New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 65

65 Prohibited residue orders

(1) The Minister may:

(a) make an order under this section in respect of the whole or part of any agricultural produce that is specified or described in a notice that has been served under section 64, and

(b) cause the order to be served as provided by subsection (4) (a).

(2) An order made and served under this section in relation to any agricultural produce:

(a) must:

(i) describe the name of the produce, and

(ii) describe where the produce was situated at the time of service of the notice under section 64 in respect of which the order is made, and

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

(iv) specify the date on which the order is made, and

(v) specify the expiry date of the order, being a date occurring not more than 6 months after the date on which the order is made, and

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

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

(ii) to retain the produce in or on the premises specified in the order and that are under the control of that person, or

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

(iv) subject to subsection (3), within a time specified in the order, to destroy the produce in a manner described in the order or in accordance with the directions of an authorised officer.

(3) The Minister may not cause an order under this section to be served, being an order requiring the destruction of a quantity of agricultural produce, unless:

(a) at the time the Minister made the order, the Minister was satisfied that:

(i) at least one sample of the produce from each prescribed portion of the quantity of produce contains a prohibited residue, or

(ii) if the quantity of the produce is less than or equal to the prescribed portion in relation to the produce, at least one sample of the produce contains a prohibited residue, and

(b) the requirement to destroy the agricultural produce does not take effect before 90 days after the date of service of the order, and

(c) the Minister is of the opinion that there is no reasonable likelihood of the agricultural produce ceasing to contain a prohibited residue within the period of 3 years following the date on which the Minister made the order.

(4) An order made under this section:

(a) may be served on the owner of the agricultural produce in relation to which it was made or on the occupier of any premises on which the produce is situated at the time of service of the order, and

(b) remains in force from the time it is served until the expiry date specified in the order, unless it is sooner revoked by the Minister, and

(c) revokes any notice issued under section 64 that relates to the agricultural produce to which the order relates.

(5) If an order under this section is in force, the person on whom it was served must not fail to comply with any requirement of the order 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.

(6) In this section:
"prescribed portion", in relation to a quantity of agricultural produce, means:

(a) if the quantity is specified or described in the order by reference to its weight-50 tonnes, or

(b) if the quantity is specified or described in the order by reference to its volume:

(i) if the produce is not in liquid form-100 cubic metres, or

(ii) if the produce is in liquid form-5,000 litres, or

(c) if the quantity is specified or described in the order by reference to the premises on which it is situated-150 hectares, or

(d) such smaller portion as may be prescribed by the regulations in relation to the produce.