New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 63

63 Definitions

(1) In this Part:
"agricultural produce" means any produce that:

(a) is, or may become, capable of being used as food for any form of life, and

(b) is prescribed by the regulations,

but does not include any produce that is the result of a manufacturing process.
"metabolite", in relation to a pesticide, includes any substance resulting from the breakdown, conversion or reaction of the pesticide.
"pesticide residue", in relation to agricultural produce, means any substance or organism (including a pesticide or any metabolite of a pesticide) that is present in or on the produce as a result of the use of a pesticide or contact between a pesticide and the produce.

(2) For the purposes of this Part, agricultural produce contains a prohibited residue when:

(a) a concentration of a prescribed substance that is in excess of the maximum permissible concentration of that substance prescribed by the regulations in respect of the produce is present in or on the produce, or

(b) any concentration of a pesticide residue is present in or on the produce and a maximum permissible concentration for that pesticide residue has not been prescribed by the regulations in respect of the produce.

(3) If the regulations prescribe the method by which the concentration of any relevant substance or pesticide residue is to be ascertained, the concentration of the relevant substance or pesticide residue is, for the purposes of this Part, to be the concentration ascertained by the use of that method.

(4) For the purposes of this Part, if the quantity of any agricultural produce is to be specified, described or prescribed, it may be specified, described or prescribed by reference to its weight or volume, any container in which it is situated, or the premises on which it is situated.