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. 1999, No. 141, Applied:08 Dec 1999] [Regulation 3 Amended by S.R. 2001, No. 176, Applied:26 Dec 2001]

[Regulation 3 Amended by S.R. 2001, No. 176, Applied:26 Dec 2001] manufactured animal feed means manufactured animal feed, other than hay or chaff, used or intended to be used as food for animals;

[Regulation 3 Amended by S.R. 1996, No. 186, Applied:25 Dec 1996] [Regulation 3 Amended by S.R. 2001, No. 176, Applied:26 Dec 2001] meal means meal made from material derived from –

(a) an animal product; or

(b) a plant;

[Regulation 3 Amended by S.R. 2001, No. 176, Applied:26 Dec 2001] restricted animal material means an animal product, or meal made from an animal product, derived from a bird, mammal or fish;

[Regulation 3 Amended by S.R. 2001, No. 176, Applied:26 Dec 2001] tallow includes oil or fat derived from a bird, mammal or fish.

[Regulation 3 Amended by S.R. 1996, No. 186, Applied:25 Dec 1996] [Regulation 3 Amended by S.R. 1999, No. 141, Applied:08 Dec 1999]

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:  [Regulation 5A Subregulation (1) amended by S.R. 1999, No. 141, Applied:08 Dec 1999] 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)  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.   

7.   

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) [Regulation 10 Subregulation (1) amended by S.R. 2001, No. 176, Applied:26 Dec 2001] the name and address of the owner of any animals inseminated or impregnated on that day and the number of animals 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 - Restricted animal material

10A.   Application of Part 3A

[Regulation 10A Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996] [Regulation 10A Substituted by S.R. 1999, No. 141, Applied:08 Dec 1999] 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) [Regulation 10A Amended by S.R. 2001, No. 176, Applied:26 Dec 2001] .  .  .  .  .  .  .  .  

(f) [Regulation 10A Amended by S.R. 2001, No. 176, Applied:26 Dec 2001] milk or milk protein.

(g) [Regulation 10A Amended by S.R. 2001, No. 176, Applied:26 Dec 2001] .  .  .  .  .  .  .  .  

(h) [Regulation 10A Amended by S.R. 2001, No. 176, Applied:26 Dec 2001] .  .  .  .  .  .  .  .  

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

[Regulation 10B Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996] [Regulation 10B Substituted by S.R. 1999, No. 141, Applied:08 Dec 1999] [Regulation 10B Substituted by S.R. 2001, No. 176, Applied:26 Dec 2001]

(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

[Regulation 10C Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996] [Regulation 10C Substituted by S.R. 1999, No. 141, Applied:08 Dec 1999] [Regulation 10C Substituted by S.R. 2001, No. 176, Applied:26 Dec 2001]

(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

[Regulation 10D Inserted by S.R. 1996, No. 186, Applied:25 Dec 1996] [Regulation 10D Substituted by S.R. 1999, No. 141, Applied:08 Dec 1999] [Regulation 10D Substituted by S.R. 2001, No. 176, Applied:26 Dec 2001]

(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.

10DA.   

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] [Regulation 10F Amended by S.R. 2001, No. 176, Applied:26 Dec 2001] A person must not remove, or cause to be removed, a label or tag from a bag that contains meal or manufactured animal feed.

Penalty:  [Regulation 10F Amended by S.R. 1999, No. 141, Applied:08 Dec 1999] Fine not exceeding 5 penalty units.

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:  [Regulation 10G Amended by S.R. 1999, No. 141, Applied:08 Dec 1999] Fine not exceeding 5 penalty units.

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.   

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.