Stock Medicines Regulation 2010

Stock Medicines Regulation 2010 [2010-452] New South Wales Status information Currency of version Current version for 1 July 2017 to date (accessed 29 June 2019 at 01:06) Legislation on this site is usually updated within 3 working days after a change to the legislation. Provisions in force The provisions displayed in this version of the legislation have all commenced. See Historical Notes Staged repeal status This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2019 Authorisation This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987. File last modified 10 August 2018. Published by NSW Parliamentary Counsel’s Office on www.legislation.nsw.gov.au Page 1 of 7 https://www.legislation.nsw.gov.au/*/view/act/1989/146 https://www.legislation.nsw.gov.au/*/view/act/1987/15/part6a/sec45c Stock Medicines Regulation 2010 [2010-452] New South Wales Contents 1 Name of Regulation 2 Commencement 3 Definitions 4 Use of stock food that has been treated with stock medicine 5 Major food producing species 6 Records to be kept by veterinary practitioners 7 Advertising 8 Taking of samples 9 Penalty notices 10 Savings Schedule 1 Penalty notices Historical notes Stock Medicines Regulation 2010 [NSW] Current version for 1 July 2017 to date (accessed 29 June 2019 at 01:06) Page 2 of 7 Stock Medicines Regulation 2010 New South Wales 1 Name of Regulation This Regulation is the Stock Medicines Regulation 2010. 2 Commencement This Regulation commences on 1 September 2010 and is required to be published on the NSW legislation website. Note. This Regulation replaces the Stock Medicines Regulation 2005 which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989. 3 Definitions (1) In this Regulation: stock food has the same meaning as in the Biosecurity Act 2015. the Act means the Stock Medicines Act 1989. (2) Notes included in this Regulation do not form part of this Regulation. 4 Use of stock food that has been treated with stock medicine (1) A person who supplies stock food to another person, knowing that the food has been treated with a stock medicine: (a) must ensure that the person supplied is aware that the food has been so treated, and (b) must provide the person supplied with the written details concerning the use of the stock medicine that were obtained by the supplier when the supplier obtained the food or when the supplier obtained the stock medicine with which the food has been treated. (2) The written details must include details of the relevant withholding period (within the meaning of Part 5 of the Act) for the stock medicine. Maximum penalty: 50 penalty units. 5 Major food producing species For the purposes of the definition of major food producing species in section 3 (1) of the Act, the following types of stock are prescribed: (a) bees, Stock Medicines Regulation 2010 [NSW] Current version for 1 July 2017 to date (accessed 29 June 2019 at 01:06) Page 3 of 7 https://www.legislation.nsw.gov.au/*/view/regulation/2010/452 https://www.legislation.nsw.gov.au/*/view/regulation/2005/504 https://www.legislation.nsw.gov.au/*/view/act/1989/146 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/1989/182 (b) ducks, (c) farmed fish, farmed crustaceans and farmed molluscs, (d) geese, (e) goats, (f) turkeys. 6 Records to be kept by veterinary practitioners (1) For the purposes of section 39E of the Act, the following particulars are to be recorded by veterinary practitioners: (a) the date on which the use, supply or prescription of the stock medicine occurred, (b) details to identify the particular stock on which the stock medicine was used, (c) the name of the owner of the stock or the person in charge of the stock, (d) particulars to identify the stock medicine, (e) the name of the active constituent of the stock medicine, (f) the type of stock for which the stock medicine is intended, (g) the withholding period (including that there was no withholding period if the veterinary practitioner considered none was required), (h) the dosage rate, (i) the frequency of treatment, (j) the length of treatment, (k) the manner of administration. (2) The records required by section 39E of the Act must be retained by the veterinary practitioner for a period of not less than 2 years from the date on which the use, supply or prescription of the stock medicine occurred. Note. Section 39E of the Act requires certain records to be kept by a veterinary practitioner in accordance with the regulations. The maximum penalty for a failure to keep records in accordance with the regulations is 100 penalty units. 7 Advertising (1) This clause applies to any stock medicine containing a substance included in Schedule Three, Four or Eight of the Poisons List proclaimed under section 8 of the Poisons and Therapeutic Goods Act 1966. (2) For the purposes of section 43 (1) of the Act, a person must not advertise a stock medicine to which this clause applies otherwise than in a journal whose circulation is generally limited to, or Stock Medicines Regulation 2010 [NSW] Current version for 1 July 2017 to date (accessed 29 June 2019 at 01:06) Page 4 of 7 https://www.legislation.nsw.gov.au/*/view/act/1966/31 https://www.legislation.nsw.gov.au/*/view/act/1966/31 in a document intended for distribution exclusively to, veterinary practitioners, pharmacists or wholesalers of stock medicines. Note. Section 43 (1) of the Act provides that a person must not contravene any prohibition or requirement made by the regulations relating to the advertising of stock medicines or their uses. The maximum penalty for a failure to comply with any such prohibition or requirement is 200 penalty units, or 400 penalty units if the offence is committed by a corporation. 8 Taking of samples (1) For the purposes of section 50 (5) of the Act, an inspector may deliver a package containing a sample to an analyst by any means that provides evidence of a chain of custody. (2) For the purposes of section 50 (6) of the Act, the package kept by an inspector must be kept: (a) in the possession of the inspector, or (b) in a place to which only the inspector, and persons authorised by the inspector, have access, until such time as the inspector determines that the package is no longer required to be kept. 9 Penalty notices For the purposes of section 60A of the Act: (a) each offence arising under a provision specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence, and (b) the prescribed penalty for such an offence is: (i) in the case of a penalty payable by an individual—the amount specified in relation to the offence in Column 2 of Schedule 1, and (ii) in the case of a penalty payable by a corporation—the amount specified in relation to the offence in Column 3 of Schedule 1. 10 Savings Any act, matter or thing that, immediately before the repeal of the Stock Medicines Regulation 2005, had effect under that Regulation continues to have effect under this Regulation. Schedule 1 Penalty notices (Clause 9) Column 1 Column 2 Column 3 Provision Penalty for an individual $ Penalty for a corporation $ Offence under the Act Section 37 (1) 1,100 2,200 Section 38 (1) 1,100 2,200 Section 39 (1) 1,100 2,200 Stock Medicines Regulation 2010 [NSW] Current version for 1 July 2017 to date (accessed 29 June 2019 at 01:06) Page 5 of 7 https://www.legislation.nsw.gov.au/*/view/regulation/2005/504 Section 39C (1) 550 1,100 Section 39C (2) 550 1,100 Section 39C (3) 550 1,100 Section 39D (1) 1,100 2,200 Section 39E 550 1,100 Section 39F 550 1,100 Section 40 (2) 1,100 2,200 Section 40A (1) 1,100 2,200 Section 40A (1A) 1,100 2,200 Section 40A (2) 1,100 2,200 Section 40B (1) 1,100 2,200 Section 43 (1) 1,100 2,200 Section 46 (6) 1,100 2,200 Section 54 (2) 550 1,100 Offence under this Regulation Clause 4 (1) 550 1,100 Stock Medicines Regulation 2010 [NSW] Current version for 1 July 2017 to date (accessed 29 June 2019 at 01:06) Page 6 of 7 Historical notes The following abbreviations are used in the Historical notes: Am amended LW legislation website Sch Schedule Cl clause No number Schs Schedules Cll clauses p page Sec section Div Division pp pages Secs sections Divs Divisions Reg Regulation Subdiv Subdivision GG Government Gazette Regs Regulations Subdivs Subdivisions Ins inserted Rep repealed Subst substituted Table of amending instruments Stock Medicines Regulation 2010 (452). LW 20.8.2010. Date of commencement, 1.9.2010, cl 2. This Regulation has been amended as follows: 2015 No 24 Biosecurity Act 2015. Assented to 22.9.2015. Date of commencement of Sch 8.37, 1.7.2017, sec 2 and 2017 (227) LW 2.6.2017. Table of amendments Cl 3 Am 2015 No 24, Sch 8.37. Stock Medicines Regulation 2010 [NSW] Current version for 1 July 2017 to date (accessed 29 June 2019 at 01:06) Page 7 of 7 https://www.legislation.nsw.gov.au/*/view/regulation/2010/452 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24 https://www.legislation.nsw.gov.au/*/view/act/2015/24