PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 94O Voluntary recalls

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 94O

94O Voluntary recalls

(1) A person involved in the supply chain of a substance may initiate a voluntary recall of the substance if the person considers it necessary or appropriate, including if--

(a) either--

(i) the substance poses a potential risk of harm to human health or the environment, or

(ii) a particular use of, or activity involving, the substance poses a potential risk of harm to human health or the environment, or

(b) the substance--

(i) is required by environment protection legislation or a national protection measure to comply with a prescribed standard or other specific requirements, and

(ii) does not comply with the standard or other requirements, or

(c) environment protection legislation has been contravened, or

(d) another matter prescribed by a regulation under section 94B(d) applies.

(2) If a person initiates a voluntary recall, the person must immediately give the EPA written notice of the recall.

(3) The notice must include the following information--

(a) that a voluntary recall is occurring,

(b) details of the substance that is subject to the recall,

(c) if the substance may pose a risk to human health or the environment--the circumstances in which the substance may pose the risk and the nature of the risk,

(d) if the substance does not comply with a prescribed standard or other requirements--the nature of the non-compliance,

(e) any information or advice for minimising any risk to human health or the environment posed by the substance,

(f) the nature of the actions being taken by the person as part of the recall,

(g) any other matters prescribed by the regulations.

(4) If the EPA is given notice about a voluntary recall of a substance, the EPA must publish information about the recall on the EPA's website.

(5) A voluntary recall under this section does not prevent the EPA from issuing a recall notice to the person in relation to the same substance or matter.