46Supply of chemical product—batch number or record of supply

#### 46 Supply of chemical product—batch number or record of supply (1) A person must not supply a chemical product unless: (a) the container for the product has attached to it a label containing a batch number, in a form approved by the APVMA, that enables the APVMA to identify the batch of that chemical product from which the contents of the container were taken; or (b) the person makes a record, in respect of the supply, in accordance with subregulation (2). Penalty: 10 penalty units. (2) For the purposes of paragraph (1)(b), a person who supplies a chemical product must make, as soon as practicable, a record: (a) in a form approved by the APVMA; and (b) in such a way as to ensure that the record is readily accessible for the purposes of Parts 9 and 9A of the Code (which deal with investigative powers and enforcement); and (c) including the following particulars: (i) the name and address of the person who supplied the product; (ii) the name and address of the person to whom the product was supplied; (iii) the date of supply; (iv) the quantity of the product supplied or, if the product is supplied as part of a mixture of chemical products, the quantity of the mixture of products supplied; (v) the identification number of the container in which the product was transported or stored for the purpose of supply or, if the container is a bulk tank, the location of the container; (vi) the distinguishing name of the product supplied or, if the product is supplied as part of a mixture of chemical products, the distinguishing name of each of those products; (vii) if the batch number of the product supplied or, if the product is supplied as part of a mixture of chemical products, the batch number of each of those products supplied, is known to the person who supplied the product—that batch number, or as the case requires, those batch numbers; (viii) if the product is supplied in a refillable container—the date on which the product was placed in the container. (3) A person who makes a record under subregulation (2) must keep the record for 3 years after it is made. Penalty: 10 penalty units. (4) It is a defence to a prosecution under subregulation (1) or (3) if the defendant has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code. (5) An offence under subregulation (1) or (3) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.