Chemical Usage (Agricultural and Veterinary) Control Regulation 1989
CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL
REGULATION 1989
QueenslandChemical Usage
(Agricultural and Veterinary) Control Act 1988CHEMICALUSAGE(AGRICULTURALANDVETERINARY)CONTROLREGULATION1989Reprinted as in force on 11 April
1997(includes amendments up to SL No. 62 of
1997)Reprint No. 1CThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThisregulationisreprintedasat11April1997.Thereprintshowsthelawasamendedbyallamendmentsthatcommencedonorbeforethatday(ReprintsAct1992 s
5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s13s2Chemical Usage (Agricultural and
Veterinary)Control Regulation 1989CHEMICAL USAGE
(AGRICULTURAL ANDVETERINARY) CONTROL REGULATION 1989[As
amended by all amendments that commenced on or before 11 April
1997]˙Short title1.This
regulation may be cited as theChemical Usage
(Agricultural andVeterinary) Control Regulation 1989.˙Definitions2.In this regulation—“hormonal growth promotant”means a product that—(a)containsaningredient,1ormorehormonesoranabolicsubstances,
including, but not limited to, the following—(i)17
beta oestradiol;(ii)progesterone;(iii)oestradiol benzoate;(iv)testosterone propionate;(v)trenbolone acetate;(vi)zeranol; and(b)is
used for the promotion of growth of bovines or bubalines.“MRLstandard”meanstheNationalRegistrationAuthorityforAgriculturalandVeterinaryChemicals,MRLStandardMaximumResidueLimitsinFoodandAnimalFeedstuffsofAgriculturalandVeterinaryChemicalsandAssociatedSubstances,publishedbytheAustralian Government Publishing
Service, Canberra.“vessel”includes any
ship, boat, hovercraft or hulk and any vehicle that iscapableofuseonorinwaterwhetherfloatingorsubmersibleandwhether or not self-propelled.
s34s5Chemical Usage (Agricultural and
Veterinary)Control Regulation 1989˙Prescribed chemicals3.For
the purposes of the definition of “chemical” under the Act,
thesubstances set forth in schedule 1 shall be
prescribed chemicals.˙Proscribed
chemicals3A.Forsection13oftheAct,thechemicalsinschedule1Aareproscribed chemicals.˙Maximum residue limits4.(1)In relation to
agricultural produce intended or normally used forhuman
consumption—(a)the prescribed maximum residue limit
in respect of each chemicallisted in the
MRL Standard shall be—(i)for an item of
agricultural produce set out in the Column ofthe MRL Standard
headed “FOOD”, the maximum residuelimit set
opposite each item respectively;(ii)for
an item of agricultural produce not set out in the MRLStandard, zero, unless the use of the
chemical in relation totheitemofagriculturalproduceconcernedispermittedpursuant to the
provisions of part 2 of the Act; and(b)the
prescribed maximum residue limit for a chemical not listed
inthe MRL Standard shall be zero unless the
use of the chemical inrelationtotheparticularagriculturalproduceconcernedispermitted pursuant to the provisions of part
2 of the Act.(2)Inrelationtoagriculturalproduceintendedornormallyusedforanimal consumption, the prescribed
maximum residue limit in respect ofeach chemical
listed in schedule 2, column 1, shall be the maximum residuelimit
set opposite that chemical in schedule 2, column 2.˙Charges for supervision5.(1)In this
section—“week day”means a day
other than Saturday, Sunday or a public holiday.
s65s6Chemical Usage (Agricultural and
Veterinary)Control Regulation 1989“workinghours”, for an
inspector, means the inspector’s working hoursunder an award,
industrial agreement or industrial instrument under theIndustrial Relations Act 1990or
theWorkplace Relations Act 1997.(2)The charge for
each hour or part of an hour of supervision by aninspector is—(a)if
the inspector undertakes the supervision in the inspector’s
weekday working hours—$25.00; or(b)if the inspector undertakes the
supervision at another time on aweek day—$37.50;
or(c)iftheinspectorundertakesthesupervisiononanotherday—$50.00.(3)Iftheinspectorundertakesthesupervisionotherwisethanonaroutine visit to the area concerned,
the charge is to include time spent by theinspector in
travelling to and from the place of supervision.(4)If, while undertaking the supervision,
the inspector is required to beabsent from the
inspector’s headquarters overnight, the charge is to includean
allowance at the rate payable under thePublic Service
Act 1996to anofficer of the
public service who is not an officer of the Senior ExecutiveService.˙Appeals6.For
the purposes of section 22 of the Act—(a)theprescribedtimeinrespectofanappealagainstadirectioncontained in a
notice under section 16 of the Act shall be 7 daysfrom
the date of the issue of the notice;(b)the
prescribed time in respect of an appeal against the refusal
ofan application made under section 17 of the
Act shall be 14 daysfrom the date of the issue of the
notice of refusal;(c)the prescribed time in respect of an
appeal against the seizure ofanything under
section 20 of the Act shall be 7 days from the dateof
seizure.
s76s8Chemical Usage (Agricultural and
Veterinary)Control Regulation 1989˙Use
and disposal of tributyltin7.(1)A person shall
not use the chemical tributyltin other than at a placeapproved by the Minister and then only if the
chemical is—(a)formulatedinsuchawaythatnotmorethan210µg1ofthechemical are
released per square centimetre of surface to whichthechemicalhasbeenappliedduringthefirst14daysafterapplication and not more than 5 µg of the
chemical are releasedper square centimetre of surface to
which the chemical has beenapplied each day
thereafter;(b)applied to a vessel no less than 25 m
in length.(2)The chemical or any material
containing the chemical or any packagethat contains or
has contained the chemical shall be disposed of in a mannerand
at a place determined by the Minister.˙Users
of hormonal growth promotants8.(1)This
section applies to a person who implants a hormonal growthpromotant into an animal.(2)Thepersonmust,atthesametimeasimplantation,permanentlyidentify the
animal by piercing its right ear with the prescribed ear mark
soas to leave a space on all sides within the
margin of the ear.(3)The person must keep a written record
of details of—(a)the animal treated and the day of
treatment; and(b)the loss, destruction or other
disposal of unused hormonal growthpromotantspurchasedbythepersonandthedayoftheloss,destruction or disposal.(4)The
person must—(a)enterthedetailsintherecordbeforetheendofthedayoftreatment, loss, destruction or disposal;
and(b)keep the entry for not less than 2
years.1“µg” means micrograms.
s97s9Chemical Usage (Agricultural and
Veterinary)Control Regulation 1989(5)In
this section—“prescribed ear mark”means—(a)in relation to cattle within the
meaning of theBrands Act 1915—amark
approved by the Minister within the meaning of that Act; or(b)in relation to any other animal—a mark
of an equal sided trianglewith sides of 20 mm.Maximum penalty for subsections (2), (3) and
(4)—40 penalty units.˙Claims made about
hormonal growth promotants9.(1)In this
section—“HGPfreetag”hasthemeaninggivenbytheStock IdentificationRegulation 1985.“meat
processing facility”has the meaning given by theMeat
Industry Act1993.(2)This section applies to a person who
makes a claim, or causes orpermits a claim
to be made, by an HGP free tag attached to a head of cattle2or otherwise, that the head of cattle
has not been treated with a hormonalgrowth promotant
(“HGP”).(3)If the person sells the head of cattle
other than through an agent at asaleyard,thepersonmust,ifaskedbythebuyer,givethebuyeradeclaration(“HGP
declaration”) when the head of cattle is delivered to
thebuyer.Maximum
penalty—20 penalty units.(4)The HGP
declaration must—(a)be made by the person no more than 7
days before the sale; and(b)state whether or
not the person has treated the head of cattle, or2TheStockIdentificationRegulation1985,section14(2)makesitanoffencetoattachanHGPfreetagtoaheadofcattletreatedwithahormonalgrowthpromotant
(“HGP”).Section 14(4) of that regulation requires
the removal of thetag if the head of cattle is treated with an
HGP.The presence of an HGP freetag
is, therefore, a claim that the head of cattle is not treated with
an HGP.
s98s9Chemical Usage (Agricultural and
Veterinary)Control Regulation 1989caused or
permitted the head of cattle to be treated, with an HGP;and(c)if the person
bought the head of cattle from someone else (the“third person”)—(i)state the name of the third person;
and(ii)state whether or
not an HGP free tag was attached to thehead of cattle
when the person bought it; and(iii)state whether or not the person received an
HGP declarationwhen the person bought the head of
cattle.(5)An HGP declaration may be made about
more than 1 head of cattle.(6)If the person
sells the head of cattle through an agent at a saleyard, theagent
must give the buyer a written statement stating whether or not
anHGP free tag was attached to the head of
cattle when it was sold.Maximum penalty—20 penalty
units.(7)However, the person need not give the
statement if the head of cattlesold through the
agent is consigned to a meat processing facility.(8)Astatementmaybegivenundersubsection(6)aboutmorethan1 head of
cattle.
15Chemical Usage (Agricultural and
Veterinary)Control Regulation 19893´AIAamdchdefdivexpgazhdginslapnotfdomo in cpparaprecpresprev==================KeyKey to
abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes an arabic letter, the reprint was released
inunauthorised, electronic form only.]Reprint No.Amendments
includedReprint date1to SL
No. 269 of 19956 October 19951Ato SL
No. 315 of 199525 July 19961Bto SL
No. 366 of 199623 December 1996´5Tables in earlier reprintsName
of tableTABLES IN EARLIER REPRINTSCorrected minor errorsObsolete and
redundant provisionsReprint No.11
16Chemical Usage (Agricultural and
Veterinary)Control Regulation 1989´6List of legislationChemicalUsage(AgriculturalandVeterinary)ControlRegulation1989(prevChemical Usage
Regulation 1989)pubd gaz 28 January 1989 pp 643–6commenced on date of publicationas
amended by—regulation published gazette (pre SL
Series)—pubd 19 August 1989 p 3205commenced on date of publicationChemical Usage Amendment Regulation 1991 SL
No. 12pubd gaz 6 July 1991 p 1422commenced on date of publicationPrimary Industries (Variation of Fees)
Regulation 1993 SL No. 9notfd gaz 29 January 1993 pp
262–5commenced on date of notificationChemical Usage Amendment Regulation (No. 1)
1993 SL No. 77notfd gaz 26 March 1993 pp 1580–3commenced on date of notificationChemicalUsage(AgriculturalandVeterinary)ControlAmendmentRegulation(No.
1) 1994 SL No. 351notfd gaz 30 September 1994 pp 422–3commenced on date of notificationChemicalUsage(AgriculturalandVeterinary)ControlAmendmentRegulation(No.
1) 1995 SL No. 269notfd gaz 22 September 1995 pp 413–16commenced on date of notificationChemicalUsage(AgriculturalandVeterinary)ControlAmendmentRegulation(No.
2) 1995 SL No. 315notfd gaz 24 November 1995 pp 1223–4commenced on date of notificationChemicalUsage(AgriculturalandVeterinary)ControlAmendmentRegulation(No.
1) 1996 SL No. 366notfd gaz 6 December 1996 pp 1354–6commenced on date of notificationChemicalUsage(AgriculturalandVeterinary)ControlAmendmentRegulation(No.
1) 1997 SL No. 62notfd gaz 21 March 1997 pp 1234–5commenced on date of
notification