New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 64

64 Prohibited residue notices

(1) If an authorised officer reasonably suspects that any agricultural produce contains a prohibited residue, the authorised officer may, with the approval of the Environment Protection Authority, serve a notice in the approved form on:

(a) the owner of the produce, or

(b) the occupier of the premises in or on which the produce is situated, or

(c) the person who appears to the authorised officer to be the person in charge of any premises in or on which the produce is situated.

(2) A notice served under this section in relation to any agricultural produce:

(a) must:

(i) describe the produce, and

(ii) describe where the produce is situated at the time of service of the notice, and

(iii) specify or describe the quantity of the produce, and

(iv) specify the expiry date of the notice, being a date occurring not more than 14 days after the date of service of the notice, and

(b) may contain provisions requiring any person on whom it is to be served and who has possession or control of the agricultural produce:

(i) not to part with possession or control of the produce, or

(ii) to retain the produce at the premises on which it is situated at the time the notice is served or on premises that are under the control of that person (or another person specified in the notice) where the produce will, in the opinion of the authorised officer, least endanger the health of the public or of any person, or

(iii) to deal with the produce or to do anything in relation to the produce (other than requiring the destruction of the produce) in accordance with the directions set out in the notice, being directions that are reasonably necessary for the preservation of the health of the public or of any person.

(3) The Environment Protection Authority or any authorised officer may revoke a notice served under this section by giving notice of its revocation to the person on whom it was served.

(4) A notice issued under this section in relation to any agricultural produce is in force from the time of service of the notice until the expiry date specified in the notice unless it is sooner revoked:

(a) by service of an order made by the Minister under section 65 in relation to the whole or any part of the produce, or

(b) by the Environment Protection Authority or an authorised officer under subsection (3).

(5) While a notice under this section is in force, the person on whom it was served must not fail to comply with any requirement of the notice that is applicable to the person.

Maximum penalty:

• $120,000 in the case of a corporation, or

• $60,000 in the case of an individual.