Veterinary Preparations and Animal Feeding Stuffs Act 1976

The Act’s key concepts hinge on a set of expansive definitions in section 5(1) that drive its operation. An animal feeding stuff is central and excludes food for dogs, cats, and non-companion pet fish or birds: this means commercially traded livestock feed is captured but pet food is not. A veterinary chemical product adopts the meaning from the Agvet Code of Western Australia under the Agricultural and Veterinary Chemicals (Western Australia) Act 1995, but with two important extensions: it includes substances prepared by a pharmacist on a veterinarian’s instructions or by a veterinarian personally in the course of practice, and it expressly excludes a prescribed substance (growth promoter), thereby avoiding overlap between Parts IV and VA. Prescribed substance is a substance prescribed by regulation as one to which Part VA applies, used or intended to be used to promote growth in cattle or other prescribed animals; this is a distinct regulatory category. Stock is defined generally as any normally domesticated animal or any animal kept in captivity, but for Part VA is limited to cattle and any animal prescribed for that Part. Sell is defined extremely broadly in section 5(1) to include placing on the market, barter, exchange, supply under a contract for work and materials, offering, exposing, possessing for sale, delivery for sale (with or without consideration), wholesale, retail, hire-purchase, credit sale, dealing, agreeing to sell, supplying samples, and causing, suffering, permitting or attempting to sell. This expansive definition catches almost any commercial transfer or offer. Product means a veterinary chemical product or animal feeding stuff, and includes an ingredient used or intended to be used in preparation. Premises is defined as any place where animal feeding stuffs are produced, stored, or held, or where there are reasonable grounds to believe they are so used. Additive, adulterant, impurity, supplement, by-product, processed food, manufactured stock food, and basic feed are all separately defined, giving the Act the granularity to regulate different types of feed components. Container includes a vehicle used as a container for bulk consignments. Label includes tags, brands, stamps, marks, and written statements on or in any container. Invoice is given a specialised meaning in Part IX: a statement conveying the information required by section 57, but otherwise bears its ordinary meaning. Analysis covers biological and bacteriological assay as well as chemical tests. Tissue includes blood, secretions, and faecal material , relevant for sampling. The Act also creates a critical presumption in section 5(3)(b): for Part VA, stock or a carcass intended for sale to a market to which that Part applies is presumed to have been treated with a prescribed substance unless a declaration to the contrary has been made under the Act. This shifts the evidentiary burden onto the seller to prove non-treatment.

The Act directly imposes duties on a wide range of participants in the livestock and animal feed supply chain. Primary targets are producers of animal feeding stuffs , anyone who manufactures, treats, imports, stores, or prepares feed for sale, including those dealing with basic feed (grain, hay, meat, fish) that has any additive or processing. Wholesalers and retailers of animal feeding stuffs are affected by invoicing obligations (section 57), labelling requirements (sections 52-53), duties to provide samples to inspectors (section 42), and prohibitions on selling sub-standard feed (section 14). Veterinarians are specifically affected by Part IV: regulations may impose duties on them regarding the use of veterinary chemical products, and the definition of veterinary chemical product includes preparations they make in practice (section 5(1) definition paragraph (a)). Farmers and stock owners are heavily affected by Part V (sale of treated stock) and Part VA (prescribed substances). In particular, section 42A imposes a duty on any person who sells, or intends to sell, stock treated with a veterinary chemical product, stock treated with a prescribed substance, or stock declared not treated with a prescribed substance , they must, if required by an inspector, provide a sample without payment. Transporters of stock or carcasses may be affected by inspector powers to stop or order movement of stock (section 38(1)(ca) and (d)). Slaughterhouses and meat processors are caught by Part V and VA regulations which can control sale of carcasses from treated stock. Purchasers are also affected indirectly because agreements that purport to exclude the Act are void (section 36B(1)), and agreements that contain a provision about treatment or non-treatment are voidable by the purchaser unless the Act’s requirements and any Director-approved system of declarations or returns are observed (section 36B(3)). Inspectors appointed under section 37 form the enforcement arm. The Director of Agriculture bears the administration responsibility (section 10). The Crown is the ultimate beneficiary of forfeiture powers (section 62) and debt recovery for inspection costs (section 40B). The general public is protected by provisions prohibiting misleading advertising (section 54), publication of analysis results (section 48 gives the Director power to publish names and addresses with immunity), and the ability to seize and detain non-compliant products (section 40). The Act also reaches interstate stock: regulations under Part VA may apply to stock from another State or Territory if it has been treated or is declared not treated, and may extend to acts done outside the State (section 36A(2)).

The Act creates a dense network of duties on persons involved with animal feeding stuffs and stock. A person who produces, holds, or stores any animal feeding stuff for sale in an unsanitary manner, or not in accordance with regulations, commits an offence (section 11(1)). The owner or occupier of premises that are unsanitary or do not comply with regulations also commits an offence (section 11(2)). Selling a prohibited product or producing animal feeding stuff in prohibited premises is an offence punishable by $4,000 or 12 months imprisonment (section 13). Selling sub-standard animal feeding stuff , one that does not comply with a prescribed grade or standard, or contains an ingredient that does not , is an offence (section 14). Invoices must be given to purchasers of animal feeding stuff on or before delivery, or within 7 days, containing the seller’s name and place of business, the name under which the feed is sold, and prescribed particulars (section 57). A breach of this duty is an offence unless the seller proves all reasonable steps were taken and no intent to defraud (section 59). Statements in advertisements, labels, or invoices for animal feeding stuff have effect as a warranty by the seller of their accuracy (section 58(1)). Selling under a name implying purity from a particular substance creates an implied warranty that it is pure (section 58(2)). In Part VA, persons who treat stock with a prescribed substance, own or sell treated or declared-not-treated stock, transport such stock, or slaughter or deal with carcasses, all have duties that may be prescribed in regulations (section 36A(1)(c)). The Act expressly prohibits agreements that purport to exclude the Act: such agreements are void (section 36B(1)), and making such an agreement is an offence (section 36B(2)). An agreement that contains a provision about treatment or non-treatment is voidable by the purchaser unless the Act’s requirements and any Director-approved declaration system have been complied with (section 36B(3)). Importantly, the purchaser retains the right to claim damages or recover money paid under a void or voidable agreement (section 36B(4)). Making a false or misleading statement in a declaration or return for Part VA is an offence punishable by $5,000 (section 36D). Dealers in animal feeding stuffs must, when required by an inspector, provide a sample without payment and deliver it for analysis (section 42). Sellers of treated or declared-not-treated stock must similarly provide samples of stock, carcass, or tissue if required (section 42A). No person may tamper with a sample or with the bulk so that a sample does not correctly represent it (section 43). Inspectors have extensive powers: they may enter and search land, buildings, premises, conveyances used in connection with treated stock or animal feeding stuffs, stop or order movement of stock, break open packaging, take samples, and require information such as names and addresses of buyers and sellers, production of invoices and documents (sections 38, 39, 40A). Any person who wilfully obstructs an inspector, refuses to allow sampling, fails to give assistance or information, or knowingly makes a mis-statement is deemed to have obstructed and commits an offence (section 60). The Act preserves the right against self-incrimination for questions asked under section 60 (section 60(4)).

Enforcement under the Act is primarily through summary prosecution in a court of summary jurisdiction constituted by a magistrate (section 64(1)). The general penalty for an offence where no specific penalty is provided is a fine of $1,000 for a first offence, and a fine of $2,000 or imprisonment for 12 months for a second or subsequent offence; continuing offences attract a daily penalty of $200 after conviction (section 63(2)). Specific offence provisions carry higher penalties: selling a prohibited product or producing feed on prohibited premises attracts $4,000 or 12 months (section 13); false statements under Part VA carry $5,000 (section 36D); disclosure of trade secrets by an inspector carries $3,000 or 12 months (section 38(4)); and failure by a former inspector to surrender their certificate carries $200 (section 37(4)). Regulations made under Part IV (veterinary chemical product use), Part V (sale of treated stock), and Part VA (prescribed substances) may impose penalties not exceeding $5,000 for offences against those regulations (sections 15(2)(e), 16(2)(b), 36A(1)(h)). Regulations under other parts may impose penalties not exceeding $2,000 and daily penalties not exceeding $200 for continuing offences (section 68(3)(d)). Prosecutions must generally be commenced within three years after the offence was committed (section 64(3)), but for sampled products there is a tighter restriction: no prosecution may be commenced more than four months after the sample was procured, unless a justice certifies that earlier commencement was not practicable, in which case the prosecution may commence within one month of that certificate (section 44). The summons must be served at least 14 days before the return date, with copies of any certificate of analysis and justice’s certificate attached (section 44(3)). Vicarious liability operates: any person on whose behalf a sale is made is deemed to be the seller, and every servant or agent making the sale is liable to the same penalties as the principal (section 61(2)). A principal may be convicted even if the employee has not been proceeded against (section 61(3)). Forfeiture may be ordered by the court upon conviction for any offence; the order may extend to the whole supply of the product, the whole of any similar animal feeding stuff, and for Part IV, V or VA offences, the whole supply of the veterinary chemical product or prescribed substance and the total number of stock, stock products, or carcasses concerned or similar to those concerned (section 62). Inspectors may seize and detain any product they reasonably believe does not comply with the Act; the detention can last up to six months, or until final determination of proceedings instituted within that period; if no proceedings or review are instituted within six months, the thing is forfeit to the Crown (section 40). A person aggrieved by seizure or detention may apply to the State Administrative Tribunal for review within six months (section 40(3)). Reasonable inspection costs incurred due to a person’s failure to comply with a requirement made under Parts IV, V or VA may be recovered as a debt due to the Crown (section 40B).

The Act explicitly states it is in addition to, and not in derogation of, several other statutes: the Health (Miscellaneous Provisions) Act 1911, the Food Act 2008, the Medicines and Poisons Act 2014, and the Public Health Act 2016 (section 9(1)). Where any inconsistency arises between this Act or its regulations and any of those Acts, those other Acts and their regulations prevail (section 9(2)). This ensures that food safety, public health, and poisons control regimes take precedence over the feed and veterinary chemical control regime. For veterinary chemical products specifically, the Act is subject to the Agricultural and Veterinary Chemicals (Western Australia) Act 1995 (which enacts the Agvet Code). If there is an inconsistency between this Act and that Act in respect of veterinary chemical products, the 1995 Act prevails (section 6(4)). The Act defines veterinary chemical product by reference to the Agvet Code, but then extends it to include certain extemporaneous preparations by pharmacists and veterinarians, and excludes prescribed substances (section 5(1) definition). This means that growth promoters regulated under Part VA are not veterinary chemical products under this Act, avoiding dual regulation. The Act also interacts with the Financial Management Act 2006 and the Auditor General Act 2006: section 59A applies those Acts’ financial administration, audit, and reporting provisions to the Department of Agriculture’s operations under this Act. The Minister must ensure the text of any written direction given under section 10(2) regarding Part VA functions is included in the annual report submitted under Part 5 of the Financial Management Act 2006 (section 10(3)). The Act preserves the operation of any other law; it does not derogate from the common law or other statutory rights. The reprint notes indicate that provisions of the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 section 82 are not yet in force; when commenced, that may further reshape the Act’s interaction with biosecurity law. The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 transferred review functions from courts to the SAT for matters such as seizure review under section 40(3). The Act’s relationship with the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 is reflected in amendments to sections 44, 49, 50, 62, 64, 65, and 66 affecting the conduct of proceedings, onus of proof, and evidence.

The Act was originally enacted as the Veterinary Preparations and Animal Feeding Stuffs Act 1976 (No. 56 of 1976) and commenced on 15 July 1977. Its short title was later changed to the Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 by the 2004 amendment (No. 76 of 2004 section 4(1)). Significant amendments include: No. 54 of 1981 (minor amendment to section 5); No. 69 of 1982 which rewrote sections 52, 53, 57, and 58 and others (commenced 13 September 1991); No. 20 of 1989 increased penalties across the Act; No. 19 of 1990 (Chemistry Centre) affected analysis provisions; No. 20 of 1993 inserted Part VA (prescribed substances) and made numerous amendments to inspection and enforcement provisions (commenced 1 July 1994); No. 3 of 1995 (Agricultural and Veterinary Chemicals (Western Australia) Act) made consequential amendments including the reconciliation with the Agvet Code; No. 9 of 1998 (Agricultural Legislation Amendment and Repeal Act) rewrote Part III, deleted many sections (formerly ss. 12, 17-36, 36C, 51, 56), and made changes to sections on unhygienic production, sub-standard feed, and proceedings; No. 76 of 2004 was a major amending Act that changed the short title, inserted Parts IV and V (regulations on use of veterinary chemical products and sale of treated stock), added section 36AA defining “treated”, and made conforming amendments throughout; No. 55 of 2004 and No. 59 of 2004 dealt with the transfer of review jurisdiction to the State Administrative Tribunal and court reforms; No. 84 of 2004 (Criminal Procedure and Appeals) amended sections on proceedings and evidence; No. 77 of 2006 applied the Financial Management Act 2006; No. 35 of 2010 (Health Practitioner Regulation National Law) updated references to pharmaceutical chemists; No. 13 of 2014 and No. 19 of 2016 (Public Health) updated references to medicines and poisons and public health Acts and inserted the new section 9; No. 19 of 2021 (Veterinary Practice Act) updated the definition of “veterinarian” and “pharmaceutical chemist” references; No. 9 of 2023 (Directors’ Liability Reform) amended section 61. Several uncommenced provisions exist, notably section 82 of the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 and section 334 of the Public Health (Consequential Provisions) Act 2016, which may further amend or replace parts of the Act when proclaimed.

The Act itself does not cite any specific case names or judicial decisions. However, the text of the Act provides some procedural hints about how litigation has been shaped. Section 50 provides that non-compliance by a prosecution witness with any provision of Part VI (inspection, sampling, analysis) shall not entitle an accused to acquittal unless the accused shows that the non-compliance has in fact prejudiced them. This defence of procedural prejudice suggests that past litigants have argued that technical defects in the taking or handling of samples should result in acquittal; Parliament responded by requiring proof of actual prejudice. Section 44 imposes a relatively short 4-month limitation from the date of sampling for commencing a prosecution, with a limited extension by justice certificate. This short period likely reflects the perishable nature of samples and the need for timely testing, and has probably been the subject of arguments about what constitutes “not practicable” to commence earlier. The Act’s presumption in section 5(3)(b) that stock intended for a Part VA market are treated unless a declaration to the contrary is made reverses the usual evidentiary burden; this presumption has likely been tested in prosecutions for false declarations or for selling treated stock without the required declaration. Section 66 similarly reverses the onus of proof for the defendant on several critical elements: the accused bears the burden of proving that a substance was not intended for sale, or was not a veterinary chemical product or animal feeding stuff; and for Part VA, that the sale was not to a particular market. These reverse-onus provisions are common in regulatory enforcement and have likely been challenged under the principle of the presumption of innocence, though no case is cited in the Act. The publication of analysis results under section 48 , with complete immunity from defamation actions , may have discouraged collateral litigation by aggrieved product sellers. The protection from liability for inspectors and the Minister acting in good faith (section 67) further limits avenues for litigation against enforcement officers.

Several provisions create traps for the unwary. The broad definition of “sell” in section 5(1) , covering offering, exposing, possessing for sale, barter, exchange, supply under a contract for work and materials, delivery as a sample, and even attempting to sell , means that many routine commercial activities that are not formal sales can trigger obligations. A farmer who supplies feed to a neighbour in exchange for something other than cash may be “selling”. The presumption in section 5(3)(b) that stock destined for a Part VA market has been treated with a prescribed substance unless a declaration to the contrary is made is a classic reverse onus: the person in possession of the stock must have a declaration to avoid the presumption. Failing to have the declaration could lead to a prosecution even if the stock were never treated. The time limit for prosecution after sampling is only four months (section 44) , not the general three years under section 64(3). Anyone facing a sample-based prosecution must act quickly to obtain evidence and mount a defence before the limitation expires from the prosecutor’s perspective; but if a justice certificate extends the period, the defence must be prepared. Vicarious liability under section 61(2) means a principal can be convicted even if the employee who actually sold the product has not been convicted; that section also deems the principal to be the seller. This is a risk for feed companies that have sales staff acting independently. The invoice requirement in section 57 applies to every sale of an animal feeding stuff, and non-compliance is an offence unless the seller proves reasonable steps and no intent to defraud (section 59). Many small producers may not realise that a simple handwritten receipt is an “invoice” and must contain the seller’s name and place of business, the name under which the feed is sold, and any prescribed particulars. The implied warranties under section 58 operate notwithstanding any agreement or notice to the contrary , so a label disclaiming warranties is ineffective. Publishing “government approved” statements is absolutely prohibited (section 55) , even inadvertently implying government endorsement is an offence. The Director can publish analysis results naming the seller or person from whom the sample was obtained, with no liability for defamation (section 48). A person whose product is publicly named has no remedy unless they can prove mala fides. The Act also contains a little-known provision about “deemed obstruction” under section 60(2): if a person in charge of a substance, stock, stock product, or carcass refuses to allow an inspector to take a sample, they are deemed to have wilfully obstructed the inspector, which is an offence. There is no requirement for the inspector to have a warrant for sampling under section 41, only reasonable grounds.

Compliance with the Act requires systematic attention to documentation, labelling, hygiene, and record-keeping. Producers and sellers of animal feeding stuffs should ensure that all feed is produced, stored, and held in sanitary conditions that comply with any regulations made under section 11 and Part VII. Premises should be maintained to a standard that would not attract a prohibition notice under section 8(2). Labelling must comply with any prescribed requirements (section 53); each container or package should bear the required particulars including the proprietary or scientific name, date of manufacture if prescribed, and the seller’s details. Bulk consignments must have an invoice issued with them (section 52(1)(a)(ix)). Invoices under section 57 must be given on or before delivery, or within 7 days, containing the seller’s name and place of business, the name of the feed, and any prescribed particulars; a copy should be retained as proof of compliance. Any advertisement for animal feeding stuffs must be substantiated and not false, misleading, or deceptive (section 54). Claims that the product is government approved or recommended are strictly prohibited (section 55). For veterinary chemical products, users must comply with regulations under Part IV, which may include restrictions based on approved labels, registration, and record-keeping; veterinarians and other persons must follow any prescribed duties. Sellers of stock, stock products, or carcasses that have been treated with a veterinary chemical product must comply with regulations under Part V, which may require permits, adherence to label directions, and record-keeping. For prescribed substances under Part VA, the key compliance step is to have a proper system of declarations and returns. Persons treating stock with a prescribed substance must keep records and make declarations. Anyone selling stock to a market to which Part VA applies must ensure that a declaration exists that the stock has not been treated , because the Act presumes treatment unless a declaration is made (section 5(3)(b)). Any agreement for sale of stock in the State must not purport to exclude the Act (section 36B(1)); and any agreement that contains a provision about treatment or non-treatment must have the required declarations and returns in place, otherwise the purchaser may void the agreement (section 36B(3)). All persons must cooperate with inspectors, provide samples when requested without payment, produce documents and information, and not obstruct or tamper with samples (sections 39-43). Sample-taking procedures should be followed as prescribed (section 41). Prosecutions are usually summary; if a sample has been taken, the 4-month window for initiating prosecution is tight, so those accused should seek early legal advice. The onus of proof on the accused to show a substance was not intended for sale (section 66) means a defence should gather evidence of non-commercial use from the outset. Finally, all records required by regulations , such as accounts, returns, and manufacturing records , must be kept and vouched; the Director may prescribe the manner of recording (section 68(2)(g), (h)).