54Direction to recall product

54 Direction to recall product (1) The Minister may direct in writing a manufacturer or wholesale distributor: (a) to withdraw a chemical product, fertiliser or stockfood from sale, either immediately or within the time specified in the direction; (b) to take the action specified in the direction to recover all supplies of the chemical product, fertiliser or stockfood from persons to whom it was supplied by the manufacturer or wholesale distributor; (c) to deal with the supplies recovered and any other supplies of the chemical product, fertiliser or stockfood in the manufacturer's or distributor's possession in the manner specified in the notice; and (d) to report in writing to the Chemicals Coordinator about action taken under paragraph (b) and dealings under paragraph (c). (2) A manufacturer or wholesale distributor who contravenes a direction given under subsection (1) commits an offence. (3) The Minister may only give a direction under subsection (1)(a), (b) or (c) if satisfied that it is necessary to protect: (a) the health of the general public or the users of the chemical product, fertiliser or stockfood; (b) the environment; or (c) domestic or export trade in agricultural produce. (4) A reference in this section to a chemical product, fertiliser or stockfood includes a reference to a class of chemical products, fertilisers or stockfoods.

Agricultural and Veterinary Chemicals (Control of Use) Act 2004 41