Animal Health Regulations 1996

Animal Health Regulations 1996

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 section 105 of the Animal Health Act 1995 .

G. S. M. GREEN

Governor

By His Excellency's Command,

B. BONDE

Minister for Primary Industry and Fisheries

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Animal Health Regulations 1996 .

2.   Commencement

These regulations take effect on the day proclaimed under section 2 of the Animal Health Act 1995 .

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Animal Health Act 1995 ;

[Regulation 3 Amended by S.R. 1996, No. 186, Applied:25 Dec 1996] bag means any container or package;

comply with includes not contravene;

[Regulation 3 Amended by S.R. 1996, No. 186, Applied:25 Dec 1996]

[Regulation 3 Amended by S.R. 1996, No. 186, Applied:25 Dec 1996] compounded feed means feed that includes material derived from an animal other than a bird or fish, whether or not it contains ruminant material;

[Regulation 3 Amended by S.R. 1996, No. 186, Applied:25 Dec 1996] meal means blood meal, meat meal, meat and bone meal, bone meal and any other meal made from material derived from an animal other than a bird or fish;

[Regulation 3 Amended by S.R. 1996, No. 186, Applied:25 Dec 1996] ruminant material means –

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

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

PART 2 - Infection and infected animals, &c.

4.   Exposure periods for infection

For the purposes of the definition of

infected in section 3(1) of the Act, the prescribed exposure period in respect of a disease specified in column 1 of Schedule 1 is the period specified in column 2 of that Schedule next to that disease.

5.   Authority to sell certain List B infected animals

A person is authorised to sell or give away an animal or animal material that the person knows or has reason to suspect is infected with one of the following List B diseases if the person has first advised the prospective purchaser or recipient that the person knows or has reason to suspect that the animal or animal material is infected with that disease:

(a) Johne's disease of cattle, camelids, deer and goats;

(b) ovine anthelmintic resistance (resistance to macrocylic lactones);

(c) ovine brucellosis;

(d) American foul brood;

(e) European foul brood.

5A.   Use of certain vaccines limited

[Regulation 5A Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996]

(1)  A person must not use on any animal a vaccine specified in Schedule 3 except where –

(a) the person has the written permission of the Chief Veterinary Officer and complies with any conditions specified in that permission; or

(b) the Chief Veterinary Officer has determined that the vaccine may be used and the person complies with any conditions specified in that determination.

Penalty:  Fine not exceeding 100 penalty units.

(2)  For the purposes of subregulation (1) , the Chief Veterinary Officer may –

(a) permit a person specified in the permission to use the vaccine specified in the permission; and

(b) determine, by notice in the Gazette, that a vaccine specified in the determination may be used despite it also being specified in Schedule 3 .

(3)  A permission under subregulation (1)(a) , or a determination under subregulation (1)(b) , is subject to any conditions specified in it.

PART 3 - Artificial breeding

6.   Animals to which Part 7 of the Act applies

Cattle is the prescribed class of animals to which Part 7 of the Act applies.

7.   Register of artificial breeders

(1)  The Chief Veterinary Officer must keep a register containing the names of all persons who carry on a business in artificial breeding.

(2)  The Chief Veterinary Officer must provide a copy of the register to a person who has requested it.

8.   Artificial Breeding Guidelines

The Chief Veterinary Officer may issue guidelines in respect of the regulation or prohibition of the carrying out of artificial breeding, artificial breeding procedures and any matter connected with artificial breeding (including the standard of premises and equipment used in artificial breeding procedures).

9.   Compliance with Artificial Breeding Guidelines

A person who carries on, or is engaged in, a business in artificial breeding must comply with any Artificial Breeding Guidelines issued under regulation 8 .

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.   Record to be kept of artificial breeding

(1)  A person who carries on a business in artificial breeding must make a record each day containing the following information:

(a) the identification (including batch number) and the quantity of any semen, embryos or ova received, used, on hand or discarded on that day;

(b) the name and address of the person who supplied any semen, embryos or ova on that day;

(c) the name and address of the owner of any cows inseminated or impregnated on that day and the number of cows inseminated or impregnated on that day for that owner.

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 carries on a business in artificial breeding must keep a record made under subregulation (1) for 2 years.

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)  If the Chief Veterinary Officer or an inspector requires, in writing, a person who carries on a business in artificial breeding to provide a copy of a record made under subregulation (1) to the Chief Veterinary Officer or an inspector, that person must so provide the copy at or within the time, and at the place, specified in the requirement.

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.

PART 3A - Ruminant material

10A.   Application of Part 3A

[Regulation 10A Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996] 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; and

(b) tallow; and

(c) meal or compounded feed manufactured before 1 January 1997.

10B.   Feeding of ruminant material

[Regulation 10B Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996]

(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 ruminant material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS;

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

(c) For pig use only;

(d) For poultry use only;

(e) For pig and poultry use only;

(f) For ............................................ use only

(name of non-ruminant species)

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

(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 ruminant material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS;

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

(c) For pig use only;

(d) For poultry use only;

(e) For pig and poultry use only;

(f) For ............................................ use only

(name of non-ruminant species)

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

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

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

(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) ruminant material; or

(b) meal or compounded feed containing ruminant material.

10C.   Supply by manufacturers of meal or compounded feed

[Regulation 10C Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996]

(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 ruminant material, one or more of the following statements:

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

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

(iii) For pig use only;

(iv) For poultry use only;

(v) For pig and poultry use only;

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

(name of non-ruminant species)

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

(i) This product does not contain ruminant material;

(ii) For pig use only;

(iii) For poultry use only;

(iv) For pig and poultry use only;

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

(name of non-ruminant species)

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

(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 ruminant material, one or more of the following statements:

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

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

(iii) For pig use only;

(iv) For poultry use only;

(v) For pig and poultry use only;

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

(name of non-ruminant species)

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

(i) This product does not contain ruminant material;

(ii) For pig use only;

(iii) For poultry use only;

(iv) For pig and poultry use only;

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

(name of non-ruminantspecies)

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

10D.   Sale of meal or compounded feed

[Regulation 10D Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996]

(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 ruminant material, one or more of the following statements:

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

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

(iii) For pig use only;

(iv) For poultry use only;

(v) For pig and poultry use only;

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

(name of non-ruminant species)

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

(i) This product does not contain ruminant material;

(ii) For pig use only;

(iii) For poultry use only;

(iv) For pig and poultry use only;

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

(name of non-ruminant species)

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

(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 ruminant material, one or more of the following statements:

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

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

(iii) For pig use only;

(iv) For poultry use only;

(v) For pig and poultry use only;

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

(name of non-ruminant species)

(b) if the meal or feed doesnot contain ruminant material, one or more of the following statements:

(i) This product does not contain ruminant material;

(ii) For pig use only;

(iii) For poultry use only;

(iv) For pig and poultry use only;

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

(name of non-ruminant species)

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

10E.   Size of statement

[Regulation 10E Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996]

(1)  A statement mentioned in this Part must –

(a) be of due prominence and in letters at least 3 millimetres high; and

(b) be in dark print on a light background.

(2)  A tag mentioned in this Part must measure at least 45 millimetres by 120 millimetres.

10F.   Label or tag not to be removed from bag

[Regulation 10F Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996] A person must not remove, or cause to be removed, a label or tag from a bag that contains meal or compounded feed.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

10G.   Obscuring statement

[Regulation 10G Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996] A person must not mark or deface an invoice or other document so as to obscure the statement it is required by this Part to contain.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

PART 4 - Miscellaneous

11.   Materials that are not swill

For the purposes of paragraph (e) of the definition of "swill" in section 3 of the Act, the following materials are exempted:

(a) meal;

(b) tallow.

12.   Appeals

(1)  An appeal under clause 9 of Schedule 1 to the Act is to be instituted by a notice of appeal lodged with the clerk of petty sessions.

(2)  A notice of appeal is to specify the parties to the appeal and the grounds giving rise to the appeal.

(3)  On the lodgment of a notice of appeal, the clerk of petty sessions must –

(a) cause a copy of the notice to be provided to the Chief Veterinary Officer; and

(b) notify the parties to the appeal, in writing, of the time and place at which the appeal is to be heard.

(4)  The magistrate hearing an appeal or a party to an appeal may summon a person to appear and give evidence at the hearing by causing that person to be served with a summons.

(5)  The magistrate hearing an appeal –

(a) may adjourn the hearing as the magistrate considers appropriate; and

(b) may inform himself or herself on any relevant matters in any manner he or she considers appropriate; and

(c) must proceed without undue formality; and

(d) is not bound by the rules of evidence.

(6)  The hearing of an appeal is to be open to the public.

(7)  A party to an appeal may be represented at the hearing of the appeal by another person (whether a legal practitioner or not).

(8)  For the purposes of this regulation, the Chief Veterinary Officer is taken to be a party to an appeal.

13.   Fees

The fees specified in Schedule 2 are prescribed for the matters specified in that Schedule.

SCHEDULE 1 - Exposure periods

Regulation 4

SCHEDULE 2 - Fees

Regulation 13

SCHEDULE 3 - Restricted vaccines

Regulation 5A

1.   Bovine Ephemeral Fever vaccine

2.   Tick Fever vaccine

3.   Johnin vaccine

4.   Brucella suis vaccine

5.   Brucella melitensis vaccine

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

Notified in the Gazette on 28 August 1996

These regulations are administered in the Department of Primary Industry and Fisheries.