Agricultural Compounds and Veterinary Medicines Act 1997 No 87 (as at 18 October 2007), Public Act

27 Decision on application for provisional registration
  • (1) The Director-General must consider any application made under section 26 and must identify, in accordance with section 19(a), (ab), (b), (c), and (d), the risks likely to be caused by provisionally registering the trade name product.

    (2) The Director-General must provisionally register the trade name product if—

    • (a) the provisional registration will enable the product's use—

      • (i) for the purpose of obtaining further information on it in order to determine whether it should be registered under section 21; or

      • (ii) in research that does not have as a purpose the registration of the product in New Zealand; and

    • (b) in the Director-General's opinion, the risks of using the product can be adequately managed by imposing conditions on the provisional registration that—

      • (i) ensure that neither the product nor any animals, plants, or primary produce to which it has been applied or exposed are sold, released, or used in any way for purposes other than those for which the provisional registration is granted; and

      • (ii) ensure that the product and any animals, plants, or primary produce to which it has been applied or exposed are disposed of in a way that minimises the risks from it.

    (3) Every trade name product provisionally registered under this section must be registered for a fixed time sufficient only to achieve the purpose of the registration.

    (4) The Director-General may extend the time of provisional registration if, in his or her opinion, an extension is necessary to achieve the purpose of the registration.

    (5) Every trade name product provisionally registered under this section must be registered with the conditions necessary to achieve the purposes of the provisional registration.

    (6) The Director-General may cancel the provisional registration if, in the Director-General's opinion, the risks are not being adequately managed by the conditions imposed.

    (7) Where a trade name product contains an agricultural compound that is also a hazardous substance or new organism, the Director-General must not provisionally register that trade name product under this section unless an approval for that substance or organism has been issued under the Hazardous Substances and New Organisms Act 1996.

    Section 27(1): amended, on 18 October 2007, by section 20 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

    Subsection (2) was substituted, as from 15 November 2000, by section 4(1) Agricultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50).

    Subsection (5) was amended, as from 15 November 2000, by section 4(2) Agricultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50) by substituting the words the provisional registration for the expression subsection 2(a) and (b).