New South Wales Consolidated Acts

FERTILISERS ACT 1985 - SECT 21

21 Trace element products to be sold in marked parcels

(1) The Minister may, by order published in the Gazette, declare that particulars specified in the order must be marked on a parcel that contains a specified trace element product or a trace element product of a specified class.

(2) Without limiting the generality of subsection (1), those particulars may comprise any or all of the following:

(a) details of the quantity of trace element product contained in the parcel,

(b) the respective proportion in which each trace element or any other element (or any form of each trace element or any other element) occurs in the trace element product,

(c) warning labels.

(3) A dealer must not sell a trace element product unless the trace element product is contained in a parcel that is marked with the particulars (if any) required by an order made under this section that is in force.

Maximum penalty: 20 penalty units.

(4) However, it is not an offence to sell a trace element product that has not been marked with those particulars:

(a) if the trace element product is sold to a dealer, or

(b) if, in the case where the trace element product comprised in the sale consists of a bulk lot of 90 kilograms or more, at or before the delivery of that bulk lot the person to whom the trace element product is sold is provided with an invoice or any other document containing the same particulars as would otherwise be required to be marked on the parcel,

(c) if, in the case where the trace element product has been formulated to the prescription of the person to whom it is sold, at or before the delivery the person to whom the trace element product is sold is provided with an invoice or any other document containing the same particulars as would otherwise be required to be marked on the parcel.

(5) An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.

(6) Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.