Veterinary Preparations and Animal Feeding Stuffs Act 1976

Veterinary Preparations and Animal Feeding Stuffs Regulations 1998

Reprint 1: The regulations as at 13 February 2004

 


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Endnotes, Compilation table, and Table of provisions that have not come into operation

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Reprinted under the Reprints Act 1984 as

at 13 February 2004

Veterinary Preparations and Animal Feeding Stuffs Regulations 1998

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Interpretation1

Part 2 — General

4.Animal feeding stuffs, standards4

5.Animal feeding stuffs, labelling requirements as to restricted animal material4

6.Manufactured stock food, labelling requirements5

6A.Manufactured stock food for export, labelling requirements8

7.Medicated animal feeding stuffs, use of8

8.Animal feeding stuff containing piperazine, limits on use of8

8A.Animal feeding stuffs containing restricted animal material, limits on use of9

9.Animal feeding stuffs, sale of after expiry date9

9A.Sale etc. contrary to a label9

10.Animal feeding stuffs, storage of10

11.Labels not to be removed or statements obscured10

12.Inspector, certificate of appointment (s. 37)10

13.Certificate of analysis (s. 47)10

14.Analysis methods11

Schedule 1 — Substances prohibited in animal feeding stuffs12

Schedule 2 — Maximum amounts of adulterants13

Schedule 3 — Maximum amounts of additives16

Schedule 4 — Publications for determining daily nutritional requirements of animals17

Schedule 5 — Forms18

Notes

Compilation table19

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 13 February 2004

Veterinary Preparations and Animal Feeding Stuffs Act 1976

Veterinary Preparations and Animal Feeding Stuffs Regulations 1998

Part 1 Preliminary

1.Citation

These regulations may be cited as the Veterinary Preparations and Animal Feeding Stuffs Regulations 1998 1.

2.Commencement

These regulations come into operation on the day on which Part 8 of the Agricultural Legislation Amendment and Repeal Act 1998 comes into operation 1.

3.Interpretation

(1)In these regulations, unless the contrary intention appears —

bulk, in relation to the sale of an animal feeding stuff, has the meaning given by subregulation (2);

complete stock food means a manufactured stock food that is designed to provide the complete nutritional requirements of an animal;

expiry date, in relation to an animal feeding stuff, means the date after which the animal feeding stuff will not retain sufficient strength and potency to fulfil the claims as to efficacy for any purpose made on its behalf;

feed supplement means an animal feeding stuff that contains added protein or urea or both and that is designed to be used in conjunction with other animal feeding stuffs;

Form means a form in Schedule 5;

medicated animal feeding stuff means an animal feeding stuff that contains one or more veterinary preparations for the purpose of —

(a)preventing or treating disease;

(b)enhancing growth, production, work or performance; or

(c)altering reproductive physiology;

NRA means the National Registration Authority for Agricultural and Veterinary Chemicals established by the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;

premix means an animal feeding stuff that consists of vitamins, minerals or veterinary preparations but does not include added fibre, protein or urea;

restricted animal material means any material that consists of or contains tissue from an animal, including a bird or a fish, but does not include gelatin, milk, milk products or tallow;

ruminant means alpaca, buffalo, camel, cattle, deer, goat, llama or sheep or any other animal that chews its cud;

veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1960;

WA Agvet legislation means the Agvet Code of Western Australia and the Agvet Regulations of Western Australia;

withholding period means the period that should elapse after the administration of the last dose of a veterinary preparation or animal feeding stuff before the animal is slaughtered and during which period produce from the animal should not be used or processed for human consumption.

(2)For the purposes of these regulations, an animal feeding stuff is sold in bulk if at the time it is supplied to the buyer it is not in a container that itself is supplied to the buyer.

[Regulation 3 amended in Gazette 3 Jul 2001 p. 3275.]

Part 2 General

4.Animal feeding stuffs, standards

(1)This regulation prescribes standards for animal feeding stuffs.

(2)An animal feeding stuff must not contain a substance listed in Schedule 1.

(3)An animal feeding stuff, or an ingredient of an animal feeding stuff, described in column 2 of Schedule 2 must not contain more of an adulterant described in column 3 than is specified in column 4.

(4)An animal feeding stuff described in column 2 of Schedule 3 must not contain more of an additive described in column 3 than is specified in column 4.

(5)If a premix or feed supplement is mixed with other substances according to the directions for the use of the premix or feed supplement, the resulting animal feeding stuff must not contain more of an additive described in column 3 of items 2, 3, 4 or 5 in Schedule 3 than is specified in column 4.

(6)An animal feeding stuff must not contain an additive that is not a veterinary preparation unless the additive —

(a)is registered, or approved, by the NRA; or

(b)if not so registered or approved, is approved by the chief executive officer.

(7)An animal feeding stuff must not contain a veterinary preparation unless the veterinary preparation is registered, or approved, by the NRA.

5.Animal feeding stuffs, labelling requirements as to restricted animal material

(1)If an animal feeding stuff that consists of or contains restricted animal material is sold (whether in a package or in bulk), the package or the invoice for the sale in bulk, as the case requires, must be labelled ‘This feed stuff contains restricted animal material. DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR ANY OTHER RUMINANTS.’.

(2)If a manufactured stock food that does not consist of or contain restricted animal material is sold (whether in a package or in bulk), the package or the invoice for the sale in bulk, as the case requires, must be labelled ‘This feed stuff does not contain restricted animal material.’.

(3)The letters on a label required by this regulation must be legible, conspicuous and —

(a)if the label is printed or stencilled on a package, at least 10 mm high; or

(b)in any other case (including a label on an invoice and a label attached as a separate item to a package), at least 3 mm high.

(4)A label required by this regulation that is attached as a separate item to a package must be at least 120 mm long and at least 45 mm wide.

(5)This regulation does not apply to an animal feeding stuff that is to be exported from Australia .

[Regulation 5 inserted in Gazette 3 Jul 2001 p. 3276.]

6.Manufactured stock food, labelling requirements

(1)If manufactured stock food is sold in a package the net weight of which is 5 kg or more, then, unless subregulation (3a) applies, the package must be labelled with the following information about the stock food:

(a)its trade name;

(b)if not included in its trade name, the animals and the ages of animals that it is manufactured for;

(c)directions for its use;

(d)storage instructions;

(e)its expiry date or the date before which it should be used;

(f)if it contains added fibre, its maximum crude fibre percentage;

(g)if it contains added protein, its minimum crude protein equivalent;

(h)if it contains added salt, the maximum salt percentage;

(i)if it contains added urea, its urea percentage;

(j)if it contains more than 3% of urea, a warning that urea can be poisonous to stock;

(k)the net weight in the package;

(l)its batch number or date of manufacture;

(m)the name, and the address of the principal place of business, of the manufacturer or distributor.

(1a)If manufactured stock food is sold in a package the net weight of which is less than 5 kg, the package must be labelled with the following information about the stock food —

(a)its trade name;

(b)if not included in the trade name, the animals and the ages of animals it is manufactured for;

(c)the net weight in the package;

(d)the name and the address of the principal place of business of the distributor.

(2)The label of manufactured stock food that is sold in a package must not refer to a vitamin or mineral in the stock food unless the stock food, when used according to the directions for its use, supplies at least 25% of the daily requirement of the vitamin or mineral for the species for which the stock food is intended, as determined from the publications listed in Schedule 4.

(3)If manufactured stock food is sold in bulk, the invoice for the sale is to be taken to be the label and must include the following information about the stock food:

(a)its trade name;

(b)its expiry date or the date before which it should be used;

(c)its batch number or date of manufacture;

(d)the net weight supplied;

(e)the name of the person to whom it is supplied.

(3a)If 1 000 kg or more of manufactured stock food is sold by the manufacturer of the stock food to a single person as a single transaction and the stock food is in bags, then either each bag must be labelled in accordance with subregulation (1) or —

(a)each bag must be labelled with ‘This bag must not be sold separately.’ or words to that effect and the following information about the stock food —

(i)its trade name;

(ii)if not included in the trade name, the animals and the ages of animals it is manufactured for;

(iii)the name and the address of the principal place of business of the manufacturer or distributor;

and

(b)the invoice for the sale must comply with subregulation (3).

(4)If manufactured stock food that contains a veterinary preparation is sold (whether in a package or in bulk), the package or the invoice for the sale in bulk, as the case requires, must be labelled with the following additional information:

(a)the words ‘Medicated animal food stuff’ or ‘For animal treatment only’;

(b)the name and concentration of the active constituents of the veterinary preparation;

(c)the purpose of the veterinary preparation;

(d)any warnings or precautionary statements applicable to the veterinary preparation;

(e)directions for the use of the stock food;

(f)if a withholding period applies to the stock food, the period in bold capital letters.

(5)This regulation is in addition to the labelling requirements under the Poisons Act 1964.

(6)This regulation does not apply to manufactured stock food that is to be exported from Australia.

[Regulation 6 amended in Gazette 3 Jul 2001 p. 3276‑7.]

6A.Manufactured stock food for export, labelling requirements

If manufactured stock food that is to be exported from Australia is sold (whether in a package or in bulk), the package or the invoice for the bulk sale, as the case requires, must be labelled with the following —

(a)the name and the address of the principal place of business of the manufacturer or distributor of the stock food;

(b)the statement ‘Not for sale or use in Australia. For export only.’ or words to that effect.

[Regulation 6A inserted in Gazette 3 Jul 2001 p. 3277‑8.]

7.Medicated animal feeding stuffs, use of

A medicated animal feeding stuff must be used in accordance with the label that under the WA Agvet legislation is required for a container containing the veterinary preparation that is in the medicated animal feeding stuff.

Penalty: $1 000.

8.Animal feeding stuff containing piperazine, limits on use of

A person must not feed an animal feeding stuff containing piperazine to an animal for more than one period of 3 consecutive days in any period of 90 consecutive days.

Penalty: $500.

8A.Animal feeding stuffs containing restricted animal material, limits on use of

(1)A person must not feed to a ruminant an animal feeding stuff that consists of or contains restricted animal material.

Penalty: $2 000.

(2)Subregulation (1) does not apply to a person who, with the written permission of the Chief Veterinary Officer (as defined in the Exotic Diseases of Animals Act 1993), feeds to a ruminant for research purposes an animal feeding stuff that consists of or contains restricted animal material.

(3)A person must not feed to a ruminant an animal feeding stuff from a package if the package is labelled with ‘This feed stuff contains restricted animal material. Do not feed to cattle, sheep, goats, deer or other ruminants.’ or words to that effect.

Penalty: $2 000.

[Regulation 8A inserted in Gazette 3 Jul 2001 p. 3278.]

9.Animal feeding stuffs, sale of after expiry date

A person must not sell an animal feeding stuff for use on stock if the expiry date on the label of it has passed.

Penalty: $1 000.

9A.Sale etc. contrary to a label

(1)A person who is not the manufacturer of a manufactured stock food must not sell a package of the stock food that is labelled with ‘This bag must not be sold separately.’ or words to that effect.

(2)A person must not sell an animal feeding stuff (whether in a package or in bulk) if the package or the invoice for the sale in bulk, as the case requires, is labelled with ‘Not for sale or use in Australia. For export only.’ or words to that effect, unless the sale is for the purposes of exporting it from Australia.

(3)A person must not feed to stock any animal feeding stuff (whether from a package or from material bought in bulk) if the package or the invoice for the sale in bulk, as the case requires, is labelled with ‘Not for sale or use in Australia. For export only.’ or words to that effect.

Penalty: $2 000.

[Regulation 9A inserted in Gazette 3 Jul 2001 p. 3278‑9.]

10.Animal feeding stuffs, storage of

A person who stores an animal feeding stuff for the purpose of selling it must store it in accordance with any storage instructions on the label of it.

Penalty: $1 000.

11.Labels not to be removed or statements obscured

If in accordance with these regulations, a package or an invoice is labelled with information, a person must not —

(a)remove the information; or

(b)obliterate the information or otherwise make it illegible.

Penalty: $1 000.

12.Inspector, certificate of appointment (s. 37)

(1)For the purposes of section 37(2) of the Act, a certificate of appointment as an inspector shall be in the form of Form 1.

(2)A certificate in the form prescribed under the regulations repealed by regulation 18 that is in force when these regulations come into operation is to be taken to be in the prescribed form.

13.Certificate of analysis (s. 47)

For the purposes of section 47 of the Act, a certificate of the results of an analysis shall be in the form of Form 2.

14.Analysis methods

For the purposes of the Act and these regulations —

(a)the amount of adulterants; and

(b)the amount of additives,

in an animal feeding stuff is to be determined by an analysis done in accordance with the most recent edition of —

(c)the publication Official Methods of Analysis of the Association of Official Analytical Chemists published by the Association of Official Analytical Chemists, Washington DC, USA; or

(d)the publication Official Methods of Analysis of the Association of Official Agricultural Chemists published by the Association of Official Agricultural Chemists, Washington DC, USA.

[Part 3 repealed in Gazette 3 Jul 2001 p. 3279.]

[Part 4 omitted under the Reprints Act 1984 s. 7(4)(f).]

Schedule 1Substances prohibited in animal feeding stuffs

[r. 4(2)]

Item

Substance

1.

Carbadox

2.

Chloramphenicol

3.

Clenbuterol

4.

Hormones, whether natural or synthetic, including dienoestrol diacetate, diethylstilboestrol, medroxyprogesterone acetate, trenbolone and zeranol

5.

Hydroxyquinalone

6.

Nitrofuran and its derivatives furaltadone, furazolidone, nifursol and nitrofurazone

7.

Phenothiazine

8.

Promazine and related compounds

9.

Reserpine

10.

Sulfathiazole, sulfaguanidine, sulfanilamide, sulfamonomethoxine, sulfachloropyridazine, sulfapyridine, sulfafurazole, sulfamethoxydiazine, sulfacetamide sodium, sulfanitran, phthalylsulfacetamide and sulfacetamide

Schedule 2Maximum amounts of adulterants

[r. 4(3)]

Item

Animal feeding stuff or ingredient of an animal feeding stuff

Adulterant

Maximum amount (grams/ tonne)

1.

All animal feeding stuffs

Ergots (including fruiting bodies)

Lead

Polybrominated biphenyls

Polychlorinated biphenyls

 

200

0.2

Nil

0.05

2.

All animal feeding stuffs

 

Aldrin

Chlordane

DDT, TDE & DDE (sum)

Dieldrin

Endrin

HCB

Heptachlor

Lindane (gamma BHC)

0.01

0.01

0.05

0.01

0.03

0.01

0.02

0.1

3.

All animal feeding stuffs

Sum of the adulterants listed in item 2

 

0.1

4.

Cotton seed meal

Peanut meal

Peanut shells

Aflatoxin B1

0.2

5.

Canola meal

Coconut meal

Linseed meal

Lupin meal

Pea meal

Safflower meal

Soybean meal

Sunflower meal

Aflatoxin B1

0.1

6.

Grain

Crushed grain

Aflatoxin B1

0.01

7.

Animal feeding stuff for pigs

Cadmium

0.5

8.

Animal feeding stuff other than fish meal

Mercury

0.02

9.

Fish meal

Mercury

0.4

10.

Any ingredient for an animal feeding stuff

Lead

1

11.

Manufactured stock food for:

cattle (beef)

cattle (dairy cows)

sheep

horses

 

Aflatoxin B1

Aflatoxin B1

Aflatoxin B1

Aflatoxin B1

 

0.05

0.02

0.05

0.05

12.

Manufactured stock food for:

pigs (creeps & weaners)

pigs (other)

 

Aflatoxin B1

Aflatoxin B1

 

0.01

0.05

13.

Manufactured stock food for:

chickens (layers)

ducks

poultry (other)

 

Aflatoxin B1

Aflatoxin B1

Aflatoxin B1

 

0.02

0.001

0.01

14.

Manufactured stock food for:

cattle (dairy cows & calves)

sheep

pigs (breeding)

pigs (other)

poultry

 

 

Fluorine

Fluorine

Fluorine

Fluorine

Fluorine

 

40

200

150

200

350

14a.

Manufactured stock food for ruminants

Restricted animal material

Nil

15.

Phosphate for inclusion in manufactured stock food

Cadmium

Lower of

20 g/t of phosphate or

100 g/t of phosphorus in phosphate

Fluorine

Lower of

8 g/t of phosphate or

40 g/t of phosphorus in phosphate

[Schedule 2 amended in Gazette 3 Jul 2001 p. 3279.]

Schedule 3Maximum amounts of additives

[r. 4(4)]

Item

Animal feeding stuff

Additive

Maximum amount (grams/tonne)

1.

Blood meal

Fish meal

Meat meal

Meat & bone meal

Butylated hydroxytoluene (BHT)

Butylated hydroxyanisole (BHA)

Ethoxyquin

Isopropyl gallate

Lauryl gallate

 

200

 

200

800

200

200

2.

Complete stock food

Butylated hydroxytoluene (BHT)

Butylated hydroxyanisole (BHA)

Ethoxyquin

Isopropyl gallate

Lauryl gallate

 

100

 

100

150

100

100

3.

Complete stock food

Sum of the additives listed in item 2

 

150

4.

Complete stock food for:

chickens (breeding)

chickens (for meat)

pigs (breeding)

pigs (for meat)

other animals

 

Copper

Copper

Copper

Copper

Copper

 

20

220

50

220

20

5.

Manufactured stock food for other than camelids (other than stock licks)

Selenium

1

6.

Manufactured stock food for animals other than ruminants

Urea

Nil

7.

Stock licks and premixes for cattle, goats or sheep

Copper

Selenium

1400

5

Schedule 4Publications for determining daily nutritional requirements of animals

[r. 6(2)]

1.Publications

(1)In the case of equines — Nutrient Requirements of Equines, published by the National Research Council of the United States National Academy of Sciences.

(2)In the case of pigs — Feeding Standards for Australian Livestock: Pigs, Standing Committee on Agriculture, Pigs Subcommittee, East Melbourne, c1987, published by CSIRO.

(3)In the case of poultry — Feeding Standards for Australian Livestock: Poultry, Standing Committee on Agriculture, Poultry Subcommittee, East Melbourne, 1987, published by CSIRO.

(4)In the case of ruminants — Feeding Standards for Australian Livestock: Ruminants, Standing Committee on Agriculture, Ruminants Subcommittee, East Melbourne, 1990, published by CSIRO.

Schedule 5Forms

[r. 12]

1.Certificate of authority

No. ......................

This is to certify that ............................................................................................., has been appointed an inspector under the Veterinary Preparations and Animal Feeding Stuffs Act 1976.

Dated: ...........................................................................................

Minister

Specimen signature
of holder: ..............................................................

2. Certificate of analysis

Western Australia

Veterinary Preparations and Animal Feeding Stuffs Act 1976

Certificate of analysis

Chemistry Centre (WA)
PERTH

I .............................................................................................................................. a person appointed to be an analyst under the Veterinary Preparations and Animal Feeding Stuffs Act 1976 certify as follows:

On ...................................................... [date]

I received from ....................................................................................................... a sample for analysis marked as follows:

Sample No. ........................................................

Sample of ..........................................................................................................

trade name .........................................................................................................

obtained from ....................................................................................................

I have analysed the sample and the result of my analysis is as follows:

.................................................................................................................................

.................................................................................................................................

Signed .........................................................

On ...................................................... [date]

dline

 

Notes

1This reprint is a compilation as at 13 February 2004 of the Veterinary Preparations and Animal Feeding Stuffs Regulations 1998 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Veterinary Preparations and Animal Feeding Stuffs Regulations 1998

30 Oct 1998 p. 6023‑37

1 Nov 1998 (see r. 2 and Gazette 30 Oct 1998 p. 5993)

Veterinary Preparations and Animal Feeding Stuffs Amendment Regulations 2001

3 Jul 2001 p. 3275‑9

3 Jul 2001

Reprint 1: The Veterinary Preparations and Animal Feeding Stuffs Regulations 1998 as at 13 Feb 2004 (includes amendments listed above)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer