Animal Health Amendment Regulations 1999

Animal Health Amendment Regulations 1999

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Animal Health Act 1995 .

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Animal Health Amendment Regulations 1999 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Animal Health Regulations 1996 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by omitting "ruminant" from the definition of compounded feed and substituting "mammalian";

(b) by omitting the definition of ruminant material and substituting the following definition:

mammalian material means –

(a) tissues, including blood, from mammals; and

(b) meals obtained by rendering tissues, including blood, from mammals.

5.    Regulation 5A amended (Use of certain vaccines limited)

The penalty under regulation 5A(1) of the Principal Regulations is amended by omitting "100 penalty units" and substituting "5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues".

6.    Part 3A: Heading amended

Part 3A of the Principal Regulations is amended by omitting "RUMINANT" from the heading to that Part and substituting "MAMMALIAN".

7.   Reguations 10A, 10B, 10C and 10D substituted and regulation 10DA inserted

Regulations 10A, 10B, 10C and 10D of the Principal Regulations are rescinded and the following regulations are substituted:

10A.   Application of Part 3A

This Part does not apply to –

(a) feed supplied or sold as pet food, including food for –

(i) caged birds other than poultry; and

(ii) aquarium fish; or

(b) feeds supplied to non-ruminant laboratory animals; or

(c) tallow; or

(d) gelatin; or

(e) meat products that have been inspected, cooked and offered for human consumption but been subsequently processed into animal food; or

(f) milk or milk protein; or

(g) products consisting entirely of porcine, macropod or equine material; or

(h) meal or compounded feed manufactured before 1 January 2000.

10B.   Feeding mammalian material

(1)  A person must not feed bulk compounded feed or bulk meal to a ruminant if the invoice or other document relating to the purchase of the feed or meal contains any of the following statements:

(a) This product contains mammalian material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS;

(b) This product contains mammalian material – DO NOT FEED TO RUMINANTS;

(c) DO NOT FEED TO RUMINANTS;

(d) For pig use only;

(e) For poultry use only;

(f) For pig and poultry use only;

(g) For ...................................... use only.

(name of non-ruminant species)

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.

(2)  A person must not feed bagged compounded feed or bagged meal to a ruminant if the bag, a label on the bag or a tag firmly attached to the bag contains any of the following statements:

(a) This product contains mammalian material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS;

(b) This product contains mammalian material – DO NOT FEED TO RUMINANTS;

(c) DO NOT FEED TO RUMINANTS;

(d) For pig use only;

(e) For poultry use only;

(f) For pig and poultry use only;

(g) For ........................................... use only.

(name of non-ruminant species)

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.

(3)  A person must not feed mammalian material, meal containing mammalian material or compounded feed containing mammalian material to a ruminant.

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.

(4)  Subregulation (3) does not apply to a person who, with the consent in writing of the Chief Veterinary Officer, feeds to a ruminant for research purposes –

(a) mammalian material; or

(b) meal or compounded feed containing mammalian material.

10C.   Supply by manufacturers of meal or compounded feed

(1)  A manufacturer of meal or compounded feed must not supply the meal or feed in bulk to another person except where the invoice or other document relating to the supply contains –

(a) if the meal or feed contains mammalian material, one or more of the following statements:

(i) This product contains mammalian material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS;

(ii) This product contains mammalian material – DO NOT FEED TO RUMINANTS;

(iii) DO NOT FEED TO RUMINANTS;

(iv) For pig use only;

(v) For poultry use only;

(vi) For pig and poultry use only;

(vii) For ....................................... use only; or

(name of non-ruminant species)

(b) if the meal or feed does not contain mammalian material, one or more of the following statements:

(i) This product does not contain mammalian material;

(ii) For pig use only;

(iii) For poultry use only;

(iv) For pig and poultry use only;

(v) For ...................................... use only.

(name of species)

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.

(2)  A manufacturer of meal or compounded feed must not supply the meal or feed in bags to another person except where the bag, a label on the bag or a tag firmly attached to the bag contains –

(a) if the meal or feed contains mammalian material, one or more of the following statements:

(i) This product contains mammalian material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS;

(ii) This product contains mammalian material – DO NOT FEED TO RUMINANTS;

(iii) DO NOT FEED TO RUMINANTS;

(iv) For pig use only;

(v) For poultry use only;

(vi) For pig and poultry use only;

(vii) For ................................... use only; or

(name of non-ruminant species)

(b) if the meal or feed does not contain mammalian material, one or more of the following statements:

(i) This product does not contain mammalian material;

(ii) For pig use only;

(iii) For poultry use only;

(iv) For pig and poultry use only;

(v) For ...................................... use only.

(name of species)

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.

10D.   Sale of meal or compounded feed

(1)  A person must not sell meal or compounded feed in bulk except where the invoice or other document relating to the sale contains –

(a) if the meal or feed contains mammalian material, one or more of the following statements:

(i) This product contains mammalian material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS;

(ii) This product contains mammalian material – DO NOT FEED TO RUMINANTS;

(iii) DO NOT FEED TO RUMINANTS;

(iv) For pig use only;

(v) For poultry use only;

(vi) For pig and poultry use only;

(vii) For ...................................... use only; or

(name of non-ruminant species)

(b) if the meal or feed does not contain mammalian material, one or more of the following statements:

(i) This product does not contain mammalian material;

(ii) For pig use only;

(iii) For poultry use only;

(iv) For pig and poultry use only;

(v) For .................................... use only.

(name of species)

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.

(2)  A person must not sell bagged meal or bagged compounded feed except where the bag, a label on the bag or a tag firmly attached to the bag contains –

(a) if the meal or feed contains mammalian material, one or more of the following statements:

(i) This product contains mammalian material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS;

(ii) This product contains mammalian material – DO NOT FEED TO RUMINANTS;

(iii) DO NOT FEED TO RUMINANTS;

(iv) For pig use only;

(v) For poultry use only;

(vi) For pig and poultry use only;

(vii) For ..................................... use only; or

(name of non-ruminant species)

(b) if the meal or feed does not contain mammalian material, one or more of the following statements:

(i) This product does not contain mammalian material;

(ii) For pig use only;

(iii) For poultry use only;

(iv) For pig and poultry use only;

(v) For ...................................... use only.

(name of species)

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.

10DA.   Rendering and compounded feed manufacturing operations

(1)  A person who renders animal material in order to produce meals that contain mammalian material and meals that do not contain mammalian material must –

(a) ensure that the equipment and facilities used for the production and packaging of the meals that contain mammalian material are not also used for the production and packaging of the meals that do not contain mammalian material; or

(b) ensure, by clean-out procedures or other means, that mammalian material is not put into meals intended for ruminant feeding.

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.

(2)  A person who compounds animal feeds in order to produce feeds that contain mammalian material and feeds that do not contain mammalian material must–

(a) ensure that the equipment and facilities used for the production and packaging of the feeds that contain mammalian material are not also used for the production and packaging of the feeds that do not contain mammalian material; or

(b) ensure, by clean-out procedures or other means, that mammalian material is not put into animal feeds intended for ruminants.

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.

8.    Regulation 10F amended (Label or tag not to be removed from bag)

The penalty under regulation 10F of the Principal Regulations is amended by omitting "200 penalty units or imprisonment for a term not exceeding 6 months, or both" and substituting "5 penalty units".

9.    Regulation 10G amended (Obscuring statement)

The penalty under regulation 10G of the Principal Regulations is amended by omitting "200 penalty units or imprisonment for a term not exceeding 6 months, or both" and substituting "5 penalty units".

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 8 December 1999

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) imposing labelling and invoicing controls on persons who sell or supply certain compounded feeds or meal, whether bagged or in bulk, as a precaution against mammalian material being fed to ruminants; and

(b) prohibiting the feeding of mammalian material to ruminants for other than approved research purposes; and

(c) imposing controls on persons who render animal material to produce compounded feeds or meal to ensure that mammalian material does not contaminate equipment and facilities used for other purposes and is not put into meal or feeds intended for ruminants; and

(d) adjusting penalties by way of statute law revision.