural requirement or prohibited material or material which appears to be an agricultural requirement or a prohibited material, or any package, label, or advertising matter relating in whole or in part to any agricultural requirement; or (c) take, retake, remove, or otherwise deal with, or attempt to take, retake, remove, or otherwise deal with, any agricultural requirement, prohibited material, material which appears to be an agricultural requirement or a prohibited material, or portion or sample of any agricultural requirement or prohibited material or material which appears to be an agricultural requirement or a prohibited material, or any package, label, or advertising matter taken, removed, seized, or detained under this Act; or