This content is current only at the time of printing. This document was printed on 24 June 2021. A current copy is located at http://www.plural-consulting.com/node/12851
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Section 99 notices
The APVMA can require a person to give information, produce documents or arrange for the analysis of chemical substances by issuing a section 99 notice. This notice is issued when we believe it necessary to protect the health and safety of humans, animals, plants, the environment, or to prevent significant prejudice to trade or commerce between Australia and other countries.
The APVMA issues section 99 notices via registered post or through the engagement of a process server. The notice will contain a due date which will allow a reasonable period of time to comply.
Under subsection 99(5) of the Agvet Code, if you receive a section 99 notice, you must comply with it. Failure to do so may result in committing an offence to which strict liability applies.
What is a section 99 notice?
A notice issued under section 99 of the Agvet Code may require you to give information or documents to the APVMA about:
- the constituents of the substance or mixture
- the concentration of the constituents of the substance or mixture
- the formulation type of the substance or mixture
- the composition or purity of a constituent of the substance or mixture
- the name of each manufacturer of the substance or mixture
- the address of each site at which the substance or mixture is manufactured
- the packaging or labelling of the substance or mixture
- advertising material related to the substance or mixture
- any other prescribed information or documents.
How to comply
You can comply with the notice by submitting the required information and documents, or arranging for the analysis.
The APVMA will:
- acknowledge receipt of the information
- keep the materials you have provided until we no longer have a need for them
- make copies of, or take extracts from, any documents provided
- use the information for the purposes of administering or enforcing the Agvet Code, including investigating offences under the Agvet Code
- arrange to return the documents or items to you once we no longer have need of them.
While we have your documentation, arrangements can be made for you to inspect or view them if you need to.
Cost and timeframe
The section 99 notice will generally require you to meet any costs entailed in providing the information, documents or arranging and performing the analysis.
You must follow the instructions in the notice within the specified timeframe.
Withdrawal of a notice
We can withdraw a section 99 notice at our discretion.