Compulsory recall of Zinsser Mould Stop Primer after manufacturer loses legal battle

19 December 2017

Chemical manufacturer, Rust-Oleum Australia Pty Ltd, is pulling all stocks of Zinsser Mould Stop Primer from the market after a compulsory recall notice from the Australian Pesticides and Veterinary Medicines Authority (APVMA) was upheld by the Administrative Appeals Tribunal (AAT).

In October 2016, the APVMA issued the recall notice for the unregistered product, Zinsser Mould Stop Primer. Rust-Oleum then sought an appeal of the decision with the AAT.

During its review, the tribunal ordered a stay on the recall and the product continued to be sold in stores.

In November 2017, the AAT handed down its decision supporting the APVMA’s compulsory recall.

APVMA Chief Executive Officer, Dr Chris Parker, said the regulator was pleased the recall was going ahead after being stalled during a year-long appeal by the manufacturer.

 “Rust-Oleum must stop supplying the product to any person immediately,” Dr Parker said.

“They must also contact all current and previous stockists and suppliers to arrange the return of all product on the shelves.

 “As the regulator, we need to be assured that products in the market are safe and effective and for those that meet the legal definition of an agricultural product, it means they’ve been through our scientific assessment and registration processes.

“Zinsser Mould Stop Primer meets the definition of an agricultural product. The company should have allowed us to properly assess the product for registration, but it didn’t and so we took action.

“It’s disappointing that Rust-Oleum’s appeal led to an unregistered product remaining on the market for over a year.”

Consumers who have bought Zinsser Mould Stop Primer are advised to contact the retailer they purchased the product from for further information about the recall and returns.

The APVMA publishes information about compulsory and voluntary recalls on our website at apvma.gov.au.

Learn more about voluntary and compulsory recalls.

Fast facts

  • The APVMA issued a compulsory recall notice to Rust-Oleum Australia Pty Ltd (Rust-Oleum) pursuant to section 101 of the Agvet Code relating to all pack sizes of its product Zinsser Mould Stop Primer (Containing: 4,5-Dichloro-2-N-Octyl-3(2h)-Isothiazolone, 1.23 G/L) on 10 October 2016.
  • The recall notice requires Rust-Oleum to immediately stop supplying Zinsser Mould Stop Primer to the market. It must also issue a letter to Australian distributors and retailers who currently, or previously stocked or held the product requesting they return the product to Rust-Oleum.
  • On 17 October 2016 Rust-Oleum lodged an appeal against APVMA’s decision with the AAT. The AAT ordered a stay on the recall while it deliberated the case.
  • On 10 November 2017 the AAT made its determination affirming the APVMA’s compulsory recall decision. Following a 28 day appeal period, Rust-Oleum was given until 5 December 2017 to comply with the notice.
  • The APVMA assessed the product in 2016 confirming it was a biocide, an agricultural chemical and therefore required registration.

Read more about the compulsory recall of Rust-Oleum’s Zinsser Mould Stop Primer products.

Further information: Roanna Dawson | Director, Public Affairs | 0467 726 486 | media@apvma.gov.au

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