Agricultural Compounds and Veterinary Medicines Act 1997

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Part 1
Preliminary

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Accredited person means a person for the time being appointed as an accredited person under section 62

    Advertisement means any publication to the community or to any section of the community of any words, whether written, printed, spoken, or in any electronic form, or of any pictorial representation or design or device, used to promote the sale of any agricultural compound; and to advertise has a corresponding meaning

    Agricultural compound means any substance, mixture of substances, or biological compound, used or intended for use in the direct management of plants and animals, or to be applied to the land, place, or water on or in which the plants and animals are managed, for the purposes of—

    • (a) Managing or eradicating pests, including vertebrate pests; or

    • (b) Maintaining, promoting, or regulating plant or animal productivity and performance or reproduction; or

    • (c) Fulfilling special nutritional requirements; or

    • (d) The manipulation, capture, or immobilisation of animals; or

    • (e) Diagnosing the condition of animals; or

    • (f) Preventing or treating conditions of animals; or

    • (g) Enhancing the effectiveness of an agricultural compound used for the treatment of plants and animals; or

    • (h) Marking animals;—

    and includes any veterinary medicine, any substance, mixture of substances, or biological compound used for post-harvest pest control or disinfestation of raw primary produce, and any substance, mixture of substances, or biological compound declared to be an agricultural compound for the purposes of this Act by Order in Council made under subsection (2)

    Agricultural security means the exclusion, eradication, and effective management of—

    • (a) Pests:

    Animal means any living stage of any member of the animal kingdom except human beings

    Authorised person means a person for the time being appointed as an authorised person under section 61

    Authorised place means any place where an inspector has authorised an imported agricultural compound to be held; and includes any transitional facility under the Biosecurity Act 1993

    Biological compound means any agricultural compound that is—

    • (a) A preparation of animal origin; or

    • (b) A bacterial or viral vaccine, whether living or not; or

    • (c) A virus, mycoplasma, or other micro-organism, whether living or not; or

    • (d) A product of a virus, mycoplasma, or other micro-organism, or any substance manufactured for the purpose of having the same action as a product of a virus, mycoplasma, or other micro-organism:

    Code of practice means any document issued or approved in accordance with section 28

    Container includes anything in or by which an agricultural compound may be cased, covered, enclosed, contained, or packed; and, in the case of any agricultural compound sold or carried or intended for sale in more than one container, includes every such container

    Craft means any form of aircraft, ship, or other vehicle or vessel capable of being used to transport any agricultural compound to or from New Zealand or from or to any country outside New Zealand

    Director-General means the chief executive of the Ministry of Agriculture

    Hazardous substance has the same meaning as in the Hazardous Substances and New Organisms Act 1996

    Import means bring or cause to be brought into New Zealand territory from outside that territory; and imported has a corresponding meaning

    Inspector means a person for the time being appointed as an inspector under section 60

    Label, in relation to any agricultural compound or any container used to contain an agricultural compound, means any written, pictorial, or other descriptive matter under which the compound is sold or to be sold and which purports to give some information about the compound

    Manufacture, in relation to any agricultural compound, means to make up, prepare, produce, or process the agricultural compound; and includes the packing of an agricultural compound in a container for the purposes of sale

    Marae includes the area of land on which all buildings such as the wharenui (meeting house), the wharekai (dining room), ablution blocks, and any other associated buildings are situated

    Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    New organism has the same meaning as in the Hazardous Substances and New Organisms Act 1996

    Person includes the Crown, a corporation, and a body of persons (whether corporate or unincorporated)

    Pest

    • (a) Includes any unwanted living organism including micro-organisms, pest agents, and any genetic structure that is capable of replicating itself (whether that structure comprises all or only part of an entity, and whether it comprises all or only part of the total genetic structure of an entity) that may affect plants, animals, or raw primary produce; and

    • (b) Includes any entity declared to be a pest for the purposes of this Act by Order in Council made under subsection (2):

    • (c) Does not include—

      • (i) Any human being or living organism which affects only human beings; and

      • (ii) Any living organism declared not to be a pest for the purposes of this Act by Order in Council made under subsection (2):

    Pest agent has the same meaning as in section 2(1) of the Biosecurity Act 1993

    Place includes any building, conveyance, craft, land, or structure

    Prescribed means prescribed by regulations made under this Act

    Primary produce includes any plant or animal, or any derivative of any plant or animal, intended for sale

    Registered means registered under section 21 or section 27

    Registrant means, in relation to a registered trade name product, the person who applied to register that product or the person to whom a registration is transferred

    Regulations means regulations in force under this Act

    Risk includes any costs or potential costs

    Sale includes barter, and also includes offering, exposing, or attempting to sell, or having in possession for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale; and also includes—

    • (a) Delivering or disposing of by way of gift, loan, or otherwise; and

    • (b) Giving or distributing, in the course of business, as a sample or otherwise, without charge:

    Trade name product means an agricultural compound identified and packaged under a trade name for a specified use or uses

    Use, in relation to any agricultural compound, includes its use in such a way that animals, plants, or raw primary produce are exposed to it

    Veterinarian means a person for the time being registered as a veterinarian or a specialist within the meaning of section 4 of the Veterinarians Act 2005

    Veterinarian: this definition was amended, as from 22 December 2005, by section 105 Veterinarians Act 2005 (2005 No 126) by substituting the words veterinarian or a specialist within the meaning of section 4 of the Veterinarians Act 2005 for the words veterinary surgeon under the Veterinarians Act 1994.

    Veterinary medicine means any substance, mixture of substances, or biological compound used or intended for use in the direct management of an animal

    Working day means any day except—

    • (a) A Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's Birthday, and Waitangi Day; and

    • (b) A day in the period commencing on 20 December in any year and ending with 15 January in the following year.

    (2) The Governor-General may from time to time, by Order in Council, declare—

    • (a) Any substance to be an agricultural compound; or

    • (b) Any entity to be a pest; or

    • (c) Any entity not to be a pest—

    for the purposes of this Act.

    (3) Every Order in Council made under subsection (2) is deemed to be a regulation for the purpose of the Regulations (Disallowance) Act 1989.