New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 94E

94E Actions required by recall notice

For section 94C(1)(e), a recall notice may require a supply chain participant who is subject to the notice to do any of the following--

(a) stop supplying the substance, or a particular batch of the substance, immediately or within a specified time,

(b) take action to recover the substance from another person and return the substance to--

(i) the supply chain participant's premises, or

(ii) another specified location,

(c) take specified action in relation to the substance, including--

(i) sampling, testing, remediating or disposing of the substance, or

(ii) moving the substance to a specified location,

(d) give information and records to the EPA about--

(i) who the supply chain participant has supplied the substance to, and

(ii) the supply chain for the substance,

(e) if the substance cannot be recalled from a person who has received a supply of the substance--take specified actions, including the following--

(i) securing the substance at its current location,

(ii) taking action or giving information to the person to prevent or minimise the likelihood of the substance causing harm to human health or the environment,

(f) publish, in a form approved by the EPA--

(i) warnings that the substance is being recalled on the basis of 1 or more of the grounds referred to in section 94B(a)-(d), and

(ii) other specified particulars, including the following--

(A) batch numbers or other identifying particulars of the substance,

(B) information about preventing or minimising the likelihood of the substance causing harm to human health or the environment,

(C) information about the recall of the substance,

(g) control the movement of the substance at premises used or controlled by the supply chain participant, including the following--

(i) isolating the substance from other substances,

(ii) securing, or restricting or preventing access to, the substance in place,

(iii) prohibiting the movement of the substance on the premises at which the substance is located or to other premises,

(h) not produce the substance for a specified period,

(i) report on compliance with the recall notice,

(j) if the supply chain participant has received supply or resupply of the substance--not supply the substance to another person,

(k) take the following action and provide evidence of the action taken--

(i) action to dispose of the substance at a facility that can lawfully receive the substance,

(ii) action to destroy the substance,

(l) another action prescribed by the regulations.