Document ID: chunk:federal_register_of_legislation:F2019L00652:reg:9
Version: federal_register_of_legislation:F2019L00652
Segment Type: reg
Provision Reference: reg 9
Character Range: 4060–6931

9               Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, poisoning from plants or fungi or death from poisoning from plants or fungi is connected with the circumstances of a person's relevant service:
(1)          ingesting, inhaling, injecting or having cutaneous, intradermal, mucosal or ocular exposure to a toxin from a plant or fungus within the seven days before the clinical onset of poisoning from plants or fungi;
            Note:  A toxin from a fungus includes a mycotoxin (such as aflatoxin) contaminating foodstuffs (such as alcohol, eggs, fruit, grains, herbs, honey, meat, milk and milk products, nuts and seeds).
(2)          consuming milk, milk products, eggs or meat within the two weeks before the clinical onset of poisoning from plants or fungi, where those products were from an animal that ingested a plant from the Specified List 1 of plants;
Note:  Specified List 1 of plants is defined in the Schedule 1 - Dictionary.
(3)          consuming honey within the two weeks before the clinical onset of poisoning from plants or fungi, where the honey was derived from plants containing a plant toxin from the specified list of plant toxins;
Note:  specified list of plant toxins is defined in the Schedule 1 - Dictionary.
(4)          for poisoning manifesting as delayed hepatotoxicity, delayed nephrotoxicity or delayed neurotoxicity only, ingesting, inhaling, injecting or having cutaneous, intradermal, mucosal or ocular exposure to a plant from the Specified List 2 of plants within the two years before the clinical onset of poisoning from plants or fungi;
Note:  Specified List 2 of plants is defined in the Schedule 1 - Dictionary.
(5)          for poisoning manifesting as delayed hepatotoxicity, delayed neurotoxicity or delayed thyrotoxicity only, consuming milk, milk products, eggs or meat within the two years before the clinical onset of poisoning from plants or fungi, where those products were from an animal that ingested a plant from the Specified List 3 of plants;
Note:  Specified List 3 of plants is defined in the Schedule 1 - Dictionary.
(6)          for poisoning manifesting as delayed hepatotoxicity only, consuming honey within the two years before the clinical onset of poisoning from plants or fungi, where the honey was derived from plants containing a pyrrolizidine alkaloid;
Note:  Examples of plants containing a pyrrolizidine alkaloid include, but are not limited to, Borago officinalis (borage), Crotalaria sagittalis (rattlebox), Cynoglossum officinale (hound's tongue), Echium plantagineum (Patterson's curse), Heliotropium europaeum (heliotrope), Senecio jacobaea (tansy ragwort) and Symphytum officinale (comfrey).
(7)          inability to obtain appropriate clinical management for poisoning from plants or fungi.