Western Australian Consolidated Acts

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AGRICULTURAL PRODUCE (CHEMICAL RESIDUES) ACT 1983 - SECT 4

4 .         Interpretation

        (1)         In this Act, unless the contrary intention appears — 

        agricultural chemical means any substance prescribed to be an agricultural chemical;

        agricultural produce means — 

            (a)         any plant, whether severed from the land or not; or

            (b)         any carcass or other commodity obtained from any animal or plant,

        which plant, carcass, or other commodity is ordinarily used as food for human or animal consumption or for manufacture into a commodity ordinarily so used, but does not include any plant, carcass, or other commodity that is, or is of a class that is, excluded from this definition under subsection (2);

        analyst means a person appointed under section 6 to be an analyst for the purposes of this Act;

        authorised person means a person appointed under section 6 to be an authorised person for the purposes of this Act;

        food includes drink;

        maximum residue limit , in relation to an agricultural chemical residue present in agricultural produce, means the maximum residue limit prescribed in respect of that agricultural chemical in relation to that agricultural produce;

        officer means an officer employed under Part 3 of the Public Sector Management Act 1994 in the Department of the Public Service of the State through which the Minister administers this Act;

        residue in relation to any agricultural chemical includes, in addition to any of that agricultural chemical that is present, any derivative or metabolite of the agricultural chemical present;

        section means a section of this Act;

        subsection means a subsection of the section in which the term is used.

        (2)         The Minister may, by notice published in the Government Gazette , exclude from the definition of “agricultural produce” in subsection (1) any plant, carcass, or other commodity, or any class thereof, if he is satisfied that it will not be used as, or for manufacture into, food for human consumption and that any agricultural chemical residue that might be contained therein would be unlikely directly or indirectly to cause or contribute to the presence of an agricultural chemical residue in any other plant, carcass, or other commodity that is agricultural produce within the meaning of that definition.

        [Section 4 amended by No. 32 of 1994 s. 3(2).]



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