Document ID: chunk:federal_register_of_legislation:C2024C00508:section:102
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 102
Character Range: 280869–283409

102  Recall of products in certain circumstances
 (1) If it appears to the APVMA that:
 (a) a chemical product may not meet the safety criteria, the trade criteria or the efficacy criteria; or
 (b) the constituents of stocks of a registered chemical product or of a particular batch of a registered chemical product differ by more than the prescribed extent from the constituents stated in relation to the product in the Register; or
 (c) the concentration of the constituents of stocks of a registered chemical product or of a particular batch of a registered chemical product differs by more than the prescribed extent from the concentration of the constituents stated in relation to the product in the Register; or
 (d) the composition or purity of any constituent of stocks of a registered chemical product or of a particular batch of a registered chemical product differs by more than the prescribed extent from the composition or purity of that constituent stated in relation to the product in the Register;
the APVMA may give written notice to any person (the notified person) who has, or has had, possession or custody in this jurisdiction of any of the stocks or of the batch, or of stocks or a batch of the product in containers to which the label is attached, as the case may be, requiring the notified person to do any one or more of the things mentioned in subsection (2).
 (2) The things that the notified person may be required to do under subsection (1) are as follows:
 (a) not to supply, or to stop supplying, any of those stocks or of that batch, either immediately or within a stated period;
 (b) to take any action stated in the notice that the notified person is reasonably capable of taking to recover stocks of the product or of that batch from any other person in this jurisdiction:
 (i) to whom the product or that batch has been supplied by the notified person; or
 (ii) who has possession or custody of any such stocks directly or indirectly because of a supply by the notified person;
 (c) to take any action that is stated in the notice, or that the notified person thinks necessary, to prevent or reduce any harmful effects that may have resulted from the use of the product;
 (d) to destroy, as stated in the notice, any of those stocks or any of that batch in the possession or custody of, or recovered by, the notified person in this jurisdiction or to deal with them as stated in the notice;
 (e) to report to the APVMA within a stated period on the action taken by the notified person under the notice.