Biosecurity and Agriculture Management Act 2007

Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013

 

Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

4.Chemical products: section 63

5.Notes3

Part 2 — Chemical residues

Division 1 — Preliminary

6.Terms used4

7.Maximum residue limits: section 6 (meaning of maximum residue limit) and section 7 (meaning of contaminated)4

8.Contaminated animals: section 7(d)6

Division 2 — Residue management notices

9.Review by Director General: section 53(1)7

Division 3 — Residue quarantine notices

10.Residue quarantine notice8

11.Duties and obligations under residue quarantine notice9

12.Review by Director General10

13.Review by State Administrative Tribunal11

Division 4 — Residue exposed products

14.Term used: withholding period11

15.Duty to provide information about residue exposed products12

16.Supply of residue exposed products13

17.Dealing with residue exposed product in accordance with permission15

18.Using residue exposed product during withholding period16

19.Approval of quality assurance plan16

Part 3A — Hormone growth promotants

20A.Terms used17

20B.Treating cattle with HGP17

20C.Marking of treated animals17

20D.Declaration that animal HGP free18

Part 3 — Animal feed

Division 1 — Preliminary

20.Application of Part20

21.Terms used20

Division 2 — Animal feed: standards

22.Animal feed: standards21

23.Compliance with standards for animal feed22

24.Unhygienic production etc. of animal feed22

Division 3 — Quality assurance schemes

25.Animal feed to be manufactured in accordance with quality assurance scheme22

26.Director General may approve quality assurance schemes22

Division 4 — Animal feed: labelling

27.Labelling requirements: manufactured animal feed23

28.Labelling requirements for manufactured animal feed for export26

29.Compliance with labelling on animal feed26

Division 5 — Animal feed: restricted animal material

30.Manufactured animal feed for ruminants: production27

31.Manufactured animal feed for ruminants: holding and storage28

32.Animal feed containing restricted animal material: limits on use and storage28

33.Labelling requirements: restricted animal material in manufactured animal feed29

Division 6 — Pig feed

34.Terms used30

35.Approved pig feed30

36.Prohibited pig feed: limits on use, storage and supply31

Part 4 — Fertilisers

Division 1 — Fertilisers: standards

37.Fertilisers: standards33

38.Compliance with standards for fertilisers34

Division 2 — Fertilisers: labelling

39.Labelling requirements: fertilisers34

Division 3 — Fertilisers: sampling and analysis

40.Taking of samples of fertilisers35

41.Analysis of fertilisers36

Part 5 — Standards for fruit

Division 1 — Preliminary

42.Application of Part38

43.Terms used38

Division 2 — Citrus fruit

44.Director General to approve maturity standards for citrus fruit38

45.Sale of immature citrus fruit39

Division 3 — Table grapes

46.Director General to notify maturity standard for table grapes39

47.Sale of immature table grapes39

Part 6 — Miscellaneous

48.Requirements for labels: general40

49.Label not to be removed or statements obscured40

50.Prescribed reporting matters: section 18540

Part 7 — Repeal of subsidiary legislation and transitional provisions

51.Term used: commencement day41

52.Repeals41

53.Fees and expenses41

54.Citrus Fruits Grading Code 200842

55.Table Grape Grading Code 200142

Part 8 — Repealed Acts: transitional provisions

56.Agricultural Produce (Chemical Residues) Act 198343

Schedule 1 — Substances prohibited in animal feed

Schedule 2 — Maximum amounts of contaminants in animal feed

Schedule 3 — Maximum amount of certain substances in animal feed

Schedule 4 — Publications for determining daily nutritional requirements of animals

Schedule 5 — Minimum amounts of certain ingredients in fertilisers

Schedule 6 — Requirements for lime fertilisers

Notes

Compilation table56

Defined terms

 

Biosecurity and Agriculture Management Act 2007

Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013

Part 1  Preliminary

1.Citation

These regulations are the Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day on which the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 section 20 comes into operation.

3.Terms used

In these regulations —

APVMA means the Australian Pesticides and Veterinary Medicines Authority continued by the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Commonwealth);

Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 (Commonwealth) section 4;

ISO means the International Organisation for Standardization;

metal contaminant has the meaning given in the Food Standards Code, Standard 1.4.1 clause 2;

non‑metal contaminant has the meaning given in the Food Standards Code, Standard 1.4.1 clause 3;

restricted animal material means any material that consists of or contains matter from an animal, but does not include gelatin, milk, milk products, tallow or used cooking oil;

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

tallow means any product (including, but not limited to, any product known as tallow, yellow grease or acid oil) which —

(a)contains rendered fats and oils from any animal; and

(b)complies with a specification of 2% maximum M+I (moisture plus insoluble impurities) as measured by American Oil Chemists’ Society’s “Official Methods and Recommended Practices of the AOCS” as published from time to time;

test sieve means a sieve certified in accordance with an ISO standard to deliver a specified aperture size;

used cooking oil means oil previously used for the purposes of cooking which —

(a)has been filtered or otherwise treated to remove visible particulate matter; and

(b)complies with a specification of 2% maximum M+I (moisture plus insoluble impurities) as measured by American Oil Chemists’ Society’s “Official Methods and Recommended Practices of the AOCS” as published from time to time.

4.Chemical products: section 6

The following substances are prescribed for the purposes of the definition of chemical product in section 6 of the Act —

(a)a metal contaminant;

(b)a non‑metal contaminant.

5.Notes

Notes in these regulations are provided to assist understanding and do not form part of the regulations.

Part 2 — Chemical residues

Division 1 — Preliminary

6.Terms used

In this Part —

agricultural chemical product means an agricultural chemical product as defined in the Agvet Code of Western Australia ;

approved quality assurance plan means a quality assurance plan approved by the Director General under regulation 19;

MRL Standard means the MRL Standard as defined in the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 (Commonwealth) clause 5(2), as amended from time to time;

residue exposed product means an animal, agricultural product or animal feed that is —

(a)produced wholly or partly on land that is subject to a residue management notice; or

(b)known, or reasonably suspected, by an inspector to have been exposed to, or to have had access to, a chemical product, restricted animal material or other substance that is capable of causing the product to be contaminated;

residue quarantine notice means a residue quarantine notice given under regulation 10.

[Regulation 6 amended in Gazette 16 Jun 2015 p. 2073.]

7.Maximum residue limits: section 6 (meaning of maximum residue limit) and section 7 (meaning of contaminated)

(1)For the purposes of the Act, the maximum residue limit of a metal contaminant in relation to a food listed in the Table to clause 2 of the Food Standards Code, Standard 1.4.1 is the maximum level for that contaminant in relation to that food listed in, or calculated in accordance with, the Food Standards Code, Standard 1.4.1 clauses 1 and 2.

(2)For the purposes of the Act, the maximum residue limit of a non‑metal contaminant in relation to a food listed in the Table to clause 3 of the Food Standards Code, Standard 1.4.1 is the maximum level for that contaminant in relation to that food listed in, or calculated in accordance with, the Food Standards Code, Standard 1.4.1 clauses 1 and 3.

(3)For the purposes of the Act, the maximum residue limit of an agricultural chemical product or a veterinary chemical product in relation to a food commodity listed in the MRL Standard Table 1 is the maximum residue limit for that chemical product in relation to that food commodity calculated in accordance with the MRL Standard.

(4)If a food item contains more that one food commodity referred to in subregulation (3), the maximum residue limit for an agricultural chemical product or veterinary chemical product in relation to the food item is calculated using the following formulae —

For a mixture of 2:

Where —

MRL C = the maximum residue limit that applies to the chemical product in the food item;

MRL A = the maximum residue limit for the chemical product which applies to food commodity A;

MRL B = the maximum residue limit for the chemical product which applies to food commodity B;

Total Weight = the total weight of the food item;

Weight A = the total weight of food commodity A in the food item;

Weight B = the total weight of food commodity B in the food item.

For a mixture of more than 2:

(5)Subregulations (3) and (4) apply in respect of a food commodity whether it is a human food commodity or an animal feed commodity.

(6)For the purposes of the Act, the maximum residue limit of a compound listed in the MRL Standard Table 4 in relation to an animal feed commodity listed in that Table is the maximum residue limit for that compound in relation to that animal feed commodity calculated in accordance with the MRL Standard.

(7)Where there is no maximum residue limit prescribed in respect of a chemical product in relation to an agricultural product under subregulation (1), (2) or (3), the maximum residual limit is the LOQ of that chemical product.

(8)For the purposes of subregulation (7) —

LOQ means the “limit of analytical quantitation” as defined by the APVMA and published in Residue Guideline No. 4 of February 2000 entitled “Maximum Residue Limit Proposals ‘at or about the Limit of Analytical Quantitation’”.

8.Contaminated animals: section 7(d)

Ruminants which have consumed restricted animal material are prescribed to be contaminated for the purposes of the Act.

Division 2 — Residue management notices

9.Review by Director General: section 53(1)

(1)In this regulation —

residue data, in relation to a residue management notice, means data in relation to the organochlorine or other chemical product or substance contained on the land in respect of which the notice was given including —

(a)the estimated levels of the organochlorine or other chemical product or substance; and

(b)the known soil decay rate for the organochlorine or other chemical product or substance; and

(c)soil testing results for the land; and

(d)results of testing of animal or agricultural products produced wholly or partly on the land.

(2)The Director General must review a residue management notice —

(a)not later than 5 years after it is given to an owner or occupier; and

(b)in each succeeding 5 year period after it is last reviewed.

(3)In conducting the review the Director General must have regard to any residue data that is available to the Director General.

(4)The Director General is not required to conduct any further soil testing for the purpose of the review.

(5)If an owner or occupier of land in respect of which a residue management notice has been given has residue data available that is additional to the data available to the Director General, the owner or occupier may —

(a)provide the additional residue data to the Director General; and

(b)request the Director General to review the residue management notice having regard to that residue data.

Division 3 — Residue quarantine notices

10.Residue quarantine notice

(1)An inspector may give a residue quarantine notice to the owner or occupier of land, or each of them, in respect of a residue exposed product produced, kept or found on that land.

(2)A residue quarantine notice must —

(a)be in a form approved by the Director General; and

(b)advise the owner or occupier to whom it is given that an animal or agricultural product produced (either wholly or in part), kept or found on that land is a residue exposed product; and

(c)specify the duties and obligations imposed on the owner or occupier under the notice.

(3)A residue quarantine notice may be expressed to extend to offspring born to a residue exposed product subject to a residue quarantine notice.

(4)A residue quarantine notice remains in force —

(a)if a period of operation is stated in the notice — until the end of that period; or

(b)otherwise — until it is cancelled by an inspector.

(5)A residue quarantine notice while it remains in force binds each person to whom it is given.

(6)A person bound by a residue quarantine notice must comply with a duty or obligation imposed under the notice.

Penalty:

(a)if section 57 of the Act applies to the contravention, the penalty imposed under that section;

(b)otherwise, a fine of $20 000.

11.Duties and obligations under residue quarantine notice

A residue quarantine notice may impose on the owner or occupier to whom it is given a duty or obligation to do one or more of the following —

(a)obtain the written approval of an inspector before using a residue exposed product in a manner, or for a purpose, specified in the notice;

(b)cease, or restrict in a manner specified in the notice, the supply of a residue exposed product for —

(i)a period specified in the notice; or

(ii)indefinitely;

(c)label, mark or otherwise identify a residue exposed product in a manner specified in the notice;

(d)handle a residue exposed product in ways specified in the notice so as to prevent or limit further exposure or access to contaminants;

(e)treat a residue exposed product in a manner specified in the notice which decontaminates the product;

(f)handle or keep a residue exposed product in accordance with an approved quality assurance plan;

(g)demonstrate compliance with an approved quality assurance plan by allowing an auditor approved by the Director General to conduct audits as specified in the notice;

(h)test, at the expense of the owner or occupier, a residue exposed product so as to —

(i)determine the extent to which that product is contaminated; or

(ii)demonstrate that the conditions imposed by a residue quarantine notice have been complied with and that the product is not, or is no longer, contaminated;

(i)provide information about the details of the restrictions contained in the residue quarantine notice to —

(i)any purchaser, potential purchaser, lessee or potential lessee of the land on which the residue exposed product is produced, kept or found; or

(ii)any person growing or producing agricultural products or agisting or running stock on the land on which the residue exposed product is produced, kept or found;

(j)provide information to an inspector of any proposed change of identity of —

(i)an owner or lessee of the land on which the residue exposed product is produced, kept or found; or

(ii)any person growing or producing agricultural products or agisting or running stock on the land on which the residue exposed product is produced, kept or found.

12.Review by Director General

(1)In this regulation —

residue data means data in relation to the levels of organochlorine, other chemical product or substance contained in a residue exposed product in respect of which a residue quarantine notice has been issued.

(2)The Director General must review a residue quarantine notice that has a period of operation of more than 5 years or that operates indefinitely —

(a)not later than 5 years after it is given to an owner or occupier; and

(b)in each succeeding 5 year period after it is last reviewed.

(3)In conducting the review the Director General must have regard to any residue data that is available to the Director General.

(4)If an owner or occupier bound by a residue quarantine notice has residue data available that is additional to the residue data available to the Director General, the owner or occupier may —

(a)provide the additional residue data to the Director General; and

(b)request the Director General to review the residue quarantine notice having regard to that residue data.

13.Review by State Administrative Tribunal

A person aggrieved by —

(a)a decision to issue a residue quarantine notice; or

(b)a decision of an inspector, under a requirement of a residue quarantine notice referred to in regulation 11(a), to refuse to approve the use of a residue exposed product in the manner, or for the purpose, specified in the residue quarantine notice; or

(c)a decision not to cancel a residue quarantine notice following a review conducted under regulation 12(2); or

(d)a decision by the Director General to refuse a request under regulation 12(4)(b),

may apply to the State Administrative Tribunal for a review of the decision.

Division 4 — Residue exposed products

14.Term used: withholding period

In this Division —

withholding period, in relation to the use of a chemical product, means the minimum period that needs to elapse between —

(a)the last use of the chemical product in relation to an animal, agricultural product or animal feed; and

(b)the use of the animal, agricultural product or animal feed,

in order to ensure that the animal, agriculture product or animal feed is not contaminated.

15.Duty to provide information about residue exposed products

(1)For the purposes of this regulation —

relevant person, in relation to an animal, agricultural product or animal feed, means —

(a)an owner or occupier of land on which the animal, agricultural product or animal feed is kept or found; or

(b)an owner, or any person in control, of the animal, agricultural product or animal feed; or

(c)a veterinary surgeon, stock agent or other person dealing with the animal, agricultural product or animal feed by way of a profession, trade or business.

(2)A relevant person who determines or has reasonable grounds for suspecting that an animal, agricultural product or animal feed is contaminated by an organochlorine or metal contaminant must provide information, in accordance with subregulation (3), about the determination or suspicion to the Director General or an inspector.

Penalty:

(a)if section 57 of the Act applies to the contravention, the penalty imposed under that section;

(b)otherwise, a fine of $2 000.

(3)Information —

(a)may be provided orally or in writing; and

(b)must indicate, as far as practicable, the animal, agricultural product or animal feed in which the contaminant was determined to be or the reasons for suspecting its presence; and

(c)must include any other relevant information within the person’s knowledge; and

(d)must be provided as soon as practicable after determining the presence of the contaminant or suspecting its presence.

(4)A relevant person is not excused from compliance with subregulation (2) on the grounds that the person determined, or came to suspect, that the animal, agricultural product or animal feed was contaminated in the course of giving professional or other advice, or providing professional or other services, to the owner or other person in control of the animal, agricultural product or animal feed.

(5)Subregulation (4) has effect whether the advice was sought or given, or the services were provided, in relation to the place, organism or thing, or in relation to any other matter.

16.Supply of residue exposed products

(1)A person (the supplier) must not supply a residue exposed product to another person (the consumer).

Penalty:

(a)if section 57 of the Act applies to the contravention, the penalty imposed under that section;

(b)otherwise, a fine of $20 000.

(2)It is a defence to a charge for an offence under subregulation (1) to prove that —

(a)the supplier is the owner or occupier of the land on which the residue exposed product was produced or located before the supply; and

(b)the supply is in accordance with a residue quarantine notice given to the supplier in respect of the animal, agricultural product or animal feed; and

(c)the supplier —

(i)has been provided with an inspector’s written permission to supply that residue exposed product; and

(ii)has provided a copy of the permission to the consumer before the supply of the residue exposed product; and

(iii)notified the Director General or an inspector of the name and address of the consumer within 24 hours of the supply of the residue exposed product.

(3)It is a defence to a charge for an offence under subregulation (1) to prove that —

(a)the residue exposed product is an animal that has been treated with a veterinary chemical product in respect of which a withholding period applies and for which the withholding period has not elapsed; and

(b)the supplier has given the consumer written notice of the treatment of the animal including the following —

(i)the withholding period for use of the chemical product or the date the withholding period elapses;

(ii)the name of —

(I)the product used; or

(II)if the product does not have a name, the product’s active constituent;

(iii)details to identify the animal that has been treated;

(iv)the date of the most recent treatment.

(4)It is a defence to a charge for an offence under subregulation (1) to prove that —

(a)the supplier did not know, and had no grounds to suspect, that the animal, agricultural product or animal feed supplied was contaminated; and

(b)the supplier has taken reasonable measures to ensure that the animal, agricultural product or animal feed supplied was not contaminated.

Note for this subregulation:

Such reasonable measures include the adoption of appropriate quality assurance plans or the obtaining of vendor declarations for received products.

(5)A defence under subregulation (4) is only available to a supplier who has —

(a)used a chemical product in connection with the supply of contaminated animals, agricultural products or animal feed; and

(b)supplied animals, agricultural products or animal feed contaminated by substances found in that chemical product,

if that supplier can demonstrate that —

(c)the chemical product was registered under the Agvet Code of Western Australia , Part 2; and

(d)the chemical product was used in accordance with —

(i)all label directions, including withholding periods in respect of the chemical product; or

(ii)the provisions of the Veterinary Chemical Control Regulations 2006.

17.Dealing with residue exposed product in accordance with permission

A consumer who has been given a copy of an inspector’s permission as referred to in regulation 16(2)(c)(ii) must comply with any directions included in the permission about the handling, keeping, supply, transport or use of the residue exposed product to which the permission relates.

Penalty:

(a)if section 57 of the Act applies to the contravention, the penalty imposed under that section;

(b)otherwise, a fine of $20 000.

18.Using residue exposed product during withholding period

(1)A person must not use a residue exposed product for human or animal consumption if —

(a)a withholding period applies to the use of a chemical product that was used in relation to the residue exposed product; and

(b)the withholding period has not elapsed.

Penalty:

(a)if section 57 of the Act applies to the contravention, the penalty imposed under that section;

(b)otherwise, a fine of $20 000.

(2)It is a defence to a charge for an offence under subregulation (1) to prove that —

(a)a residue quarantine notice was in effect in relation to residue exposed product; and

(b)the use of the residue exposed product was in accordance with the notice.

19.Approval of quality assurance plan

(1)A person to whom a residue management notice or a residue quarantine notice is given may request the Director General to approve a quality assurance plan for the management of the levels of contamination of animals or agricultural products on the land in respect of which the notice has been given.

(2)The Director General may approve a quality assurance plan if the Director General is satisfied that the plan sets out suitable procedures to manage the levels of contamination of animals or agricultural products on the land.

Part 3A  Hormone growth promotants

[Heading inserted in Gazette 16 Jun 2015 p. 2073.]

20A.Terms used

In this Part —

animal means cattle;

ear punch mark means an ear punch mark in the form of an equal sided triangle with sides of 20 mm;

hormone growth promotant (HGP) means a veterinary chemical product that contains one or more of the following active constituents —

(a)oestradiol 17B;

(b)oestradiol benzoate;

(c)progesterone;

(d)testosterone propionate;

(e)trenbolone acetate;

(f)zeranol.

[Regulation 20A inserted in Gazette 16 Jun 2015 p. 2073‑4.]

20B.Treating cattle with HGP

The owner of cattle treated with a HGP must ensure that each treated animal is, or has been, marked in accordance with regulation 20C.

Penalty: a fine of $5 000.

[Regulation 20B inserted in Gazette 16 Jun 2015 p. 2074.]

20C.Marking of treated animals

(1)An animal that has been treated with HGP is to be marked by applying an ear punch mark in the centre of the ear so as to leave a space on all sides within the margin of the ear using an ear punch of a type approved by the Director General.

(2)If an animal has been identified for the purposes of the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013 by means of an earmark the ear punch mark referred to in subregulation (1) is to be applied to the ear that is not so marked.

(3)A person who is, or becomes, the owner of an animal that has been treated with HGP must ensure that the ear punch mark applied to the animal remains permanently identifiable.

Penalty: a fine of $5 000.

[Regulation 20C inserted in Gazette 16 Jun 2015 p. 2074.]

20D.Declaration that animal HGP free

(1)In this regulation —

HGP free, in relation to an animal, means an animal that has never been treated with HGP;

transport document has the meaning given in the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013 regulation 3.

(2)An animal is not to be taken to be HGP free unless the transport document in relation to each movement of the animal that is required under the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013 Part 8 includes, or is accompanied by, a declaration that the animal is HGP free.

(3)A declaration that an animal is HGP free is to be in a form approved by the Director General.

(4)A person must not make a declaration that an animal is HGP free if —

(a)the person has treated the animal with HPG; or

(b)the person has not obtained a declaration that the animal is HGP free from the previous owner or supplier (if any) of the animal.

Penalty: a fine of $5 000.

(5)A person must not make a claim in a declaration that an animal is HGP free that the person knows is false or misleading in a material particular.

Penalty: a fine of $5 000.

(6)The requirement under the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013 regulation 201(3) in relation to retention of a transport document extends to the retention of a declaration that an animal is HPG free that accompanies the transport document.

[Regulation 20D inserted in Gazette 16 Jun 2015 p. 2074‑5.]

Part 3 — Animal feed

Division 1 — Preliminary

20.Application of Part

(1)This Part applies to animal feed consumed or intended for consumption by any animal other than the following —

(a)birds kept as domestic pets and not for the purposes of human consumption or the laying of eggs for human consumption;

(b)cats;

(c)dogs;

(d)fish kept as domestic pets and not for the purpose of human consumption;

(e)guinea pigs;

(f)rodents.

(2)The Director General may, by notice given in writing, exempt animal feed specified in the notice from the application of this Part.

21.Terms used

(1)In this Part —

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

premix means animal feed that consists of vitamins, minerals or veterinary chemical products but does not include added fibre, protein or urea.

(2)For the purposes of this Part, animal feed 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.

Division 2 — Animal feed: standards

22.Animal feed: standards

(1)This regulation prescribes standards for the formulation and manufacture of animal feed.

(2)Animal feed must not contain a substance listed in Schedule 1.

(3)Animal feed, or an ingredient of animal feed, described in Schedule 2 column 2 must not contain more of a contaminant described in Schedule 2 column 3 than is specified in Schedule 2 column 4.

(4)Animal feed in Schedule 3 column 2 must not contain more of a substance described in Schedule 3 column 3 than is specified in Schedule 3 column 4.

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

(6)Animal feed must not contain an additive that is not a veterinary chemical product unless the additive —

(a)is registered, or approved, by the APVMA, or the APVMA has indicated that the additive does not require registration or approval; or

(b)if not an additive referred to in paragraph (a), is approved by the Director General.

(7)Animal feed must not contain a veterinary chemical product unless the veterinary chemical product is registered, or approved, by the APVMA.

23.Compliance with standards for animal feed

A person must not supply animal feed unless the animal feed complies with the standards set out in regulation 22 that are relevant to the animal feed.

Penalty: a fine of $2 000 and a daily penalty of $200.

24.Unhygienic production etc. of animal feed

A person must not produce, hold or store animal feed for the purpose of supply in a manner that is, or at premises that are, unsanitary.

Penalty: a fine of $2 000 and a daily penalty of $200.

Division 3 — Quality assurance schemes

25.Animal feed to be manufactured in accordance with quality assurance scheme

A person who produces manufactured animal feed for the purpose of supply must ensure that the animal feed is produced in accordance with a quality assurance scheme approved under regulation 26.

Penalty: a fine of $5 000.

26.Director General may approve quality assurance schemes

The Director General may, in writing, approve a quality assurance scheme in relation to the production of manufactured animal feed if the Director General is satisfied that the scheme —

(a)sets out suitable procedures for the following —

(i)ensuring that the standards that are relevant to the animal feed are complied with;

(ii)identifying and tracing the source of ingredients used in the production of the animal feed;

(iii)managing the levels of contamination in the animal feed;

and

(b)provides for auditing by a suitable independent auditor.

Division 4 — Animal feed: labelling

27.Labelling requirements: manufactured animal feed

(1)A person who supplies, in a container, manufactured animal feed with a net weight of 5 kg or more, must, unless subregulation (5) applies, ensure that the container is labelled with the following information about the animal feed —

(a)its trade name;

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

(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, its maximum salt percentage;

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

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

(k)the net weight in the container;

(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.

Penalty: a fine of $2 000 and a daily penalty of $200.

(2)A person who supplies, in a container, manufactured animal feed with a net weight of less than 5 kg must ensure that the container is labelled with the following information about the animal feed —

(a)its trade name;

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

(c)the net weight in the container;

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

Penalty: a fine of $2 000 and a daily penalty of $200.

(3)A person who supplies manufactured animal feed in a container must ensure that any labelling of the container that refers to a mineral or vitamin in the animal food includes information about the percentage of the daily requirement of the mineral or vitamin provided by the animal feed when used in accordance with the directions for its use for the species for which the animal feed is intended as determined from the publications listed in Schedule 4.

Penalty: a fine of $2 000 and a daily penalty of $200.

(4)A person who supplies manufactured animal feed in bulk must ensure that the delivery docket for the supply is labelled with the following information about the animal feed —

(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.

Penalty: a fine of $2 000 and a daily penalty of $200.

(5)A manufacturer of manufactured animal feed who supplies 500 kg or more of the animal feed in containers to a single person as a single transaction must ensure that —

(a)each container is labelled in accordance with subregulation (1); or

(b)the delivery docket for the supply complies with subregulation (4) and each container is labelled with the following information —

(i)the words “This bag must not be sold separately” or words to that effect;

(ii)the following information about the animal feed —

(I)its trade name;

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

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

Penalty: a fine of $2 000 and a daily penalty of $200.

(6)A person who supplies manufactured animal feed that contains a veterinary chemical product (whether in a container or in bulk), must ensure that the labelling of the container or the delivery docket for the supply in bulk, as the case requires, includes the following information —

(a)the information required by subregulations (1) to (5) as applicable;

(b)the words “Medicated animal food stuff” or “For animal treatment only”;

(c)the name and concentration of the active constituents of the veterinary chemical product;

(d)the purpose of the veterinary chemical product;

(e)any warnings or precautionary statements applicable to the veterinary chemical product;

(f)directions for the use of the animal feed;

(g)if a withholding period applies to the animal feed, the period in bold capital letters.

Penalty: a fine of $2 000 and a daily penalty of $200.

(7)This regulation is in addition to the labelling requirements under the Medicines and Poisons Act 2014.

(8)This regulation does not apply to manufactured animal feed that is to be exported from Australia .

[Regulation 27 amended in Gazette 17 Jan 2017 p. 405.]

28.Labelling requirements for manufactured animal feed for export

A person who supplies manufactured animal feed that is to be exported from Australia (whether in a container or in bulk), must ensure that the labelling of the container or the delivery docket for the supply in bulk, as the case requires, includes the following —

(a)the name and the address of the principal place of business of the manufacturer or distributor of the animal feed;

(b)the statement “Not for supply or use in Australia . For export only.”.

29.Compliance with labelling on animal feed

(1)A person must not supply animal feed for use for stock (whether in a container or in bulk) if the expiry date or the date before which it must be used on the label or delivery docket, as the case requires, of the animal feed has passed.

Penalty: a fine of $2 000 and a daily penalty of $200.

(2)A person who is not the manufacturer of manufactured animal feed must not supply a container of the animal feed that is labelled with “This bag must not be sold separately.” or words to that effect.

Penalty: a fine of $2 000 and a daily penalty of $200.

(3)A person must not supply animal feed (whether in a container or in bulk) if the container or the delivery docket for the supply in bulk, as the case requires, is labelled with “Not for supply or use in Australia . For export only.” or words to that effect, unless the supply is for the purposes of exporting it from Australia .

Penalty: a fine of $2 000 and a daily penalty of $200.

(4)A person must not feed to stock any animal feed (whether from a container or from material bought in bulk) if the container or the delivery docket for the supply in bulk, as the case requires, is labelled with “Not for supply or use in Australia . For export only.” or words to that effect.

Penalty: a fine of $2 000 and a daily penalty of $200.

(5)A person who stores animal feed for the purpose of supplying it must store it in accordance with any storage instructions on the label or delivery docket of the feed.

Penalty: a fine of $2 000 and a daily penalty of $200.

Division 5 — Animal feed: restricted animal material

30.Manufactured animal feed for ruminants: production

A person who produces manufactured animal feed for ruminants for the purposes of supply must ensure that the manufactured animal feed is produced in such a manner that it does not contain restricted animal material.

Penalty: a fine of $5 000 and a daily penalty of $500.

31.Manufactured animal feed for ruminants: holding and storage

A person who holds or stores manufactured animal feed for ruminants must ensure that the manufactured animal feed is held or stored in such a manner that it does not come in contact with restricted animal material.

Penalty: a fine of $5 000 and a daily penalty of $500.

32.Animal feed containing restricted animal material: limits on use and storage

(1)A person must not —

(a)feed to a ruminant animal feed that consists of or contains restricted animal material; or

(b)allow a ruminant to have access to animal feed that consists of or contains restricted animal material.

Penalty: a fine of $5 000 and a daily penalty of $500.

(2)Subregulation (1) does not apply to a person who, with the prior written permission of the Director General, feeds to a ruminant for research purposes animal feed that consists of or contains restricted animal material.

(3)A person must take every reasonable measure to ensure that a ruminant does not gain access to animal feed that is in the possession of the person that consists of or contains restricted animal material.

Penalty: a fine of $5 000 and a daily penalty of $500.

(4)A person must not feed to a ruminant an animal feed from a container if the container is labelled with “This product contains restricted animal material. DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR ANY OTHER RUMINANTS.” or words to that effect.

Penalty: a fine of $5 000 and a daily penalty of $500.

(5)A person must not put animal feed for ruminants in a container that has been used for packaging a product that consists of or contains restricted animal material.

Penalty: a fine of $5 000 and a daily penalty of $500.

33.Labelling requirements: restricted animal material in manufactured animal feed

(1)A person who supplies manufactured animal feed (whether in a container or in bulk), must ensure that the container or the delivery docket for the supply in bulk, as the case requires, is labelled with a RAM statement.

Penalty: a fine of $2 000 and a daily penalty of $200.

(2)The following statements are RAM statements —

(a)“This product contains restricted animal material. DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR ANY OTHER RUMINANTS.”;

(b)“This product does not contain restricted animal material.”;

(c)a statement approved in writing by the Director General relating to a product —

(i)that contains a restricted animal material; or

(ii)that does not contain a restricted animal material.

(3)A person who supplies manufactured animal feed that consists of or contains restricted animal material (whether in a container or in bulk), must ensure that the container or the delivery docket for the supply in bulk, as the case requires, is labelled “This product contains restricted animal material. DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR ANY OTHER RUMINANTS.” or with a statement approved under subregulation (2)(c)(i).

Penalty: a fine of $2 000 and a daily penalty of $200.

(4)A person who supplies manufactured animal feed that does not consist of or contain restricted animal material (whether in a container or in bulk), must ensure that the container or the delivery docket for the supply in bulk, as the case requires, is labelled “This product does not contain restricted animal material.” or with a statement approved under subregulation (2)(c)(ii).

Penalty: a fine of $2 000 and a daily penalty of $200.

(5)The letters on a label required by this regulation must —

(a)if the label is printed or stencilled on a container the net weight of which is more than 5 kg, be at least 10 mm high; and

(b)in any other case (including a label on a delivery docket and a label attached as a separate item to a container), be at least 3 mm high.

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

Division 6 — Pig feed

34.Terms used

In this Division —

approved feed means feed that is approved for use as pig feed under with regulation 35(1);

prohibited pig feed means feed that contains any material that consists of or contains matter from a mammal or material that has been in contact with matter from a mammal, but does not include approved feed.

35.Approved pig feed

(1)Except as provided in subregulation (3), the following feed is approved for use as pig feed —

(a)feed that contains or consists of milk, milk products or milk by‑products that are of Australian provenance or have been legally imported for stockfeed use in Australia ;

(b)feed that contains or consists of the flesh, bones, blood or offal of a mammal that has been treated by a process approved by the Director General in writing;

(c)feed that is used in accordance with an approval given under subregulation (2).

(2)The Director General may, by notice given in writing, approve the use of feed that contains or consists of the flesh, bones, blood or offal of a mammal as pig feed for any of the following purposes —

(a)baiting of feral pigs;

(b)research relating to pigs;

(c)therapeutic treatment of a pig.

(3)The Director General may, by notice given in writing, declare that feed of a type referred to in subregulation (1) is not approved for use in feeding pigs if the Director General is satisfied that —

(a)there is an outbreak of, or likely presence of a disease; and

(b)the disease could be spread by the use of the feed.

36.Prohibited pig feed: limits on use, storage and supply

A person must not —

(a)store prohibited pig feed at premises at which pigs are kept; or

(b)collect material that is prohibited pig feed for use for feeding to pigs; or

(c)feed to a pig prohibited pig feed; or

(d)allow a pig to have access to prohibited pig feed; or

(e)supply to another person prohibited pig feed that the person supplying the feed knows is for use for feeding to any pig.

Penalty: a fine of $5 000 and a daily penalty of $500.

Part 4 — Fertilisers

Division 1 — Fertilisers: standards

37.Fertilisers: standards

(1)This regulation prescribes standards for the formulation and manufacture of fertilisers.

(2)A solid fertiliser not intended for use in solution that contains an ingredient described in Schedule 5 column 2 must contain as a minimum, that ingredient in the proportion of the total weight of the fertiliser specified in Schedule 5 column 3.

(3)A liquid fertiliser or soluble solid fertiliser intended for use in solution that contains an ingredient described in Schedule 5 column 2 must, when used in accordance with the directions for its use, contain as a minimum, that ingredient in the concentration specified in Schedule 5 column 4.

(4)A fertiliser sold by a description specified in Schedule 6 column 2 must —

(a)contain at least the percentage specified in Schedule 6 column 3 of fine material as described in that column; and

(b)have a neutralising value that is at least the percentage of the neutralising value of pure calcium carbonate specified in Schedule 6 column 4;

(c)satisfy any other requirements in Schedule 6 column 5.

(5)A fertiliser must not contain more than 0.05% of lead or lead compounds by weight.

(6)A fertiliser —

(a)that contains 2% or more phosphorous must not contain more than 0.005% of mercury or mercury compounds determined by reference to the weight of phosphorus in the fertiliser; or

(b)other than a fertiliser referred to in paragraph (a), must not contain more than 0.0005% of mercury or mercury compounds by weight.

(7)A fertiliser —

(a)that contains an ingredient referred to in Schedule 5 items 7 to 13 must not contain more than 0.005% of cadmium or cadmium compounds by weight; or

(b)that contains 2% or more of more phosphorous must not contain more than 0.03% of cadmium or cadmium compounds determined by reference to the weight of phosphorous in the fertiliser; or

(c)other than a fertiliser referred to in paragraph (a) or (b), must not contain more than 0.001% of cadmium or cadmium compounds by weight.

38.Compliance with standards for fertilisers

A person must not supply a fertiliser unless the fertiliser complies with the standards set out in regulation 37 that are relevant to the fertiliser.

Penalty: a fine of $5 000.

Division 2 — Fertilisers: labelling

39.Labelling requirements: fertilisers

(1)A person who supplies fertiliser (whether in a container or in bulk), must ensure that the labelling of the container or the delivery docket for the supply in bulk, as the case requires, includes the following information —

(a)the name of the fertiliser;

(b)the brand of the fertiliser;

(c)the name and the address of the principal place of business, of the Australian manufacturer or distributor;

(d)if the label or docket states that the fertiliser contains any specified ingredients, the minimum percentages of those ingredients contained in the fertiliser.

Penalty: a fine of $2 000 and a daily penalty of $200.

(2)The letters on a label required by this regulation must be at least 2 mm high.

(3)Subregulation (1) does not apply to the supply of 20 kg or less of a fertiliser if the fertiliser is taken in the presence of the purchaser from a container labelled in accordance with that subregulation.

Division 3 — Fertilisers: sampling and analysis

40.Taking of samples of fertilisers

(1)For the purposes of section 119(3)(a) of the Act the following manners of taking of samples of fertilisers are prescribed —

(a)for solid fertiliser that is contained in a bag, by thrusting a device consisting of a slotted single or double tube, or, a slotted tube and rod, having a solid comb tip at one end diagonally across the length of the bag of which the sample is being taken;

(b)for solid fertiliser that is contained in a bulk container mounted on a conveyance, by thrusting a device consisting of a slotted single tube and rod into the fertiliser so as to obtain a vertical core and reducing the quantity of the sample to approximately 1.5 kg by riffling or quartering the sample;

(c)for solid fertiliser during loading or unloading of a bulk container, by passing a sampling dipper through the stream of the fertiliser as it drops from a belt or chute and reducing the quantity of the sample to approximately 1.5 kg by riffling or quartering the sample;

(d)for liquid fertiliser that is in the form of a clear solution, by taking the sample direct from the container;

(e)for fertiliser in a fluid solution containing suspended material, by agitating the fertiliser until mixed and drawing the sample from the outlet or from the top of the container by a dipper.

(2)A sample of a fertiliser must be taken in the presence of the supplier of the fertiliser or another person apparently in charge of the fertiliser unless it would be impractical to do so.

(3)An inspector who takes a sample of a fertiliser must —

(a)thoroughly mix the sample and divide it into approximately 3 equal parts; and

(b)place each of those parts in a separate container and seal or fasten each container; and

(c)place on each container a label stating the brand of the fertiliser or substance; and

(d)provide one of the parts of the sample to the supplier of the fertiliser or the person apparently in charge of the fertiliser; and

(e)retain 2 of the parts, one for the purposes of analysis and the other for future comparison.

41.Analysis of fertilisers

The analysis of fertilisers for the purposes of the Act must be conducted —

(a)at a laboratory that —

(i)is accredited by the National Association of Testing Authorities; and

(ii)uses analytical techniques relevant to the fertiliser industry set out in International Standards published by the ISO;

or

(b)in accordance with the written instructions of the chief executive officer as defined in the Chemistry Centre (WA) Act 2007 section 3(1).

Part 5 — Standards for fruit

Division 1 — Preliminary

42.Application of Part

This Part does not apply to fruit that is to be exported from the State.

43.Terms used

In this Part —

approved method, in relation to fruit, means a method for measuring the maturity of the fruit approved by the Director General;

mature, in relation to fruit, means the fruit meets or exceeds the minimum standard of maturity for that fruit, when measured using an approved method;

minimum standard of maturity, in relation to fruit, means the minimum standard of maturity approved under this Part for fruit of that variety.

Division 2 — Citrus fruit

44.Director General to approve maturity standards for citrus fruit

(1)In this regulation —

grower organisation means the producers’ committee established under the Agricultural Produce Commission Act 1988 section 11 in relation to citrus fruit, being the committee referred to as Fruit West.

(2)On or before 1 April each year the Director General must —

(a)approve the minimum standard of maturity for each variety of citrus fruit for the 12 month period commencing on 1 April of that year; and

(b)notify the grower organisation of those minimum standards.

45. Sale of immature citrus fruit

A person must not sell citrus fruit intended for consumption as fresh fruit unless the citrus fruit is mature.

Penalty: a fine of $2 000.

Division 3 — Table grapes

46.Director General to notify maturity standard for table grapes

(1)In this regulation —

grower organisation means the producers’ committee established under the Agricultural Produce Commission Act 1988 section 11 in relation to table grapes, being the committee referred to as the Table Grape Producers’ Committee.

(2)On or before 1 September each year the Director General must —

(a)approve the minimum standard of maturity for each variety of table grapes for the 12 month period commencing on 1 September of that year; and

(b)notify the grower organisation of those minimum standards.

47. Sale of immature table grapes

A person must not sell table grapes intended for consumption as fresh fruit unless the table grapes are mature.

Penalty: a fine of $2 000.

Part 6  Miscellaneous

48.Requirements for labels: general

(1)If, in accordance with these regulations, a container or a delivery docket is labelled with information, the information —

(a)must be legible and conspicuous; and

(b)must be in English; and

(c)may be also in a language other than English.

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

49.Label not to be removed or statements obscured

If, in accordance with these regulations, a container or a delivery docket is labelled with information, a person must not —

(a)remove the information; or

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

Penalty: a fine of $2 000 and a daily penalty of $200.

50.Prescribed reporting matters: section 185

For the purposes of section 185 of the Act, the Director General may publish in the public interest the existence of, and all information relating to any —

(a)residue management notice; or

(b)residue quarantine notice.

Part 7  Repeal of subsidiary legislation and transitional provisions

51.Term used: commencement day

In this Part —

commencement day means the day on which these regulations come into operation.

52.Repeals

The following subsidiary legislation is repealed:

(a)Agricultural Produce (Chemical Residues) Regulations 1985;

(b)Agricultural Products (Citrus Fruits) Order 2008;

(c)Agricultural Products (General) Regulations 1983;

(d)Agricultural Products (Table Grapes) Order 2001;

(e)Agricultural Products (Table Grapes) Order 2012;

(f)Citrus Fruits Grading Code 2008;

(g)Fertilizers Regulations 1978;

(h)Table Grape Grading Code 2001.

53.Fees and expenses

On and from the commencement day —

(a)any fees payable under a regulation repealed under regulation 52 and outstanding on the commencement day are to be regarded as payable under the Biosecurity and Agriculture Management Regulations 2013 at the time, and in the manner, in which the fees would have been payable under the repealed regulation and may be recovered accordingly;

(b)any expenses recoverable under a regulation repealed under regulation 52 and outstanding on the commencement day may be recovered under the Biosecurity and Agriculture Management Regulations 2013 regulation 128.

54.Citrus Fruits Grading Code 2008

(1)A notification given under the Citrus Fruits Grading Code 2008 clause 5 that is in effect immediately before the commencement day is taken to be notice given under regulation 44(2)(b) for the period beginning on the commencement day and ending on 31 March following the commencement day.

(2)If a manner of testing the maturity of a variety of citrus fruit approved by the Director General under the Citrus Fruits Grading Code 2008 is in effect immediately before the commencement day the manner of testing is taken to be an approved method for the variety of citrus fruit for the purposes of regulation 43.

55.Table Grape Grading Code 2001

(1)A notification given under the Table Grape Grading Code 2001 clause 5 that is in effect immediately before the commencement day is taken to be notice given under regulation 46(2)(b) for the period beginning on the commencement day and ending on 31 August following the commencement day.

(2)If a manner of testing the maturity of a variety of table grapes approved by the Director General under the Table Grape Grading Code 2001 is in effect immediately before the commencement day the manner of testing is to be taken to be an approved method for the variety of table grapes for the purposes of regulation 43.

Part 8  Repealed Acts: transitional provisions

56.Agricultural Produce (Chemical Residues) Act 1983

(1)In this regulation —

quarantine notice (land) means a notice given under the Agricultural Produce (Chemical Residues) Act 1983 section 7(2) that is in effect on the day before the repeal day;

quarantine notice (produce) means a notice given under the Agricultural Produce (Chemical Residues) Act 1983 section 7(1) that is in effect on the day before the repeal day;

repeal day means the day the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 section 20 comes into operation.

(2)On and from the repeal day a quarantine notice (land) is taken to be a residue management notice given under section 52 of the Act —

(a)that is subject to —

(i)the conditions on the use of the land that are specified in the notice; and

(ii)any approval in writing given under the Agricultural Produce (Chemical Residues) Act 1983 section 11;

and

(b)that has effect until the expiry of the time specified in the quarantine notice.

(3)On and from the repeal day a quarantine notice (produce) is taken to be a residue quarantine notice given under regulation 10 —

(a)that is subject to —

(i)the conditions specified in the notice; and

(ii)any approval in writing given under the Agricultural Produce (Chemical Residues) Act 1983 section 11;

and

(b)that has effect until the expiry of the time specified in the quarantine notice.

 

Schedule 1  Substances prohibited in animal feed

[r. 22(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 2  Maximum amounts of contaminants in animal feed

[r. 22(3)]

Column 1

Item

Column 2

Animal feed or ingredient of animal feed

Column 3

Contaminant

Column 4

Maximum amount (grams/ tonne)

1.

All animal feed

Ergots (including fruiting bodies)

Lead

Polybrominated biphenyls

Polychlorinated biphenyls


200

0.2


Nil


0.05

2.

Cotton seed meal

Peanut meal

Peanut shells

Aflatoxin B1

0.2

3.

Canola meal

Coconut meal

Linseed meal

Lupin meal

Pea meal

Safflower meal

Soybean meal

Sunflower meal

Aflatoxin B1

0.1

4.

Grain

Crushed grain

Aflatoxin B1

0.01

5.

Animal feed for pigs

Cadmium

0.5

6.

Animal feed other than fish meal


Mercury


0.02

7.

Fish meal

Mercury

0.4

8.

Any ingredient for an animal feed


Lead


1

9.

Manufactured animal feed for —

cattle (beef)

cattle (dairy cows)

sheep

horses


Aflatoxin B1

Aflatoxin B1

Aflatoxin B1

Aflatoxin B1


0.05

0.02

0.05

0.05


10.

Manufactured animal feed for —

pigs (creeps and weaners)

pigs (other)



Aflatoxin B1

Aflatoxin B1



0.01

0.05

11.

Manufactured animal feed for —

chickens (layers)

ducks

poultry (other)


Aflatoxin B1

Aflatoxin B1

Aflatoxin B1


0.02

0.001

0.01

12.

Manufactured animal feed for —

cattle (dairy cows and calves)

sheep

pigs (breeding)

pigs (other)

poultry



Fluorine

Fluorine

Fluorine

Fluorine

Fluorine



40

200

150

200

350

13.

Manufactured animal feed for ruminants

Restricted animal material


Nil

14.

Phosphate for inclusion in manufactured animal feed

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 3  Maximum amount of certain substances in animal feed

[r. 22(4) and (5)]

Column 1

Item

Column 2

Animal feed

Column 3

Substance

Column 4

Maximum amount (grams/ tonne)

1.

Blood meal

Fish meal

Meat meal

Meat and bone meal

Butylated hydroxytoluene (BHT)

Butylated hydroxyanisole (BHA)

Ethoxyquin

Isopropyl gallate

Lauryl gallate


200


200

800

200

200

2.

Complete animal feed

Butylated hydroxytoluene (BHT)

Butylated hydroxyanisole (BHA)

Ethoxyquin

Isopropyl gallate

Lauryl gallate


100


100

150

100

100

3.

Complete animal feed

Sum of the additives listed in item 2


150

4.

Complete animal feed for —

chickens (breeding)

chickens (for meat)

pigs (breeding)

pigs (for meat)

other animals


Copper

Copper

Copper

Copper

Copper


20

220

50

220

15

5.

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





Selenium





1

6.

Manufactured animal feed for animals other than ruminants




Urea




Nil

7.

Stock licks and premixes for cattle, goats or sheep


Copper
Selenium


1400
5

Schedule 4  Publications for determining daily nutritional requirements of animals

[r. 27(3)]

Item

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 5  Minimum amounts of certain ingredients in fertilisers

[r. 37(2) and (3)]

Column 1

Item

Column 2

Ingredient

Column 3 Proportion of total weight of solid fertiliser

Column 4 Concentration in liquid fertiliser

1.

Nitrogen (N)
— as nitrate, ammonia or urea
— as total nitrogen



0.2%
0.5%




0.1%

2.

Phosphorus (P)
— as water or citrate soluble
— as citrate insoluble
— as total phosphorus



0.2%

0.2%

0.5%







0.1%

3.

Potassium (K)
— as sulphate, chloride or nitrate
— as total potassium



0.2%

0.5%





0.1%

4.

Calcium (Ca)

0.5%

0.1%

5.

Magnesium (Mg)

0.5%

0.1%

6.

Sulphur (S)

0.5%

0.1%

7.

Iron (Fe)

0.1%

0.005%

8.

Manganese (Mn)

0.05%

0.005%

9.

Copper (Cu)

0.05%

0.005%

10.

Zinc (Zn)

0.05%

0.005%

11.

Boron (B)

0.02%

0.005%

12.

Molybdenum (Mo)

0.001%

0.001%

13.

Cobalt (Co)

0.001%

0.001%

14.

Selenium (Se)

0.001%

0.001%

Schedule 6  Requirements for lime fertilisers

[r. 37(4)]

 

Column 1

Item

Column 2

Description of fertiliser

Column 3

Percentage and description of fine material

Column 4

Neutralising value (%)

Column 5

Other requirements

1.

Agricultural Lime (First Grade)

80% fine material capable of passing through a test sieve with an aperture size not exceeding 0.6 mm

75

 

2.

Agricultural Lime (Second Grade)

60% fine material capable of passing through a test sieve with an aperture size not exceeding 0.6 mm

50

 

3.

Pelleting Lime

99% fine material that is capable of passing through a test sieve with an aperture size not exceeding 0.053 mm

90

have a ph value of not more than 9.8 using a limestone to water ratio of not less than 1:5

 

Notes

1This is a compilation of the Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation

Gazettal

Commencement

Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013

5 Feb 2013 p. 763‑820

r. 1 and 2: 5 Feb 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 1 May 2013 (see r. 2(b)
and Gazette 5 Feb 2013 p. 823)

Biosecurity and Agriculture Management (Agriculture Standards) Amendment Regulations 2015

16 Jun 2015 p. 2073‑5

r. 1 and 2: 16 Jun 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 17 Jun 2015 (see r. 2(b))

Agriculture and Food Regulations Amendment (Poisons) Regulations 2016 Pt. 3

17 Jan 2017 p. 404‑6

30 Jan 2017 (see r. 2(b) and Gazette 17 Jan 2017 p. 403)

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

agricultural chemical product6

animal20A

approved feed34

approved method43

approved quality assurance plan6

APVMA3

commencement day51

consumer16(1)

ear punch mark20A

feed supplement21(1)

Food Standards Code3

grower organisation44(1), 46(1)

HGP free20D(1)

hormone growth promotant (HGP)20A

ISO3

LOQ7(8)

mature43

means a quality assurance plan 6

metal contaminant3

minimum standard of maturity43

MRL Standard6

non‑metal contaminant3

premix21(1)

prohibited pig feed34

quarantine notice (land)56(1)

quarantine notice (produce)56(1)

relevant person15(1)

repeal day56(1)

residue data9(1)

residue data 12(1)

residue exposed product6

residue quarantine notice6

restricted animal material3

ruminant3

sold in bulk21(2)

supplier16(1)

tallow3

test sieve3

transport document20D(1)

used cooking oil3

withholding period14