You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (1999 - 80)
Skip contents
Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 24 June 2017 at 00:06)
Part 7
Part 7 Control of prohibited residues in agricultural produce
63   Definitions
(1)  In this Part:
agricultural produce means any produce that:
(a)  is, or may become, capable of being used as food for any form of life, and
(b)  is prescribed by the regulations,
but does not include any produce that is the result of a manufacturing process.
metabolite, in relation to a pesticide, includes any substance resulting from the breakdown, conversion or reaction of the pesticide.
pesticide residue, in relation to agricultural produce, means any substance or organism (including a pesticide or any metabolite of a pesticide) that is present in or on the produce as a result of the use of a pesticide or contact between a pesticide and the produce.
(2)  For the purposes of this Part, agricultural produce contains a prohibited residue when:
(a)  a concentration of a prescribed substance that is in excess of the maximum permissible concentration of that substance prescribed by the regulations in respect of the produce is present in or on the produce, or
(b)  any concentration of a pesticide residue is present in or on the produce and a maximum permissible concentration for that pesticide residue has not been prescribed by the regulations in respect of the produce.
(3)  If the regulations prescribe the method by which the concentration of any relevant substance or pesticide residue is to be ascertained, the concentration of the relevant substance or pesticide residue is, for the purposes of this Part, to be the concentration ascertained by the use of that method.
(4)  For the purposes of this Part, if the quantity of any agricultural produce is to be specified, described or prescribed, it may be specified, described or prescribed by reference to its weight or volume, any container in which it is situated, or the premises on which it is situated.
64   Prohibited residue notices
(1)  If an authorised officer reasonably suspects that any agricultural produce contains a prohibited residue, the authorised officer may, with the approval of the Environment Protection Authority, serve a notice in the form approved by that Authority on:
(a)  the owner of the produce, or
(a1)  a person involved in growing or supplying the produce, or
(b)  the occupier of the premises in or on which the produce is situated, or
(c)  the person who appears to the authorised officer to be the person in charge of any premises in or on which the produce is situated.
(2)  A notice served under this section in relation to any agricultural produce:
(a)  must:
(i)  describe the produce, and
(ii)  describe where the produce is situated at the time of service of the notice, and
(iii)  specify or describe the quantity of the produce, and
(iv)  specify the expiry date of the notice, being a date occurring not more than 14 days after the date of service of the notice, and
(b)  may contain provisions requiring any person on whom it is to be served and who has possession or control of the agricultural produce:
(i)  not to part with possession or control of the produce, or
(ii)  to retain the produce at the premises on which it is situated at the time the notice is served or on premises that are under the control of that person (or another person specified in the notice) where the produce will, in the opinion of the authorised officer, least endanger the health of the public or of any person, or
(iii)  to deal with the produce or to do anything in relation to the produce (other than requiring the destruction of the produce) in accordance with the directions set out in the notice, being directions that are reasonably necessary for the preservation of the health of the public or of any person, or
(iv)  to report on and monitor prohibited residue in the produce in accordance with procedures specified in the regulations, or
(v)  to arrange for analysis to be undertaken, at the person’s own cost, by an appropriately qualified laboratory of prohibited residue in the produce and to report the findings to the Authority.
(3)  The Environment Protection Authority or any authorised officer may revoke a notice served under this section by giving notice of its revocation to the person on whom it was served.
(4)  A notice issued under this section in relation to any agricultural produce is in force from the time of service of the notice until the expiry date specified in the notice unless it is sooner revoked:
(a)  by service of an order made by the Minister under section 65 in relation to the whole or any part of the produce, or
(b)  by the Environment Protection Authority or an authorised officer under subsection (3).
(5)  While a notice under this section is in force, the person on whom it was served must not fail to comply with any requirement of the notice that is applicable to the person.
Maximum penalty:
(a)  $120,000 in the case of a corporation, or
(b)  $60,000 in the case of an individual.
65   Prohibited residue orders
(1)  The Minister may:
(a)  make an order under this section in respect of the whole or part of any agricultural produce that is specified or described in a notice that has been served under section 64, and
(b)  cause the order to be served as provided by subsection (4) (a).
(2)  An order made and served under this section in relation to any agricultural produce:
(a)  must:
(i)  describe the name of the produce, and
(ii)  describe where the produce was situated at the time of service of the notice under section 64 in respect of which the order is made, and
(iii)  specify or describe the quantity of the produce, and
(iv)  specify the date on which the order is made, and
(v)  specify the expiry date of the order, being a date occurring not more than 6 months after the date on which the order is made, and
(b)  may contain provisions requiring any person on whom it is to be served and who has possession or control of the produce:
(i)  not to part with possession or control of the produce, or
(ii)  to retain the produce in or on the premises specified in the order and that are under the control of that person, or
(iii)  to deal with the produce or to do anything in relation to the produce in accordance with the directions set out in the order, being directions that are reasonably necessary for the preservation of the health of the public or of any person, or
(iv)  subject to subsection (3), within a time specified in the order, to destroy the produce in a manner described in the order or in accordance with the directions of an authorised officer, or
(v)  to report on and monitor prohibited residue in the produce in accordance with procedures specified in the regulations, or
(vi)  to arrange for analysis to be undertaken, at the person’s own cost, by an appropriately qualified laboratory of prohibited residue in the produce and to report the findings to the Authority.
(3)  The Minister may not cause an order under this section to be served, being an order requiring the destruction of a quantity of agricultural produce, unless:
(a)  at the time the Minister made the order, the Minister was satisfied that:
(i)  at least one sample of the produce from each prescribed portion of the quantity of produce contains a prohibited residue, or
(ii)  if the quantity of the produce is less than or equal to the prescribed portion in relation to the produce, at least one sample of the produce contains a prohibited residue, and
(b)  the requirement to destroy the agricultural produce does not take effect before 90 days after the date of service of the order, and
(c)  the Minister is of the opinion that there is no reasonable likelihood of the agricultural produce ceasing to contain a prohibited residue within the period of 3 years following the date on which the Minister made the order.
(4)  An order made under this section:
(a)  may be served on:
(i)  the owner of the agricultural produce in relation to which it was made, or
(ii)  a person involved in growing or supplying the agricultural produce in relation to which it was made, or
(iii)  the occupier of any premises on which the produce is situated at the time of service of the order, and
(b)  remains in force from the time it is served until the expiry date specified in the order, unless it is sooner revoked by the Minister, and
(c)  revokes any notice issued under section 64 that relates to the agricultural produce to which the order relates.
(5)  If an order under this section is in force, the person on whom it was served must not fail to comply with any requirement of the order that is applicable to the person.
Maximum penalty:
(a)  $120,000 in the case of a corporation, or
(b)  $60,000 in the case of an individual.
Note.
 An offence against subsection (5) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
(6)  In this section:
prescribed portion, in relation to a quantity of agricultural produce, means:
(a)  if the quantity is specified or described in the order by reference to its weight—50 tonnes, or
(b)  if the quantity is specified or described in the order by reference to its volume:
(i)  if the produce is not in liquid form—100 cubic metres, or
(ii)  if the produce is in liquid form—5,000 litres, or
(c)  if the quantity is specified or described in the order by reference to the premises on which it is situated—150 hectares, or
(d)  such smaller portion as may be prescribed by the regulations in relation to the produce.
66   Destruction of agricultural produce by authorised officer in default
(1)  If a person fails to comply with a requirement of an order under section 65 to destroy any agricultural produce, the Environment Protection Authority may authorise an authorised officer to destroy the produce.
(2)  The authorised officer may:
(a)  comply with the requirement to destroy the agricultural produce as if the authorised officer were the person to whom the requirement relates, and
(b)  for the purpose of complying with that requirement, enter any premises on which the agricultural produce to which the requirement relates is situated.
(3)  Any expenses incurred by an authorised officer under this section may be recovered as a debt due to the Crown by the person to whom the requirement relates.