Part 8Hormonal growth promotants

Part 8—Hormonal growth promotants 32—HGP earmarks (1) If cattle or buffalo are not, immediately after treatment with a hormonal growth promotant, each marked with an earmark consisting of an equilateral triangle with sides 20 millimetres in length, punched through the centre of the left or right ear of the animal (an HGP earmark)— (a) the owner of the cattle or buffalo; and (b) any other person responsible for the husbandry of the cattle or buffalo who treated the cattle or buffalo with the hormonal growth promotant, or caused or permitted the cattle or buffalo to be so treated, are each guilty of an offence. (2) Subregulation (1) does not apply in respect of an animal that already has an HGP earmark at the time of treatment with a hormonal growth promotant. 33—HGP records The owner (or former owner) of cattle or buffalo that are treated with hormonal growth promotants must ensure that records are made, and retained for a period of not less than 2 years after the cattle or buffalo cease to be in his or her ownership, containing the following information: (a) in respect of each type of hormonal growth promotant obtained or used to treat cattle or buffalo— (i) the date on which it was obtained; and (ii) a description of its type; and (iii) the name and address of the person from whom it was obtained; and (iv) the number of doses obtained; (b) in respect of each treatment of cattle or buffalo with each type of hormonal growth promotant— (i) the date of the treatment; and (ii) the breed or other description of each animal treated; and (iii) the number of animals treated; and (iv) a description of the type of hormonal growth promotant used for the treatment; and (v) the number of doses of hormonal growth promotant used, lost or wasted in the course of the treatment; (c) in respect of the disposal to some other person of cattle or buffalo treated with hormonal growth promotants— (i) the number of animals disposed of; and (ii) the breed or other description of each animal; and (iii) the fact that the animals have been treated with hormonal growth promotants; and (iv) the date of the disposal; and (v) the name of that other person. 34—HGP free declarations (1) A person must not make an HGP free declaration in respect of cattle or buffalo unless the person is— (a) the owner of the cattle or buffalo; or (b) a person responsible for the husbandry of the cattle or buffalo authorised by the owner to do so. (2) A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in an HGP free declaration. (i) Maximum penalty—$10 000. (i) Maximum penalty—$5 000. (ii) Expiation fee—$315. (3) For the purposes of subregulation (2), the statement in an HGP declaration that the cattle or buffalo have not been treated with hormonal growth promotants will be taken to be false if the cattle or buffalo have HGP earmarks. (4) A person must not make an HGP free declaration in respect of cattle or buffalo that have not been continuously in the same ownership since birth unless the current owner of the cattle or buffalo received an HGP free declaration in respect of the cattle or buffalo when they came into his or her ownership. (5) In proceedings for an offence against subregulation (4), the burden of proving that the current owner received an HGP free declaration in respect of the cattle or buffalo when they came into his or her ownership lies on the defendant.