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 Animal Products Act 22 August 2002 Harvest Declaration - Liability Response Dear Beekeeper Thank you for your letter regarding liability issues associated with the completion of the harvest declaration. Specifically you seek clarification around what liability issues arise should the declarations be found to be incorrect. Points (a) and (b) on the declaration form contain a knowledge requirement but (c) does not. This is because the beekeeper is responsible for the use of drugs in the hives and therefore this is something they would be expected to know. The other two would not always be directly within the beekeeper's control but are things that beekeepers could reasonably be expected to know. If it were discovered that information on the declaration was wrong, and an investigation was commenced into an offence against section 127, the state of mind of the beekeeper would be what was relevant. A beekeeper would not be liable for an offence just because the information provided turned out to be wrong, only if it could be proved that they intended to deceive for the purpose of obtaining material benefit or avoiding material detriment. The beekeeper could also presumably be liable for presenting non-complying animal material for processing. Offences for selling unsafe food would be relevant to the processor rather than the beekeeper. The Food Act 1981 places responsibility upon sellers of food to ensure that it is safe. Penalties of up to $100 000 can be imposed where instances of the sale of unsafe food occur. The Animal Products Act 1999 (s. 126 - 145) outlines penalties and liabilities for a range of offences. Fines of up to $500 000 can be imposed if a producer knowingly contravenes the Act (e.g. by deliberately completing a false declaration). Importantly, it is incumbent for producers to inform themselves of the risks associated with production and manage them accordingly. The harvest declaration is intended to assist with that process. I trust this is of some assistance. Yours faithfully
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