Reprint as at 18 October 2007
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
The Agricultural Compounds and Veterinary Medicines Act 1997 is administered by the New Zealand Food Safety Authority.
Title
1 Short Title and commencement
Part 1Preliminary
2 Interpretation
3 Act to bind the Crown
4 Purpose of Act
4A Scheme of Act
Part 2Importation, manufacture, and sale of agricultural compounds
Importation
5 Imported agricultural compounds to be cleared for entry into New Zealand
6 Agricultural compound clearance
7 Declaration
7A Uncleared or unauthorised goods
8 Prohibition on sale, use, manufacture, or import of agricultural compound
8A Exemptions from requirement to register
8B Director-General may list as exempt substances generally recognised as safe
8C Director-General may approve agricultural compound as exempt in special circumstances
Registration of agricultural compounds
9 Application for registration
10 Form of application
11 Additional information
12 Director-General to withhold information
13 Notification of application to Minister and departments
14 Notification of application
15 Waiver of notification
16 Time limits and waivers
17 Submissions on applications
18 Submissions to be forwarded to applicant
19 Relevant risks and benefits
20 Evaluation of risks and benefits
21 Decision on application
22 Term of registration
23 Conditions on trade name products
24 Register of agricultural compounds
25 Certificate of registration
26 Application for provisional registration
27 Decision on application for provisional registration
28 Director-General may approve operating plans
29 Reassessment of trade name products
30 Reassessment of provisional registration
30A Suspension of registration
31 Director-General may prohibit or restrict product
32 Meaning of new information
33 No compensation or damages following reassessment of trade name product or revocation or amendment of approval
34 Transfer and surrender of registration
35 Rights of registrant
Certificates of compliance for agricultural compounds
35A Director-General may issue certificates of compliance
35B Form and content of certificate of compliance
35C Obtaining of certificate of compliance
35D Certificate of compliance may be withdrawn, and reissued
35E Persons authorised to issue certificates of compliance
35F No Crown liability
Recall of agricultural compound
35G Recall of agricultural compound
Part 3Powers of Director-General and Minister
36 Powers and functions of Director-General
37 Delegation by Director-General [Repealed]
38 Policy directions
39 Minister's power to call in applications with significant effects
40 Notification of Minister's direction
41 Board of inquiry
42 Investigation by Board of Inquiry
43 Board of Inquiry to report to Minister
44 Minister to decide application and notify decision
Part 4Appeals
45 Appeals
46 Appeal on question of law
47 Notice of appeal
48 Right to appear and be heard on appeal
49 Parties to appeal
50 Orders of High Court
51 Additional appeals on points of law
52 Extension of time
53 Date of hearing
54 Appeals to Court of Appeal
Part 5Offences
55 Offences
56 Penalties
57 Revocation of registration or approval
57A Power to prohibit person from importing, manufacturing, selling, or using trade name product or agricultural compound
58 Liability of employers and principals
59 Liability of directors and officers of bodies corporate
60 Appointment of ACVM officers
61 Appointment of authorised persons [Repealed]
62 Appointment of recognised persons
63 Protection of ACVM officers and recognised persons
64 Powers of entry for inspection
65 ACVM officers may issue prohibition notices
66 Compliance with prohibition notices
67 Matters may be completed by different ACVM officers
68 Appeals against prohibition notices
69 Issue of search warrants
70 Powers of entry with warrant
71 Disposal of property seized
Part 6Protection of certain confidential information about innovative agricultural compounds
72 Interpretation
73 Protection of confidential supporting information about innovative agricultural compounds
74 Circumstances where protection under section 73 does not apply
Part 7Miscellaneous provisions
75 Regulations
76A Director-General may set specifications and other detailed requirements
76 Recommendation of Order in Council
77 Warranties
77A Right of review of registration decisions made under delegated authority
78 Consultation before making of Orders in Council
79 Relationship to other Acts
80 Correction of errors
Cost recovery
81 Principles of cost recovery
81A Methods of cost recovery
81B Cost recovery to relate generally to financial year
81C Three-yearly review of cost recovery
81D Fees and charges to be prescribed by regulations
81E Regulations may impose levies
81F Trust accounts required to be kept by persons collecting levies
81G Other charges not requiring to be prescribed
81H Exemptions, waivers, and refunds
81I Fees, levies, and charges to constitute debt due to Director-General
81J Penalties for failure to pay fee, levy, or charge
81K Obligation to pay fee, levy, or charge not suspended by dispute
81L Levy regulations to be confirmed
82 Prohibition of importation or manufacture by registrant for non-payment of fees [Repealed]
83 Debt due to the Crown [Repealed]
Amendments, repeals, and revocations
84 Amendment of Schedule 1
85 Amendments to other Acts
86 Repeals and revocations
Part 8Transitional provisions
General
87 Interpretation [Repealed]
88 Regulations relating to transitional provisions [Repealed]
89 Transitional provisions for certain agricultural compounds in use at commencement of Act [Repealed]
90 Transitional provisions for inspectors [Repealed]
91 Application for registration made before commencement of Act [Repealed]
92 Continuation of registration [Repealed]
Animal remedies
[Repealed]
93 Applications for licences made before commencement of Act [Repealed]
94 Continuation of licences [Repealed]
95 Exemption from Act [Repealed]
96 Continuation of Animal Remedies Board [Repealed]
97 Registrar of Animal Remedies [Repealed]
98 Prescription animal remedies [Repealed]
99 Labelling [Repealed]
100 Containers for animal remedies [Repealed]
101 Warranties [Repealed]
102 Advertisements [Repealed]
103 Register of licences [Repealed]
104 Correction of errors [Repealed]
105 Loss or destruction of licence [Repealed]
106 Reissue of licence [Repealed]
107 Revocation or suspension of licences [Repealed]
108 Variation of particulars [Repealed]
109 Information protected under Part 2A of Animal Remedies Act 1967 [Repealed]
110 Regulations to continue to apply [Repealed]
111 Transfer of assets of Animal Remedies Board [Repealed]
Pesticides
112 Application of sections 113 to 122 [Repealed]
113 Continuation of sale and use of pesticide [Repealed]
114 Registration subject to restricted use [Repealed]
115 Experimental use permits [Repealed]
116 Labelling [Repealed]
117 Advertisements [Repealed]
118 Review of registration [Repealed]
119 Warranties [Repealed]
120 Pesticides register [Repealed]
121 Information protected under Part 2A of Pesticides Act 1979 [Repealed]
122 Regulations to continue to apply [Repealed]
Schedule 1
Schedule 2Enactments amended
Schedule 3Enactments repealed
Schedule 4Regulations and orders revoked
Schedule 5Regulations and orders continued in force
Agricultural Compounds and Veterinary Medicines Amendment Act 2007
Reprint notes
An Act to reform and restate the law relating to agricultural compounds, and to repeal—
(a) The Stock Foods Act 1946; and
(b) The Fertilisers Act 1960; and
(c) The Animal Remedies Act 1967; and
(d) The Fertilisers Act 1982
BE IT ENACTED by the Parliament of New Zealand as follows: