Animal Health Amendment Regulations 2001


Tasmanian Crest
Animal Health Amendment Regulations 2001

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 .

17 December 2001

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 2001 .

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 the definition of compounded feed ;
(b) by omitting the definitions of meal and mammalian material and substituting the following definitions:
manufactured animal feed means manufactured animal feed, other than hay or chaff, used or intended to be used as food for animals;
meal means meal made from material derived from –
(a) an animal product; or
(b) a plant;
restricted animal material means an animal product, or meal made from an animal product, derived from a bird, mammal or fish;
tallow includes oil or fat derived from a bird, mammal or fish.

5.    Regulations 6 and 7 rescinded

Regulations 6 and 7 of the Principal Regulations are rescinded.

6.    Regulation 10 amended (Record to be kept of artificial breeding)

Regulation 10(1)(c) of the Principal Regulations is amended by omitting "cows inseminated or impregnated on that day and the number of cows" and substituting "animals inseminated or impregnated on that day and the number of animals".

7.    Part 3A: Heading amended

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

8.    Regulation 10A amended (Application of Part 3A )

Regulation 10A of the Principal Regulations is amended as follows:
(a) by omitting paragraph (e) ;
(b) by omitting from paragraph (f) "protein; or" and substituting "protein.";
(c) by omitting paragraphs (g) and (h) .

9.    Regulations 10B , 10C , 10D and 10DA substituted

Regulations 10B , 10C , 10D and 10DA of the Principal Regulations are rescinded and the following regulations are substituted:

10B.   Person not to sell manufactured animal feed without relevant statement

(1)  A person must not sell bulk manufactured animal feed containing restricted animal material to another person unless the invoice or other document relating to the sale contains the statement, "This product contains restricted animal material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER 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.
(2)  A person must not sell bulk manufactured animal feed not containing restricted animal material to another person unless the invoice or other document relating to the sale contains the statement, "This product does not contain restricted animal material".
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 sell bagged manufactured animal feed containing restricted animal material to another person unless the bag, a label on the bag or a tag attached to the bag contains the statement, "This product contains restricted animal material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER 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.
(4)  A person must not sell bagged manufactured animal feed not containing restricted animal material to another person except where the bag, a label on the bag or a tag attached to the bag contains the statement, "This product does not contain restricted animal material".
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.

10C.   Person not to feed restricted animal material to ruminants

(1)  A person must not feed restricted animal material or manufactured animal feed containing restricted animal 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.
(2)  Subregulation (1) does not apply to a person who for research purposes, with the written consent of the Chief Veterinary Officer, feeds a ruminant –
(a) restricted animal material; or
(b) manufactured animal feed containing restricted animal material.
(3)  A person must not feed bulk manufactured animal feed to a ruminant if the invoice or other document relating to the purchase of the feed contains the statement, "This product contains restricted animal material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER 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.
(4)  A person must not feed bagged manufactured animal feed to a ruminant if the bag, a label on the bag or a tag attached to the bag contains the statement, "This product contains restricted animal material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER 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.

10D.   Producing or packaging animal products

(1)  A person who produces or packages meal containing restricted animal material and meal not intended to comprise restricted animal material must ensure that –
(a) the equipment and facilities used for the production or packaging of the meal containing restricted animal material are not also used for the production or packaging of meal not intended to comprise restricted animal material; or
(b) any meal not intended to comprise restricted animal material is not contaminated by any –
(i) restricted animal material; or
(ii) meal containing restricted animal material.
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 produces or packages manufactured animal feed containing restricted animal material and manufactured animal feed not intended to comprise restricted animal material must ensure that –
(a) the equipment and facilities used for the production or packaging of the manufactured animal feed containing restricted animal material are not also used for the production or packaging of the manufactured animal feed not intended to comprise restricted animal material; or
(b) any manufactured animal feed not intended to comprise restricted animal material is not contaminated by any –
(i) restricted animal material; or
(ii) manufactured animal feed containing restricted animal material.
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.

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

Regulation 10F of the Principal Regulations is amended by omitting "compounded feed" and substituting "manufactured animal feed".

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

Notified in the Gazette on 26 December 2001

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Animal Health Regulations 1996  –
(a) to comply with a decision of the Agricultural and Resource Management Council of Australia and New Zealand in relation to the feeding of certain mammalian material to animals; and
(b) by rescinding certain provisions relating to artificial breeding.