AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 2004 - SECT 17 Registered chemical products to be kept in suitable containers labelled with approved labels
AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 2004 - SECT 17
Registered chemical products to be kept in suitable containers labelled with approved labels(1) A person must keep a registered chemical product in a suitable container to which is attached the approved label.
Maximum penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.
(2) Subsection (1) applies:
(a) whether the container in which the product is kept is the container in which the product was supplied to the person or is a container into which the product was transferred by the person or another person; or
(b) whether the product has been mixed with another substance or not.
(3) Subsection (1) does not apply if the container is:
(a) the container in which the product was supplied by a veterinarian or pharmacist; or
(b) a container into which the product was transferred for immediate use.
(4) In subsection (1):
"suitable container", for a product, means a container that:
(a) is impervious to, and incapable of chemical reaction with, the product when under conditions of temperature and pressure likely to be encountered in normal service;
(b) has sufficient strength and impermeability to prevent leakage of the product during handling, transport and storage under normal handling conditions;
(c) if it is intended to be opened more than once – can be securely and readily closed and reclosed;
(d) has sufficient excess capacity to prevent it from breaking if its contents expand during handling, transport or storage; and
(e) enables all or any part of the product to be removed or discharged in such a way that, with the exercise of no more than reasonable care, the product cannot:
(i) harm any person; or
(ii) have an unintended effect that is harmful to the environment.