This content is current only at the time of printing. This document was printed on 15 December 2018. A current copy is located at https://apvma.gov.au/node/27171
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Compulsory recall notices
The APVMA may issue compulsory recall notices under the Agvet Code. This is a step we may take where we consider there is a need for our intervention based on risk, noncompliance with Agvet legislation or an absence of responsible product stewardship.
In addition to our responsibility to publish details of a compulsory recall notice in the Gazette, we will also be publishing details of all compulsory recall notices below.
Rust-Oleum Australia Pty Ltd
Rust-Oleum Australia Pty Ltd has been required to recall the chemical product listed below.
- Zinsser Mould Stop Primer (1 litre, 3.78 litre and 10 litre containers)—‘the product’
The recall is being conducted as the product is not registered with the APVMA.
The APVMA first contacted Rust-Oleum Australia Pty Ltd regarding this unregistered agricultural chemical product in July 2016.
On 10 October 2016, the APVMA issued a notice under section 101 of the Agvet Code that required Rust-Oleum Australia Pty Ltd to stop supply and recall the product at the retail level.
On 17 October 2016, the APVMA was notified by the Administrative Appeals Tribunal (AAT) that Rust-Oleum Australia Pty Ltd had appealed the APVMA’s decision. The AAT placed a stay on the APVMA’s decision and the product subsequently remained in the marketplace.
In March 2017, following an interlocutory stay hearing, the AAT lifted its stay on the requirement for Rust-Oleum Australia Pty Ltd to stop further supply of the product to the marketplace, but retained its stay on the requirement for Rust-Oleum Australia Pty Ltd to recall the product from retailers.
The Appeal hearing took place at the AAT in Melbourne on 18 April 2017.
On 10 November 2017, the AAT handed down its final decision. The AAT affirmed the APVMA’s decision of 10 October 2016 to issue Rust-Oleum Australia Pty Ltd with a notice under section 101 of the Agvet Code.
On 21 November 2017, the APVMA wrote to Rust-Oleum Australia Pty Ltd setting out requirements under the notice issued 10 October 2016, with effect from 5 December 2017.
Further information regarding the recall notice can be found in the APVMA Gazette (No.24) 28 November 2017.
People in possession of the product should direct any questions and/or concerns they may have regarding the compulsory recall to Rust-Oleum Australia Pty Ltd.