Agricultural Compounds and Veterinary Medicines Act 1997

Part 5 Offences

55 Offences

(1)

Every person commits an offence against this Act who—

(a)

knowingly uses any agricultural compound in contravention of this Act; or

(b)

knowingly sells any agricultural compound in contravention of this Act; or

(ba)

knowingly manufactures any agricultural compound in contravention of this Act; or

(bb)

knowingly imports any agricultural compound in contravention of this Act; or

(c)

knowingly contravenes any conditions which apply to any trade name product registered under section 21 or section 27; or

(d)

knowingly contravenes any conditions which apply to any agricultural compound exempt from registration by regulations made under section 75; or

(da)

knowingly contravenes any conditions of an approval given under section 8B or 8C; or

(db)

knowingly imports, manufactures, sells, or uses a product while that product’s registration is suspended under section 30A, unless allowed to do so by a condition or requirement imposed under section 30A(2); or

(dc)

knowingly contravenes or fails to comply with a condition or requirement imposed under section 30A(2); or

(dd)

knowingly fails to comply with a direction given under section 30A(7); or

(de)

knowingly contravenes the requirements of any recall notice issued under section 35G; or

(e)

knowingly sells any animal, plant, or primary produce that has been treated with, or exposed to, any agricultural compound that is not imported, manufactured, sold, or used in accordance with the provisions of this Act; or

(f)

knowingly makes a false representation that any agricultural compound is registered as a trade name product in accordance with section 21 or section 27 or is an agricultural compound and is exempt from registration in accordance with regulations made under section 75; or

(g)

knowingly possesses any agricultural compound which has not been cleared for entry into New Zealand in accordance with section 6; or

(h)

knowingly contravenes or knowingly permits a contravention of a prohibition notice issued in accordance with section 65; or

(i)

knowingly contravenes an order given in accordance with section 64(2)(d); or

(j)

knowingly supplies false or misleading information to the Director-General or an ACVM officer under this Act; or

(k)

knowingly supplies false or misleading information in support of an application under this Act; or

(l)

knowingly withholds relevant information from an ACVM officer or person assisting an ACVM officer.

(1A)

Every person commits an offence against this Act who, in contravention of an order made under section 57A(2), or in contravention of such an order as varied under section 57A(4), imports, manufactures, sells, or uses any trade name product or agricultural compound.

(2)

Every person commits an offence against this Act who—

(a)
[Repealed]

(b)
[Repealed]

(c)

personates or falsely represents himself or herself to be an ACVM officer, a recognised agency, or a recognised person; or

(d)

without reasonable excuse obstructs or hinders an ACVM officer, a recognised agency, or a recognised person in the exercise or performance of any functions, powers, or duties conferred or imposed by or under this Act; or

(e)

interferes with any samples taken or tests carried out for the purposes of this Act.

(3)

Every veterinarian commits an offence who knowingly fails to provide any client with information to prevent the occurrence, in any primary produce from any animal treated with an agricultural compound, of residues of that compound which contravene any requirements of the Dairy Industry Act 1952, the Meat Act 1981, the Animal Products Act 1999, or the Food Act 2014 or any regulations or notices in force under those Acts.

(4)

Every person commits an offence against this Act who—

(a)

contravenes any provision of any regulations made under this Act:

(b)

contravenes any provision of sections 98, 99, 100, 102, 114, 116, and 117.

(5)

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this section ends on the date that is 4 years after the date on which the offence was committed.

Section 55(1)(ba): inserted, on 18 October 2007, by section 30(1) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1)(bb): inserted, on 18 October 2007, by section 30(1) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1)(da): inserted, on 18 October 2007, by section 30(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1)(db): inserted, on 18 October 2007, by section 30(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1)(dc): inserted, on 18 October 2007, by section 30(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1)(dd): inserted, on 18 October 2007, by section 30(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1)(de): inserted, on 18 October 2007, by section 30(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1)(i): amended, on 18 October 2007, by section 30(3) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1)(j): inserted, on 18 October 2007, by section 30(3) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1)(k): inserted, on 18 October 2007, by section 30(3) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1)(l): inserted, on 18 October 2007, by section 30(3) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(1A): inserted, on 18 October 2007, by section 30(4) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(2)(a): repealed, on 18 October 2007, by section 30(5)(a) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(2)(b): repealed, on 18 October 2007, by section 30(5)(a) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(2)(c): amended, on 31 August 2012, by section 12(1) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2012 (2012 No 58).

Section 55(2)(c): amended, on 18 October 2007, by section 30(5)(b) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(2)(d): amended, on 31 August 2012, by section 12(2)(a) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2012 (2012 No 58).

Section 55(2)(d): amended, on 31 August 2012, by section 12(2)(b) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2012 (2012 No 58).

Section 55(2)(d): amended, on 18 October 2007, by section 30(5)(b) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).

Section 55(3): amended, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).

Section 55(3): amended, on 1 November 1999, by section 8(1) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).

Section 55(5): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).