sec.16Agricultural produce etc. containing chemical residues not to be used etc.

sec.16 Agricultural produce etc. containing chemical residues not to be used etc.

The standards officer or an inspector may, by notice in writing given to a prescribed person, direct that person not to use, destroy, dispose of or otherwise deal with any prescribed substance to which the notice relates otherwise than as permitted (if at all) by the notice. Subsection (2) applies if the standards officer or an inspector suspects or believes on reasonable grounds that the cultivation of a plant in or on land, or the grazing or keeping of a trade species animal on land, would be likely to result in the residue of a chemical being present in or on a relevant thing in an amount more than the maximum residue limit prescribed for the relevant thing. The standards officer or the inspector may, by notice in writing given to the owner or occupier of the land, direct the owner or occupier not to cultivate any plant or any class of plant in or on the land, or graze or keep a trade species animal on the land, other than as permitted under the notice. A notice given by an inspector under subsection (1) or (2) shall have effect for the period specified therein but in no case exceeding 3 days. Subject to subsection (5) , a notice given by the standards officer under subsection (1) or (2) may be given without limit to time. A notice given by the standards officer under subsection (1) or (2) shall specify a time after which it ceases to have effect unless the standards officer has received a report of an analysis conducted by an analyst that confirms the standards officer’s suspicion or belief in respect of the matters to which the notice relates. This subsection shall not be construed to prevent the standards officer from giving successive notices under subsection (1) or (2) . A notice given under this section must be accompanied by an information notice for the decision to give the direction. A person must not contravene a notice under subsection (1) or (2) , unless the person has a reasonable excuse for the contravention. Maximum penalty for subsection (6) —800 penalty units. This subsection is an executive liability provision—see section 30A . In this section— prescribed person means a person having possession of any prescribed substance or, where the prescribed substance is in transit, the person into whose possession it is to be delivered. prescribed substance means— a relevant thing in or on which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount more than the maximum residue limit prescribed for the relevant thing; or plants from which agricultural produce may be derived in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in an amount such that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount that exceeds the maximum residue limit prescribed for that produce; or a trade species animal in which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount that a product derived from the animal is likely to have in it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or a substance in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in such an amount that the ordinary use of the substance is likely to result, directly or indirectly, in the residue of a chemical being in or on agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product. s 16 amd 1994 No. 78 s 37 sch ; 2002 No. 76 ss 17 , 30 sch 1 ; 2009 No. 24 s 403 ; 2015 No. 15 s 70 ; 2014 No. 7 s 519 ; 2020 No. 3 s 70 (sec.16-ssec.1) The standards officer or an inspector may, by notice in writing given to a prescribed person, direct that person not to use, destroy, dispose of or otherwise deal with any prescribed substance to which the notice relates otherwise than as permitted (if at all) by the notice. (sec.16-ssec.1A) Subsection (2) applies if the standards officer or an inspector suspects or believes on reasonable grounds that the cultivation of a plant in or on land, or the grazing or keeping of a trade species animal on land, would be likely to result in the residue of a chemical being present in or on a relevant thing in an amount more than the maximum residue limit prescribed for the relevant thing. (sec.16-ssec.2) The standards officer or the inspector may, by notice in writing given to the owner or occupier of the land, direct the owner or occupier not to cultivate any plant or any class of plant in or on the land, or graze or keep a trade species animal on the land, other than as permitted under the notice. (sec.16-ssec.3) A notice given by an inspector under subsection (1) or (2) shall have effect for the period specified therein but in no case exceeding 3 days. (sec.16-ssec.4) Subject to subsection (5) , a notice given by the standards officer under subsection (1) or (2) may be given without limit to time. (sec.16-ssec.5) A notice given by the standards officer under subsection (1) or (2) shall specify a time after which it ceases to have effect unless the standards officer has received a report of an analysis conducted by an analyst that confirms the standards officer’s suspicion or belief in respect of the matters to which the notice relates. (sec.16-ssec.5A) This subsection shall not be construed to prevent the standards officer from giving successive notices under subsection (1) or (2) . (sec.16-ssec.5B) A notice given under this section must be accompanied by an information notice for the decision to give the direction. (sec.16-ssec.6) A person must not contravene a notice under subsection (1) or (2) , unless the person has a reasonable excuse for the contravention. Maximum penalty for subsection (6) —800 penalty units. This subsection is an executive liability provision—see section 30A . (sec.16-ssec.7) In this section— prescribed person means a person having possession of any prescribed substance or, where the prescribed substance is in transit, the person into whose possession it is to be delivered. prescribed substance means— a relevant thing in or on which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount more than the maximum residue limit prescribed for the relevant thing; or plants from which agricultural produce may be derived in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in an amount such that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount that exceeds the maximum residue limit prescribed for that produce; or a trade species animal in which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount that a product derived from the animal is likely to have in it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or a substance in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in such an amount that the ordinary use of the substance is likely to result, directly or indirectly, in the residue of a chemical being in or on agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product.