Legislation, Legislation In force, Western Australian Legislation
Veterinary Preparations and Animal Feeding Stuffs Act 1976 (WA)
No short title found.
Western Australia
Veterinary Chemical Control and Animal Feeding Stuffs Act 1976
Western Australia
Veterinary Chemical Control and Animal Feeding Stuffs Act 1976
Contents
Part I — Introductory provisions
1. Short title 2
2. Commencement 2
5. Terms used 2
Part II — Exemptions, prohibitions and construction
6. Application 9
7. Exemptions by Order 10
8. Prohibition 10
9. Act to be construed subject to certain laws 11
10. Administration 11
Part III — Control of production and sales
11. Unhygienic production etc. of animal feeding stuffs 12
13. Prohibition on sale of prohibited products and substances, and use of certain premises 12
14. Sale of sub‑standard animal feeding stuff 12
Part IV — Control of use of veterinary chemical products
15. Regulations relating to control of use of veterinary chemical products 14
Part V — Regulation of sale of certain stock, stock products and carcasses
16. Regulations relating to sale of certain stock, stock products and carcasses 15
Part VA — Regulation of prescribed substances
36AA. Term used: treated 16
36A. Regulations relating to prescribed substances 16
36B. Certain agreements void 18
36D. False statements as to prescribed substances 19
Part VI — Inspection, sampling and analysis
37. Appointment of inspectors 20
38. Powers of entry, search and in relation to movement of stock 20
39. Supply of information 22
40. Power to seize and detain 25
40A. Other powers of an inspector 26
40B. Recovery of inspection costs 27
41. Powers of sampling 27
42. Duty of dealers to provide samples and information when required 29
42A. Duty of persons to facilitate the operation of Parts IV, V and VA 29
43. Tampering with samples 30
44. Use of samples for prosecutions 30
45. Production of part retained for comparison 31
46. Analysts 31
47. Analysis 32
48. Results of analysis may be published 32
49. Evidence of analysis and relation of sample to bulk 33
50. Omissions not to prejudice proceedings 33
Part VII — Packaging, labelling and standards
52. Regulations 35
53. Offences relating to labelling 38
Part VIII — Advertisements
54. Advertisements 39
55. Prohibited statements 39
Part IX — Invoices and warranties
57. Invoices 41
58. Warranties 42
59. Breach of duty by seller is an offence 42
Part X — Miscellaneous and general
59A. Application of Financial Management Act 2006 and the Auditor General Act 2006 44
60. Persons obstructing execution of this Act 44
61. Vicarious liability for sales 45
62. Forfeiture 45
63. Offences and penalties 46
64. Proceedings for offences 47
65. Evidence of qualifications 47
66. Onus of proof 48
67. Protection from liability 49
68. Regulations 49
Notes
Compilation table 53
Uncommenced provisions table 55
Other notes 56
Defined terms
Western Australia
Veterinary Chemical Control and Animal Feeding Stuffs Act 1976
An Act —
* to provide for the control of the use of veterinary chemical products and the regulation of the sale of certain stock, stock products, and carcasses of stock treated with veterinary chemical products;
* to provide for the regulation of the sale and use of certain substances that promote, or are intended to promote, growth in stock and also of the sale of stock, or the carcasses of stock, which have been or are declared not to have been treated with a substance of that kind;
* to control and regulate the production, importation, treatment, preparation for sale, marketing, storage, and sale of animal feeding stuffs,
and for incidental and other purposes.
[Long title inserted: No. 76 of 2004 s. 3.]
Part I — Introductory provisions
1. Short title
This Act may be cited as the Veterinary Chemical Control and Animal Feeding Stuffs Act 1976.
[Section 1 amended: No. 76 of 2004 s. 4(1).]
2. Commencement
This Act, or any provision of this Act, shall come into operation on such date as is fixed by proclamation.
[3. Omitted under the Reprints Act 1984 s.7(4)(f) and (g).]
[4. Deleted: No. 20 of 1993 s. 4.]
5. Terms used
(1) In this Act, unless a contrary or other intention appears —
additive means a substance or combination of substances added to the basic feed mix for continuous long term administration to stock for a specific purpose;
adulterant in relation to any product means any ingredient mixed in with or forming part of it and which is of inferior quality or has injurious properties, and includes any substance classified as an adulterant for the purposes of this Act;
advertisement in relation to any product means any method of advertising or conveying information or making a claim with respect to that product whether orally or by writing or pictorially or otherwise, and includes any notice, circular, catalogue, label, packaging, invoice or other document, and any public announcement made orally or by writing or by any means of producing or transmitting light or sound;
Agvet Code of Western Australia has the same meaning as it has in the Agricultural and Veterinary Chemicals (Western Australia) Act 1995;
analysis means an examination, or any other test or determination relative to standard, of the quality or composition or of any other particular with respect to any product required to be ascertained for the purposes of this Act, and includes biological and bacteriological assay;
analyst means a person appointed as an analyst under the provisions of section 46;
animal includes birds, bees and fish, whether or not kept in captivity;
animal feeding stuff means any substance, including any mixture or compound, or any biological product, and whether in package form or in bulk, used or intended for consumption, or offered for sale for consumption, by any animal other than —
(a) a dog or cat; or
(b) a fish kept as a domestic pet and not for the purpose of human consumption; or
(c) a bird kept as a domestic pet and not for the purpose of human consumption or the laying of eggs for human consumption,
and includes basic feed, processed food, manufactured stock foods, additives, supplements, nutrients, and by‑products, and any substance classified as an animal feeding stuff for the purposes of this Act;
approved label, in relation to a registered veterinary chemical product, means a label approved under Part 2 of the Agvet Code of Western Australia for containers for the veterinary chemical product;
basic feed means any grain, seeds, hay, meat, or fish used as, or in the preparation of, an animal feeding stuff;
biological product means any vaccine, serum or virus whether living or dead, aggressin, or gland extract, and any other product of bacterial or fungal growth;
by‑product means any substance produced from an animal or plant, in any process of treatment or manufacture, not being the primary object of such process; and includes any other substance, matter or thing used in the feeding or treatment of stock classified as a by‑product for the purposes of this Act;
carcass, in relation to any stock, includes skin, hair, wool, offal, viscera, tissue or any portion of the carcass;
container includes any basket, tray, packaging, wrapper, bottle or receptacle of any kind, whether open or closed, in or with which any product is or is intended to be contained, covered, enclosed or packed; and in the case of bulk consignments may include a vehicle used as a container;
Director means the Director‑General of the Department of Agriculture;
import means to bring into the State;
impurity in relation to any product means any substance, matter or thing classified as an impurity with respect to that product for the purposes of this Act;
ingredient means a component part, constituent or element of the original composition of any substance; and may include any matter or thing derived from the application of any recognised process or chemical reaction on original ingredients;
inspector means a person appointed as an inspector under the provisions of section 37;
invoice in relation to the provisions of Part IX means a statement, or a registered label or packet, conveying the information required by section 57, but in any other case bears its primary meaning;
label includes any tag, brand, stamp, mark or statement in writing however effected, affixed to or upon or inserted in or used or intended for use in connection with any container or the packaging of any product, and whether or not comprising any trade mark or pictorial or other descriptive matter distinguishing or identifying that product;
manufactured stock food means any feed made up in whole or in part from basic feed (but not being composed solely of basic feed), processed food, by‑products, additives or supplements; and includes stock licks;
package includes any container in or by which any product is contained; and where products are sold or offered for sale without containers or exterior covering, any bale, block, cake, or slab comprising any product;
packaging includes any exterior cover or wrapping or any bottle, carton, tin, material or other thing in or by which any product is or is intended to be contained;
pesticide has the same meaning as "agricultural chemical product" has in the Agvet Code of Western Australia;
premises means any place in which animal feeding stuffs are produced, stored or held or in relation to which there are reasonable grounds for believing that it is so used;
preparation in relation to any product includes manufacture and any form of treatment, processing, or packing; and preparation for sale shall be construed accordingly;
prescribed substance, for the purpose of Part VA, means a substance —
(a) prescribed as a substance to which Part VA applies; and
(b) used or intended to be used to promote growth in cattle or in any other animal prescribed as an animal to which Part VA applies;
processed food means a basic feed which has been changed in form by chemical, physical, or mechanical treatment; and includes by‑products;
product means a veterinary chemical product or animal feeding stuff to which this Act applies; and includes an ingredient used or intended to be used in the preparation of any product;
purchaser includes any person, other than a carrying agent, acting on behalf of a purchaser;
registered veterinary chemical product means a veterinary chemical product registered under Part 2 of the Agvet Code of Western Australia;
sell, without limiting the scope of the primary meaning, includes —
(a) placing on the market for sale; and
(b) bargaining, barter or exchange; and
(c) supply and use of any product under a contract for work and materials; and
(d) offering, exposing, receiving, supplying or possessing for the purposes of sale; and
(e) delivery for sale or on sale with or without consideration; and
(f) wholesale, bulk and retail trading; and
(g) disposal or offer for disposal under hire purchase or credit sale terms; and
(h) dealing in or agreeing to sell; and
(i) the supply of a substance as a sample for the purpose of inducing any person to purchase the product of which the sample consists or which it comprises; and
(j) causing, suffering, permitting, or attempting to sell;
seller includes any person acting or representing himself to be acting for a seller;
stock means —
(a) for the purposes of Part VA, cattle and any other animal prescribed as an animal to which Part VA applies; and
(b) otherwise, any animal normally domesticated or any animal kept in captivity;
stock product means —
(a) anything obtained from stock to be used as, or processed into, food for humans or animals; or
(b) the hide, hair or fleece of any stock;
substance includes a liquid or a gas, and any compound or mixture;
supplement means any substance not in itself a complete food but which when used with normal nutritive substances forms a product used for the purpose of feeding stock; and includes any substance classified as a supplement for the purposes of this Act;
tissue, in relation to any animal or carcass, includes a reference to blood, secretions, or faecal material obtainable from that animal or carcass;
veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3;
veterinary chemical product has the same meaning as it has in the Agvet Code of Western Australia except that —
(a) despite section 5(4) of that Code, it includes a substance or mixture of substances that is —
(i) prepared in accordance with the instructions of a veterinarian by a person registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession; or
(ii) prepared by a veterinarian,
in the course of the practice, by the person preparing the substance or mixture of substances, of that person's profession; and
(b) it does not include a prescribed substance;
wholesale means to sell to another person for the purposes of sale by that other person.
(2) Where a meaning is assigned to any term by this section cognate expressions used in this Act, unless a contrary or other intention appears, have a corresponding meaning.
(3) For the purposes of Part VA —
(a) a reference in that Part or in regulations made for the purposes of that Part, to an owner of stock includes a reference to a person who is in charge of the husbandry of stock on a property; and
(b) it is to be presumed that stock, or a carcass, intended for sale to a market to which that Part applies has been treated with a prescribed substance unless a declaration has been made under this Act that the stock, or the carcass, has not been treated with a prescribed substance.
(4) A reference in this Act to a stock product treated with a veterinary chemical product is to be taken to be a reference to a stock product from stock treated with a veterinary chemical product.
[Section 5 amended: No. 54 of 1981 s. 2; No. 20 of 1993 s. 6; No. 3 of 1995 s. 39; No. 9 of 1998 s. 23; No. 76 of 2004 s. 5 and 27(1); No. 35 of 2010 s. 159; No. 19 of 2021 s. 237(2)‑(4).]
Part II — Exemptions, prohibitions and construction
6. Application
(1) This Act applies —
(a) to all animal feeding stuffs, not being basic feed to which no other thing is added, and whether contained in a mixture or compound or otherwise, including bulk consignments; and
(b) to prescribed substances; and
(c) subject to subsection (4), to veterinary chemical products,
produced in or imported into the State and sold in the State whether by wholesale or retail.
[(2) deleted]
(3) The objects of Part VA are —
(a) to make provision for the control and regulation of certain substances that are intended to promote growth in —
(i) cattle; or
(ii) any other animal prescribed as an animal to which that Part applies;
and
(b) for that purpose, to regulate the sale to a market to which that Part applies of stock, or the carcasses of stock, which have been or are declared not to have been treated with a substance of that kind.
(4) If there is, in respect of veterinary chemical products, an inconsistency between this Act and the Agricultural and Veterinary Chemicals (Western Australia) Act 1995, that Act is to prevail to the extent of the inconsistency.
[Section 6 amended: No. 20 of 1993 s. 7; No. 3 of 1995 s. 40 and 56; No. 9 of 1998 s. 23; No. 76 of 2004 s. 6 and 27(2).]
7. Exemptions by Order
The Governor may by Order in Council declare that this Act, or any provision of this Act specified in the Order, shall not apply to any veterinary chemical product or to any animal feeding stuff, or to any stock, stock product or carcass, either generally or when sold in any specified circumstances or quantities or part of the State, or which is intended to be used solely for research purposes, and may by subsequent Order in Council from time to time revoke or vary such Order in Council.
[Section 7 amended: No. 20 of 1993 s. 8; No. 76 of 2004 s. 7 and 27(3).]
8. Prohibition
(1) The Governor, on the recommendation of the Minister, may make regulations to prohibit the sale of any animal feeding stuff or any substance which may be used as an ingredient thereof, either —
(a) absolutely; or
(b) except upon and subject to such conditions, restrictions and limitations and for such period or periods as the Governor considers desirable in the public interest,
having regard to the potentially harmful nature of the substance and the need —
(c) to evaluate its toxic or deleterious nature; or
(d) to establish special procedures in its marketing; or
(e) to exercise special precautions in relation to its use.
(2) The Minister may, by notice served on the owner of the premises concerned, prohibit the use of any premises for the purposes of the production of any animal feeding stuff, or any kind or class of animal feeding stuff therein specified, for the purposes of sale.
[Section 8 amended: No. 3 of 1995 s. 56; No. 9 of 1998 s. 23.]
9. Act to be construed subject to certain laws
(1) This Act is in addition to, and not in derogation of, the following —
(a) the Health (Miscellaneous Provisions) Act 1911;
(b) the Food Act 2008;
(c) the Medicines and Poisons Act 2014;
(d) the Public Health Act 2016.
(2) If and to the extent that there is an inconsistency between this Act, or any regulations made under this Act, and any of the Acts referred to in subsection (1) or any regulations made under any of those Acts, those Acts and regulations prevail.
[Section 9 inserted: No. 19 of 2016 s. 335.]
10. Administration
(1) Subject to the Minister and to the provisions of this Act the Director shall be responsible for the administration of this Act.
(2) The Minister may give directions in writing to the Director with respect to the performance of any function under Part VA, either generally or in relation to a particular matter, and the Director shall give effect to any such direction.
(3) The Director shall ensure that the text of any direction given under subsection (2) is to be included in the annual report submitted by the accountable authority of the Department of Agriculture under Part 5 of the Financial Management Act 2006.
[Section 10 amended: No. 20 of 1993 s. 9; No. 45 of 2005 s. 45; No. 77 of 2006 s. 17.]
Part III — Control of production and sales
11. Unhygienic production etc. of animal feeding stuffs
(1) A person who produces, holds or stores any animal feeding stuff for the purposes of sale in a manner that is unsanitary or is otherwise not in accordance with the regulations commits an offence against this Act.
(2) The owner or occupier of any premises that are unsanitary or that otherwise do not comply with the regulations commits an offence against this Act.
[Section 11 inserted: No. 9 of 1998 s. 19.]
[12. Deleted: No. 9 of 1998 s. 23.]
13. Prohibition on sale of prohibited products and substances, and use of certain premises
(1) A person who sells any animal feeding stuff or substance which is at the time of such sale a product or substance the sale of which is prohibited, or prohibited in relation to the conditions under which such sale took place, commits an offence against this Act.
(2) A person who produces any animal feeding stuff in premises the use of which has been prohibited under this Act commits an offence against this Act.
Penalty: $4 000 or imprisonment for 12 months.
[Section 13 amended: No. 20 of 1989 s. 3; No. 3 of 1995 s. 56; No. 9 of 1998 s. 23.]
14. Sale of sub‑standard animal feeding stuff
(1) In this section —
sub‑standard animal feeding stuff means an animal feeding stuff —
(a) that does not comply with a grade or standard prescribed for that animal feeding stuff; or
(b) that contains an ingredient that does not comply with a grade or standard prescribed for that ingredient.
(2) A person who sells a sub‑standard animal feeding stuff commits an offence against this Act.
[Section 14 inserted: No. 9 of 1998 s. 20.]
Part IV — Control of use of veterinary chemical products
[Heading inserted: No. 76 of 2004 s. 8.]
15. Regulations relating to control of use of veterinary chemical products
(1) Regulations may be made under section 68 for the purposes of controlling the use of veterinary chemical products.
(2) Without limiting subsection (1), regulations referred to in that subsection —
(a) may prohibit, restrict or otherwise regulate the use of veterinary chemical products; and
(b) may have effect by reference to approved labels or to registration under Part 2 of the Agvet Code of Western Australia; and
(c) may provide for the duties and obligations of veterinarians or other persons in relation to the use of veterinary chemical products; and
(d) may provide for the keeping of records and a system of declarations or returns in relation to the use of veterinary chemical products, and for the verification of the information supplied; and
(e) may provide for the imposition of penalties, not exceeding $5 000, for offences against those regulations.
[Section 15 inserted: No. 76 of 2004 s. 8; amended: No. 19 of 2021 s. 237(5).]
Part V — Regulation of sale of certain stock, stock products and carcasses
[Heading inserted: No. 76 of 2004 s. 8.]
16. Regulations relating to sale of certain stock, stock products and carcasses
(1) Regulations may be made under section 68 for the purposes of prohibiting, restricting or otherwise regulating the sale of any stock, any stock product, or the carcass of any stock treated with a veterinary chemical product.
(2) Without limiting subsection (1), regulations referred to in that subsection —
(a) may have effect by reference to —
(i) a permit issued under section 114 of the Agvet Code of Western Australia; and
(ii) the instructions relating to the use of a veterinary chemical product given by a veterinarian in the course of the practice of the veterinarian's profession; and
(iii) in the case of a registered veterinary chemical product — any direction, instruction, caution, warning or recommendation on an approved label relating to the use of the veterinary chemical product;
and
(b) may provide for the imposition of penalties, not exceeding $5 000, for offences against those regulations.
[Section 16 inserted: No. 76 of 2004 s. 8; amended: No. 19 of 2021 s. 237(6).]
[17‑23. Deleted: No. 9 of 1998 s. 21.]
[24‑36. Deleted: No. 9 of 1998 s. 22.]
Part VA — Regulation of prescribed substances
[Heading inserted: No. 20 of 1993 s. 13.]
36AA. Term used: treated
In this Part —
treated, in relation to an animal, means that the animal has been treated with a prescribed substance.
[Section 36AA inserted: No. 76 of 2004 s. 9.]
36A. Regulations relating to prescribed substances
(1) Regulations may be made under section 68 for or with respect to —
(a) the application, or otherwise, of this Part in relation to —
(i) any substance; or
(ii) any particular market; or
(iii) any kind of animal;
and
[(b) deleted]
(c) the duties and obligations of persons who —
[(i), (ii) deleted]
(iii) treat stock with a prescribed substance;
(iv) own, hold, sell or purchase stock, which has been treated or declared to be not treated, or who are an agent for such a person;
(v) transport stock, or the carcass of any stock, which has been treated or declared to be not treated;
(vi) slaughter stock, or hold, sell, purchase or otherwise deal with the carcass of any stock, which has been treated or declared to be not treated;
and
(d) the treatment of stock with a prescribed substance; and
(e) the identification of unslaughtered stock which has been —
(i) treated; or
(ii) declared to be not treated,
to enable that stock to be distinguished from other stock; and
(f) the labelling or marking of slaughtered stock, or the carcass of any stock, to indicate that it has been treated or that it has been declared to be not treated, and of the containers and packages which are to be used to contain the carcass of any stock to indicate that the stock has been —
(i) treated; or
(ii) declared to be not treated,
respectively, in accordance with market requirements; and
(g) a system of declarations or returns —
(i) as to the use of prescribed substances; and
(ii) by persons who sell stock, or the carcass of any stock, which has been treated or is declared to be not treated,
and the verification of the information supplied; and
(h) the imposition of penalties, not exceeding $5 000, for offences against those regulations.
(2) The regulations which are made for the purposes of this Part may be made so as to apply also to and in relation to stock, being stock —
(a) which has been treated; or
(b) which an inspector has reasonable grounds to believe may have been treated; or
(c) which is declared to be not treated,
and is from another State or a Territory of the Commonwealth, or from a specified part of the State or of another State or of a Territory, and extend to acts done or omitted to be done outside the State.
[Section 36A inserted: No. 20 of 1993 s. 13; amended: No. 9 of 1998 s. 23.]
36B. Certain agreements void
(1) An agreement, whether made in the State or elsewhere, relating to the sale of stock in the State that purports to exclude the application of this Act is void.
(2) A person who agrees or purports to agree to sell stock under an agreement that is void by virtue of this section is guilty of an offence.
(3) An agreement, whether made in the State or elsewhere, relating to the sale of stock in the State that contains a provision to the effect that the stock are treated or declared to be not treated is voidable by the purchaser, unless the requirements imposed by —
(a) this Act; and
(b) any system of declarations or returns devised or approved by the Director under this Act in relation to a sale of that kind,
have been observed and are met.
(4) Notwithstanding any other law in force in the State, a purchaser under an agreement that is, by virtue of this section, void or voidable —
(a) is not prevented from making a claim with respect to damages suffered by the purchaser; and
(b) may recover any moneys paid under the agreement.
[Section 36B inserted: No. 20 of 1993 s. 13.]
[36C. Deleted: No. 9 of 1998 s. 23.]
36D. False statements as to prescribed substances
A person who makes, in, or in respect of, any declaration or return made or given for the purposes of this Part, a statement that is false or misleading in a material particular commits an offence against this Act.
Penalty: $5 000.
[Section 36D inserted: No. 20 of 1993 s. 13.]
Part VI — Inspection, sampling and analysis
37. Appointment of inspectors
(1) The Minister may appoint any person to be an inspector for the purposes of this Act.
(2) Every person appointed to be an inspector shall be furnished with a certificate in the prescribed form evidencing his appointment and shall produce the certificate whenever required so to do by any person in respect of whom he has exercised or is about to exercise any of his powers under this Act.
(3) Production of a certificate in the prescribed form is conclusive proof in any court of the appointment of the inspector to whom that certificate relates and of his authority to exercise the powers conferred upon an inspector.
(4) Where the appointment of a person under this section expires or is revoked, that person shall forthwith surrender the certificate furnished to him under this section to the Minister or, if the Minister by instrument in writing served on that person specifies another person to whom the certificate is to be surrendered, to that other person.
Penalty: $200.
[Section 37 amended: No. 20 of 1987 s. 3.]
38. Powers of entry, search and in relation to movement of stock
(1) For the purpose of ascertaining whether the provisions of this Act are being complied with an inspector may at any time —
(a) enter and search any land, building, premises or place which he has reasonable grounds for believing is used for or in connection with —
(i) the treatment of any stock with a veterinary chemical product or the holding of any stock, stock product or carcass of any stock which has or may have been treated with a veterinary chemical product; or
(ii) the production, importation, treatment, storage, preparation for sale, marketing, or sale of an animal feeding stuff or, for the purposes of Part VA, of any stock or carcass which has or may have been treated with a prescribed substance or has been declared to have been not treated with a prescribed substance;
and
(b) stop, enter and search any vehicle, ship, aircraft or other conveyance which he has reasonable cause for believing is used for, or in connection with, the transportation of an animal feeding stuff in the course of trade, sale or delivery or, for the purposes of Part IV, V or VA, of any prescribed substance or of any stock, stock product, or carcass of any stock which has or may have been treated with a veterinary chemical product, or of any stock or carcass of any stock which has or may have been treated with a prescribed substance or has been declared to have been not treated with a prescribed substance, and for that purpose may detain any such conveyance; and
(c) break open and search any box or other packaging, or any receptacle (including any thing that could be used as a receptacle); and
(ca) for the purposes of Part IV or V, stop, or order, the movement of any stock, stock product or carcass; and
(d) for the purposes of Part VA, stop, or order, the movement of any stock or carcass.
(2) In the exercise of his powers under this section an inspector shall conform so far as is practicable to such reasonable requirements of the person owning or using the premises or conveyance as are necessary to prevent the working of the business or the use of the conveyance being obstructed.
(3) An inspector may take with him such other persons as may be necessary to assist him in the proper exercise of his powers, and on leaving any unoccupied premises which he has entered shall leave them as effectively secured as he found them.
(4) A person who is admitted into or enters any factory or working place in pursuance of the provisions of this section and who discloses to any person any information obtained by him in the factory or working place with regard to any manufacturing process or trade secret, unless that disclosure is made in the performance of his duty under this Act, commits an offence against this Act.
Penalty: $3 000 or imprisonment for 12 months.
(5) If a justice of the peace is satisfied on oath by an inspector that —
(a) entry in exercise of the right conferred by subsection (1) has been refused; or
(b) there are reasonable grounds for suspecting that an offence under any of the provisions of this Act has been or is being committed in or in connection with any building or place of whatever description,
the justice may by warrant under his hand authorise any person named in the warrant together with any constable to enter and search that building or place, if necessary by force.
[Section 38 amended: No. 20 of 1989 s. 3; No. 20 of 1993 s. 14; No. 3 of 1995 s. 56; No. 9 of 1998 s. 23; No. 76 of 2004 s. 10.]
39. Supply of information
(1) An inspector may at any time require —
(a) any person —
(i) who is in possession of or the purchaser of any veterinary chemical product or animal feeding stuff; or
(ii) for the purposes of Part IV, V or VA, who the inspector has reasonable cause to believe may be in possession of or the purchaser of any prescribed substance or any stock, stock product, or the carcass of any stock which has been treated with a veterinary chemical product, or any stock, or the carcass of any stock, which has been treated with a prescribed substance or declared to be not treated with a prescribed substance,
to furnish him with his name and address and the name and address of the person from whom he obtained that product, prescribed substance, stock or carcass, to supply satisfactory evidence of an alleged purchase, and to produce for inspection any invoice, receipt, correspondence or other document, label or advertisement relating to that purchase;
(b) the seller of any animal feeding stuff, or for the purposes of Part IV, V or VA any person who the inspector has reasonable cause to believe to be a seller of any stock, stock product, or the carcass of any stock which has been treated with a veterinary chemical product, or any stock, or the carcass of any stock, which has been treated with a prescribed substance or declared to be not treated with a prescribed substance, to furnish him with the name and address of the purchaser, to supply further information relative to the matter, and to produce for inspection any book, document or advertisement relating to that sale;
(c) the production by any other person of any accounts, books, invoices, advertisements or other documents relating to a sale to which this Act applies;
(d) a person found in possession of any prohibited substance or a substance which is for the purposes of Part VA a prescribed substance or of anything which the inspector has reasonable grounds for believing to be an ingredient intended for use in a prohib
