§ 189 — Definitions for Part 11

189.—(1) In this Part and sections 303, 313 and 314 —“accepted”, in relation to a feed control plan, means such a plan which the Agency last accepts under this Part;

“active constituent”, in relation to a proposed or existing plant pesticide product, means the substance that is, or one of the substances that together are, primarily responsible for the biological or other effect identifying the product as a plant pesticide;

“animal feed production licensee” means the holder of an animal feed production licence;

“application”, for an animal feed production licence or an appointment as a certified pesticide operator, means an application for or to renew the animal feed production licence or appointment, as the case may be;

“approved label”, in relation to a registered plant pesticide product, means any label approved under section 205(2)(a) for or in respect of the plant pesticide product;

“constituent”, in relation to plant pesticide product, means any constituent of the product (whether an active constituent or not) and includes a chemical or a living thing (other than a human or part of a human);

“container” includes anything by which or in which a plant pesticide or an animal feed is, or is to be, covered, enclosed, contained or packaged, but does not include a container (such as a shipping container) in which other containers of plant pesticides or animal feed are, or are to be, placed for the purpose of being transported;

“feed control plan” means a plan identifying how an animal feed production licensee will carry on the production of animal feed in the course of a business with reference to all or any of the following matters as the Agency considers relevant:(a)

the knowledge, skill, health and hygiene requirements for the people involved in producing the animal feed;

(b)

the details of the animal feed produced and the feed production processes involved;

(c)

the design, construction, maintenance and cleanliness of the following used, or intended to be used, for the production of the animal feed:(i)

the premises (including layout, fittings and fixtures) at which animal feed is produced;

(ii)

the plant or equipment used to produce animal feed;

(iii)

the conveyances used to transport animal feed;

(d)

the systematic identification of the potential hazards that may be reasonably expected to occur in each operation that is to be, or that is being, carried out in the course of producing the animal feed;

(e)

how and where each hazard identified under paragraph (d) can be controlled and the means of control;

(f)

the systematic monitoring of those controls in paragraph (e), and the appropriate corrective action when each hazard identified under paragraph (d) is found not to be under control;

(g)

the procedures and practices established by the licensee so as to monitor and ensure the compliance by the animal feed production licensee, and the employees or workers of the licensee, with —(i)

the requirements of this Act with respect to the licensee’s production of animal feed;

(ii)

any applicable standard as is applicable to the licensee’s production of animal feed;

(iii)

the conditions of the animal feed production licence, if granted; and

(iv)

the accepted feed control plan;

(h)

the keeping of records which are sufficient to allow the Agency, an authorised officer or a food inspector to assess whether the accepted feed control plan has been complied with;

“keep”, in relation to a plant pesticide, means —(a)

have possession or be in control of the plant pesticide, such as (but not limited to) keeping within any container owned or in the care, control or management of, the person so keeping;

(b)

have the plant pesticide in the control or management of another person, including storing it with that other person; or

(c)

drive or otherwise operate (even by remote control) any conveyance conveying or otherwise carrying the plant pesticide,

and includes exhibit;

“meets the labelling criteria”, for a plant pesticide product, has the meaning given by section 207;

“non‑target plant”, in relation to the use of a plant pesticide product, means any plant that is not specified on the approved label for or in the application for registration of the product as being a plant in respect of which the product may be used;

“pest”, in relation to a plant, means any invertebrate, plant or other living thing (other than a human) that injuriously affects or is capable of injuriously affecting the physical condition, worth or utility of the firstmentioned plant;

“prescribed pesticide work” means the carrying out of any of the following kinds of activities in such circumstances, or by such means, as may be prescribed (if any) by the pesticide control regulations:(a)

the supply or use of plant pesticides for a fee or reward;

(b)

the piloting or use of aircraft in connection with the supply or use of plant pesticides (whether or not for a fee or reward);

(c)

the carrying on of a business involving any of the activities referred to in paragraph (a) or (b), including the employment or engagement of individuals to carry out any of those activities for that business;

“produce”, as a verb in relation to any animal feed, includes all or any of the following:(a)

the breeding or rearing of animals for the purpose of feeding them directly to any food producing animal;

(b)

the hydrolysing, heating, mixing or blending together of any substances to make the animal feed for sale;

(c)

the storing, packing or labelling of unpackaged animal feed for sale;

“registered”, in relation to a plant pesticide product, means registered or deemed registered under this Part but not when the registration of the plant pesticide product is not in force;

“relevant instruction”, for a plant pesticide product, means an instruction that relates to any of the following matters:(a)

any restriction (however expressed) as to the use of the plant pesticide product (for example, a direction not to use the product for any purpose, or in any manner, contrary to the approved label unless authorised by written law);

(b)

the situation in which the use of the plant pesticide product is permitted (for example, the type of crop);

(c)

the pest to be controlled by the plant pesticide product;

(d)

the rate, concentration, frequency or timing, number, volume, or other similar limitation, in respect of which the plant pesticide product may or may not be used;

(e)

the equipment by means of which the plant pesticide product may be used;

(f)

the preparation and mixing of the plant pesticide product;

(g)

withholding periods;

(h)

any restraints on the use of the plant pesticide product (for example, weather conditions, entry to treated areas, distance restrictions);

(i)

the protection of livestock, crops, wildlife or non‑target plants;

(j)

the protection of the environment;

(k)

avoidance of spray drift or vapour movement;

(l)

storing or disposal of the plant pesticide product;

(m)

safety directions and other human‑health related matters;

(n)

expiry dates or dates in which use is permitted;

(o)

any other matter that may be prescribed by the pesticide control regulations;

“residue”, in relation to an active constituent for a proposed or existing plant pesticide product, or in relation to a plant pesticide product, means any remains, persisting in or on any particular premises (including a plant, crop or pasture in those premises in relation to which the product was used), of —(a)

the active constituent, or the active constituents in the plant pesticide product; or

(b)

any derivatives, metabolites, or degradation products, of the active constituent or of the active constituents in the plant pesticide product;

“withholding period”, in relation to the use of a plant pesticide product, means the minimum period that needs to elapse between —(a)

the last use of the product in relation to a crop; and

(b)

the harvesting or cutting of the crop,

in order to ensure that the residues from the plant pesticide product fall to or below the maximum limit that the pesticide control regulations permit.

(2) For the purposes of this Part, a plant pesticide continues to be regarded as a plant pesticide even when it is mixed with some other substance (whether or not the other substance is a plant pesticide).

—(1) In this Part and sections 303, 313 and 314 —“accepted”, in relation to a feed control plan, means such a plan which the Agency last accepts under this Part;

“active constituent”, in relation to a proposed or existing plant pesticide product, means the substance that is, or one of the substances that together are, primarily responsible for the biological or other effect identifying the product as a plant pesticide;

“animal feed production licensee” means the holder of an animal feed production licence;

“application”, for an animal feed production licence or an appointment as a certified pesticide operator, means an application for or to renew the animal feed production licence or appointment, as the case may be;

“approved label”, in relation to a registered plant pesticide product, means any label approved under section 205(2)(a) for or in respect of the plant pesticide product;

“constituent”, in relation to plant pesticide product, means any constituent of the product (whether an active constituent or not) and includes a chemical or a living thing (other than a human or part of a human);

“container” includes anything by which or in which a plant pesticide or an animal feed is, or is to be, covered, enclosed, contained or packaged, but does not include a container (such as a shipping container) in which other containers of plant pesticides or animal feed are, or are to be, placed for the purpose of being transported;

“feed control plan” means a plan identifying how an animal feed production licensee will carry on the production of animal feed in the course of a business with reference to all or any of the following matters as the Agency considers relevant:(a)

the knowledge, skill, health and hygiene requirements for the people involved in producing the animal feed;

(b)

the details of the animal feed produced and the feed production processes involved;

(c)

the design, construction, maintenance and cleanliness of the following used, or intended to be used, for the production of the animal feed:(i)

the premises (including layout, fittings and fixtures) at which animal feed is produced;

(ii)

the plant or equipment used to produce animal feed;

(iii)

the conveyances used to transport animal feed;

(d)

the systematic identification of the potential hazards that may be reasonably expected to occur in each operation that is to be, or that is being, carried out in the course of producing the animal feed;

(e)

how and where each hazard identified under paragraph (d) can be controlled and the means of control;

(f)

the systematic monitoring of those controls in paragraph (e), and the appropriate corrective action when each hazard identified under paragraph (d) is found not to be under control;

(g)

the procedures and practices established by the licensee so as to monitor and ensure the compliance by the animal feed production licensee, and the employees or workers of the licensee, with —(i)

the requirements of this Act with respect to the licensee’s production of animal feed;

(ii)

any applicable standard as is applicable to the licensee’s production of animal feed;

(iii)

the conditions of the animal feed production licence, if granted; and

(iv)

the accepted feed control plan;

(h)

the keeping of records which are sufficient to allow the Agency, an authorised officer or a food inspector to assess whether the accepted feed control plan has been complied with;

“keep”, in relation to a plant pesticide, means —(a)

have possession or be in control of the plant pesticide, such as (but not limited to) keeping within any container owned or in the care, control or management of, the person so keeping;

(b)

have the plant pesticide in the control or management of another person, including storing it with that other person; or

(c)

drive or otherwise operate (even by remote control) any conveyance conveying or otherwise carrying the plant pesticide,

and includes exhibit;

“meets the labelling criteria”, for a plant pesticide product, has the meaning given by section 207;

“non‑target plant”, in relation to the use of a plant pesticide product, means any plant that is not specified on the approved label for or in the application for registration of the product as being a plant in respect of which the product may be used;

“pest”, in relation to a plant, means any invertebrate, plant or other living thing (other than a human) that injuriously affects or is capable of injuriously affecting the physical condition, worth or utility of the firstmentioned plant;

“prescribed pesticide work” means the carrying out of any of the following kinds of activities in such circumstances, or by such means, as may be prescribed (if any) by the pesticide control regulations:(a)

the supply or use of plant pesticides for a fee or reward;

(b)

the piloting or use of aircraft in connection with the supply or use of plant pesticides (whether or not for a fee or reward);

(c)

the carrying on of a business involving any of the activities referred to in paragraph (a) or (b), including the employment or engagement of individuals to carry out any of those activities for that business;

“produce”, as a verb in relation to any animal feed, includes all or any of the following:(a)

the breeding or rearing of animals for the purpose of feeding them directly to any food producing animal;

(b)

the hydrolysing, heating, mixing or blending together of any substances to make the animal feed for sale;

(c)

the storing, packing or labelling of unpackaged animal feed for sale;

“registered”, in relation to a plant pesticide product, means registered or deemed registered under this Part but not when the registration of the plant pesticide product is not in force;

“relevant instruction”, for a plant pesticide product, means an instruction that relates to any of the following matters:(a)

any restriction (however expressed) as to the use of the plant pesticide product (for example, a direction not to use the product for any purpose, or in any manner, contrary to the approved label unless authorised by written law);

(b)

the situation in which the use of the plant pesticide product is permitted (for example, the type of crop);

(c)

the pest to be controlled by the plant pesticide product;

(d)

the rate, concentration, frequency or timing, number, volume, or other similar limitation, in respect of which the plant pesticide product may or may not be used;

(e)

the equipment by means of which the plant pesticide product may be used;

(f)

the preparation and mixing of the plant pesticide product;

(g)

withholding periods;

(h)

any restraints on the use of the plant pesticide product (for example, weather conditions, entry to treated areas, distance restrictions);

(i)

the protection of livestock, crops, wildlife or non‑target plants;

(j)

the protection of the environment;

(k)

avoidance of spray drift or vapour movement;

(l)

storing or disposal of the plant pesticide product;

(m)

safety directions and other human‑health related matters;

(n)

expiry dates or dates in which use is permitted;

(o)

any other matter that may be prescribed by the pesticide control regulations;

“residue”, in relation to an active constituent for a proposed or existing plant pesticide product, or in relation to a plant pesticide product, means any remains, persisting in or on any particular premises (including a plant, crop or pasture in those premises in relation to which the product was used), of —(a)

the active constituent, or the active constituents in the plant pesticide product; or

(b)

any derivatives, metabolites, or degradation products, of the active constituent or of the active constituents in the plant pesticide product;

“withholding period”, in relation to the use of a plant pesticide product, means the minimum period that needs to elapse between —(a)

the last use of the product in relation to a crop; and

(b)

the harvesting or cutting of the crop,

in order to ensure that the residues from the plant pesticide product fall to or below the maximum limit that the pesticide control regulations permit.

(2) For the purposes of this Part, a plant pesticide continues to be regarded as a plant pesticide even when it is mixed with some other substance (whether or not the other substance is a plant pesticide).