Agricultural Compounds and Veterinary Medicines Act 1997

Reprint as at 24 June 2014

Agricultural Compounds and Veterinary Medicines Act 1997

Public Act1997 No 87
Date of assent21 November 1997
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.


Contents

Title

1 Short Title and commencement

Part 1
Preliminary

2 Interpretation

3 Act to bind the Crown

4 Purpose of Act

4A Scheme of Act

4B Border information supplied using JBMS must be supplied in approved form and manner

Part 2
Importation, 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 or group of products

32 Meaning of new information

32A Cancellation of registration

33 No compensation or damages for loss arising from certain changes

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 3
Powers 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 3A
Recognised agencies, persons, and classes of persons

44A Outline of this Part

44B Interpretation

Recognition of agencies, persons, and classes of persons

44C Recognition of agencies

44D Recognition of certain agencies without application

44E Recognition of persons

44F Recognition of certain persons without application

44G Recognition of classes of persons

44H Interrelationship between sections 44C to 44G

Recognition process

44I Application for recognition

44J Director-General may require further information

44K Proposal to refuse application to recognise agency, person, or class of persons

44L Proposal to exclude members, or categories of members, from recognition of class

44M Director-General may impose or vary conditions of recognition

44N Grant of recognition

44O Scope, effect, and transfer of recognition

44P Duration of recognition

44Q Renewal of recognition before expiry

44R Application for renewal of recognition

44S Substituted notice of recognition

44T Ongoing recognition fees, charges, or levies

Performance of specified functions and activities

44U Director-General may give directions on performance of specified functions and activities

44V Duties of recognised agencies

44W Duties of recognised persons

44X Recognised agency or person may act in other capacities

Suspension of recognition

44Y Suspension of recognition of recognised agency, recognised person, or recognised class

44Z Director-General may extend suspension of recognition

44ZA Method of suspension of recognition

44ZB Suspension does not limit other actions

Withdrawal of recognition

44ZC Withdrawal of recognition of recognised agency or recognised person

44ZD Withdrawal of recognition of recognised class

44ZE Method of withdrawal of recognition

Surrender of recognition

44ZF Surrender of recognition

44ZG Effective date of surrender of recognition

Public register of recognised agencies, recognised persons, and recognised classes

44ZH Public register of recognised agencies, recognised persons, and recognised classes to be kept

44ZI Contents of public register

44ZJ Inspection of public register

44ZK Removal from public register

Miscellaneous matters

44ZL Notification to category or class of persons

44ZM Means of consultation

44ZN Director-General may issue notices for certain matters

44ZO Director-General must consider exemption, waiver, or refund of fees

Part 4
Appeals

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 5
Offences

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 [Repealed]

63 Protection of ACVM officers, recognised agencies, 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 6
Protection 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 7
Miscellaneous 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 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 [Repealed]

85 Amendments to other Acts

86 Repeals and revocations

Part 8
Transitional provisions

[Repealed]

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

[Repealed]

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
Search warrant

[Repealed]

Schedule 2
Enactments amended

Schedule 3
Enactments repealed

Schedule 4
Regulations and orders revoked

Schedule 5
Regulations and orders continued in force

[Repealed]

Agricultural Compounds and Veterinary Medicines Amendment Act 2007

Agricultural Compounds and Veterinary Medicines Amendment Act 2012

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