Version No. 001
Stock (Hormonal Growth Promotants Status Declarations) Regulations 1994
S.R. No. 66/1994
Version as at 21 July 1998
table of provisions
Regulation Page
ii
Regulation Page
1. Objectives 1
2. Authorising provision 1
3. Definitions 1
4. Conditions, times and damages for the purposes of Part 3 2
5. Stock sold in lots to be treated as a whole 2
6. Ongoing declarations 2
7. Identification of stock sold under an ongoing declaration 3
8. One-off declarations 3
9. Restrictions on who may make HGP declarations 4
10. Requirements concerning the use of HGP tags 4
11. Sellers must ensure buyers given written confirmation of HGP status of stock 4
12. The effect of finding HGP implant remnants 5
13. Certificate of non-compliance with a declaration 5
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SCHEDULES 7
SCHEDULE 1—Ongoing Declaration that Stock have Never been Treated with HGP 7
SCHEDULE 2—Notice of Withdrawal of an Ongoing Declaration 8
SCHEDULE 3—One-off Declaration that Stock have Never been
Treated with HGP 9
SCHEDULE 4—Endorsement of Invoice or Receipt 'HGP Free' 10
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ENDNOTES 11
1. General Information 11
2. Table of Amendments 12
3. Explanatory Details 13
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Version No. 001
Stock (Hormonal Growth Promotants Status Declarations) Regulations 1994
S.R. No. 66/1994
Version as at 21 July 1998
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S.R. No. 66/1994
Stock (Hormonal Growth Promotants Status Declarations) Regulations 1994
1. Objectives
The objectives of these Regulations are—
(a) to provide a framework for a system of voluntary declarations relating to the hormonal growth promotants status of stock by sellers of stock to buyers of stock; and
(b) to prescribe forms for the purposes of the Act.
2. Authorising provision
These Regulations are made under section 38 of the Stock (Seller Liability and Declarations) Act 1993.
3. Definitions
In these Regulations—
"Act" means the Stock (Seller Liability and Declarations) Act 1993;
"HGP" (hormonal growth promotants) means any veterinary chemical preparation as defined in the Agricultural and Veterinary Chemicals Act 1992 containing oestrogenic, androgenic or gestagenic activity to enhance growth or production in bovines and bubalines.
4. Conditions, times and damages for the purposes of Part 3
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(1) For the purposes of Part 3 of the Act, an ongoing or one-off declaration may be made declaring that stock have never been treated with HGP at any period of their lives.
(2) For the purposes of section 13(1)(b) of the Act, the certificate that stock have been treated with HGP must be obtained within 7 days of the sale of the stock.
(3) For the purposes of section 13(2) of the Act, the amount of damages payable for stock that have been treated with HGP is the amount for which the stock was sold, or $50 for each head of stock in the lot, whichever is the lower amount.
5. Stock sold in lots to be treated as a whole
For the purposes of section 13 of the Act, if stock was sold as part of a lot and any of that stock, or any of the carcasses or products derived from the carcasses of that stock, is found to have been treated with HGP, for the purposes of any relevant ongoing or one-off declaration that applies to that stock, all the other stock in the lot (or their carcasses or products, as the case may be) are to be regard as being in that state.
6. Ongoing declarations
(1) An ongoing declaration that stock have never been treated with HGP at any period of their lives must be made in the form of Schedule 1.
(2) A person who has made an ongoing declaration must ensure that stock is not sold under the declaration during any period in which any fee payable to the Secretary of the Department in respect of the declaration remains unpaid.
Penalty: 10 penalty units.
(3) A notice of withdrawal of an ongoing declaration must be made in the form of Schedule 2.
7. Identification of stock sold under an ongoing declaration
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(1) A person who sells stock that is the subject of an ongoing declaration referred to in regulation 6(1) must ensure that each head of stock is identified by an approved pink ear or tail tag marked "HGP Free".
(2) A person must not place an ear or tail tag referred to in sub-regulation (1) on any stock unless the stock has never been treated with HGP at any period of its life.
(3) A person must not sell any stock that is identified in the way set out in sub-regulation (1) unless the stock is sold under an ongoing declaration.
(4) A person must not possess any ear or tail tag referred to in sub-regulation (1) unless the person obtained possession of the tag—
(a) under authorisation from the Secretary of the Department (or a delegate of the Secretary); or
(b) by removing it from stock the person bought.
Penalty: 10 penalty units.
8. One-off declarations
(1) A person may only make a one-off declaration in respect of stock that are not required to be identified under the Stock Diseases Act 1968 with an approved tail or ear tag.
(2) The one-off declaration must be in the form of Schedule 3.
9. Restrictions on who may make HGP declarations
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Only a person who is responsible for the husbandry of particular stock and has knowledge of the HGP status of those stock from birth may make an ongoing or one-off declaration that those stock have never been treated with HGP at any period of their lives.
10. Requirements concerning the use of HGP tags
(1) The Secretary of the Department may only authorise the issue of tags with the words "HGP Free" to the person responsible for the husbandry of the stock in respect of which the tags are issued.
(2) The Secretary may only authorise the issue of tags with the words "HGP Free" if the person to whom they are to be issued has made an ongoing declaration that has been registered by the Secretary.
(3) Sub-regulation (1) does not prevent the Secretary from issuing tags with the words "HGP Free" in respect of stock which is not in existence at the time the tags are issued.
11. Sellers must ensure buyers given written confirmation of HGP status of stock
(1) If stock that is the subject of an ongoing or one-off declaration is sold, but is not going for immediate slaughter, the person who deals directly with the buyer or the buyer's agent must ensure that the buyer or the buyer's agent is given an invoice or receipt that has written on it an endorsement in the form of Schedule 4.
(2) An endorsement in the form of Schedule 4 with the words 'HGP Free' means that the stock listed in the invoice in respect of which the receipt is issued were identified with pink tags marked 'HGP Free' or were identified with pink paint on the tail butt and were accompanied by a one-off declaration.
(3) For the purpose of removing doubt, sub-section (1) applies to a person acting on behalf of a person who has made a declaration.
(4) A person who deals with the buyer must not provide an endorsement in the form of Schedule 4 if the stock described in the invoice was not presented for sale with the approved tags or pink paint on the tail butt.
(5) A person who deals with the buyer must not place information which the person knows, or ought to know, is incorrect in an endorsement.
Penalty: 10 penalty units.
12. The effect of finding HGP implant remnants
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If the inspection of any stock reveals—
(a) an ear punch mark in the form of an equilateral triangle with sides of 20millimetres; or
(b) any remnant of a HGP implant or marker—
in the stock, the stock is to be regarded as having been treated with HGP for the purposes of these Regulations and Part 3 of the Act.
13. Certificate of non-compliance with a declaration
A certificate supplied under section 13(1)(b) of the Act certifying that stock has been treated with HGP must contain the following information—
(a) the date the fact that the stock had been treated with HGP was detected;
(b) the premises where the detection was made;
(c) the number of stock at those premises on the date of detection bearing pink ear or tail tags with the same property identification number as the stock identified as having been treated with HGP;
(d) a description of the stock;
(e) how it was determined that the stock had been treated with HGP (including if applicable, where a HGP implant or marker was found);
(f) the ear or tail tag information of the stock including the property identification and serial numbers and whether the declaration was an ongoing or one-off declaration;
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(g) the name, occupation and signature of the person supplying the certificate.
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SCHEDULES
SCHEDULE 1
Sch. 1
Stock (Seller Liability and Declarations) Act 1993
Stock (Hormonal Growth Promotants Status Declarations) Regulations 1994
Ongoing Declaration that Stock have Never been Treated with HGP
I (insert name) declare:
(1) that all the stock consigned for sale or slaughter by me in the period between and that are identified with pink 'HGP Free' ear or tail tags carrying the property identification number
will never have been treated with a HGP at any period in their lives; and
(2) that I am responsible for the husbandry of those stock; and
(3) that I have knowledge of the HGP status of the stock from birth.
Signed Date
NOTE: This declaration has no effect until it is registered with the Secretary of the Department of Agriculture.
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SCHEDULE 2
Sch. 2
Stock (Seller Liability and Declarations) Act 1993
Stock (Hormonal Growth Promotants Status Declarations) Regulations 1994
Notice of Withdrawal of an Ongoing Declaration
To: The Secretary
Department of Agriculture.
I (insert name) give notice under section 14 of the Stock (Seller Liability and Declarations) Act 1993 that I withdraw the ongoing declaration made by me on
Signed Date
NOTE: This notice of withdrawal has no effect until it is registered with the Secretary of the Department of Agriculture.
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SCHEDULE 3
Sch. 3
Stock (Seller Liability and Declarations) Act 1993
Stock (Hormonal Growth Promotants Status Declarations) Regulations 1994
One-off Declaration that Stock have Never been Treated with HGP
I (insert name) declare:
(1) that the stock described below are not required by the Stock Diseases Act 1968 to be identified with an approved ear or tail tag and have never been treated with a HGP at any period of their lives; and
(2) that I am responsible for the husbandry of those stock; and
(3) that I have knowledge of the HGP status of the stock from birth.
Breed:
Sex/Age:
Number of stock:
Signed Date
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SCHEDULE 4
Sch. 4
Stock (Seller Liability and Declarations) Act 1993
Stock (Hormonal Growth Promotants Status Declarations) Regulations 1994
Endorsement of Invoice or Receipt
'HGP Free'
Name and address of seller:
OR Property identification number of seller:
Date of sale:
Number of stock:
Breed:
Sex/age eg calf, vealer, steer, cow, bull, heifer or bullock.
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ENDNOTES
1. General Information
Endnotes
The Stock (Hormonal Growth Promotants Status Declarations) Regulations 1994, S.R.No.66/1994 were made on 24 May 1994 by the Governor in Council under section 38 of the Stock (Seller Liability and Declarations) Act 1993, No.113/1993 and came into operation on 24 May 1994.
The Stock (Hormonal Growth Promotants Status Declarations) Regulations 1994 will sunset 10 years after the day of making on 24 May 2004 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
Endnotes
There are no amendments made to the Stock (Hormonal Growth Promotants Status Declarations) Regulations 1994 by statutory rules, subordinate instruments and Acts.
3. Explanatory Details
Endnotes
No entries at date of publication.
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