Agricultural Compounds and Veterinary Medicines Act 1997

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Version as at 28 October 2021

Coat of Arms of New Zealand

Agricultural Compounds and Veterinary Medicines Act 1997

Public Act
 
1997 No 87
Date of assent
 
21 November 1997
Commencement
 
see section 1(2)
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for Primary Industries.

Contents

Title
1Short Title and commencement
Part 1
Preliminary
2Interpretation
2ATransitional, savings, and related provisions
3Act to bind the Crown
4Purpose of Act
4AScheme of Act
4BBorder information supplied using JBMS must be supplied in approved form and manner
4CDuty to use JBMS to supply border information
Part 2
Importation, manufacture, and sale of agricultural compounds
Importation
5Imported agricultural compounds to be cleared for entry into New Zealand
6Agricultural compound clearance
7Declaration
7AUncleared or unauthorised goods
8Prohibition on sale, use, manufacture, or import of agricultural compound
8AExemptions from requirement to register
8BDirector-General may list as exempt substances generally recognised as safe
8CDirector-General may approve agricultural compound as exempt in special circumstances
Registration of agricultural compounds as trade name products
9Application for registration
10Form of application
11Additional information
12Director-General to withhold information
13Notification of application to Minister and departments
14Notification of application
15Waiver of notification
16Time limits and waivers
17Submissions on applications
18Submissions to be forwarded to applicant
19Relevant risks and benefits
20Evaluation of risks and benefits
21Decision on application
22Term of registration
23Conditions on trade name products
24Register of trade name products
25Certificate of registration
26Application for provisional registration
27Decision on application for provisional registration
28Director-General may approve operating plans
29Reassessment of trade name products
30Reassessment of provisional registration
30ASuspension of registration
31Director-General may prohibit or restrict product or group of products
32Meaning of new information
32ACancellation of registration
33No compensation or damages for loss arising from certain changes
34Transfer and surrender of registration
35Rights of registrant
Certificates of compliance for agricultural compounds
35ADirector-General may issue certificates of compliance
35BForm and content of certificate of compliance
35CObtaining of certificate of compliance
35DCertificate of compliance may be withdrawn, and reissued
35EPersons authorised to issue certificates of compliance
35FNo Crown liability
Recall of agricultural compound
35GRecall of agricultural compound
Part 3
Powers of Director-General and Minister
36Powers and functions of Director-General
37Delegation by Director-General [Repealed]
38Policy directions
39Minister’s power to call in applications with significant effects
40Notification of Minister’s direction
41Board of inquiry
42Investigation by Board of Inquiry
43Board of Inquiry to report to Minister
44Minister to decide application and notify decision
Part 3A
Recognised agencies, persons, and classes of persons
44AOutline of this Part
44BInterpretation
Recognition of agencies, persons, and classes of persons
44CRecognition of agencies
44DRecognition of certain agencies without application
44ERecognition of persons
44FRecognition of certain persons without application
44GRecognition of classes of persons
44HInterrelationship between sections 44C to 44G
Recognition process
44IApplication for recognition
44JDirector-General may require further information
44KProposal to refuse application to recognise agency, person, or class of persons
44LProposal to exclude members, or categories of members, from recognition of class
44MDirector-General may impose or vary conditions of recognition
44NGrant of recognition
44OScope, effect, and transfer of recognition
44PDuration of recognition
44QRenewal of recognition before expiry
44RApplication for renewal of recognition
44SSubstituted notice of recognition
44TOngoing recognition fees, charges, or levies
Performance of specified functions and activities
44UDirector-General may give directions on performance of specified functions and activities
44VDuties of recognised agencies
44WDuties of recognised persons
44XRecognised agency or person may act in other capacities
Suspension of recognition
44YSuspension of recognition of recognised agency, recognised person, or recognised class
44ZDirector-General may extend suspension of recognition
44ZAMethod of suspension of recognition
44ZBSuspension does not limit other actions
Withdrawal of recognition
44ZCWithdrawal of recognition of recognised agency or recognised person
44ZDWithdrawal of recognition of recognised class
44ZEMethod of withdrawal of recognition
Surrender of recognition
44ZFSurrender of recognition
44ZGEffective date of surrender of recognition
Public register of recognised agencies, recognised persons, and recognised classes
44ZHPublic register of recognised agencies, recognised persons, and recognised classes to be kept
44ZIContents of public register
44ZJInspection of public register
44ZKRemoval from public register
Miscellaneous matters
44ZLNotification to category or class of persons
44ZMMeans of consultation
44ZNDirector-General may issue notices for certain matters
44ZODirector-General must consider exemption, waiver, or refund of fees
Part 4
Appeals
45Appeals
46Appeal on question of law
47Notice of appeal
48Right to appear and be heard on appeal
49Parties to appeal
50Orders of High Court
51Additional appeals on points of law
52Extension of time
53Date of hearing
54Appeals to Court of Appeal
Part 5
Offences
55Offences
56Penalties
57Revocation of registration or approval
57APower to prohibit person from importing, manufacturing, selling, or using trade name product or agricultural compound
58Liability of employers and principals
59Liability of directors and officers of bodies corporate
60Appointment of ACVM officers
61Appointment of authorised persons [Repealed]
62Appointment of recognised persons [Repealed]
63Protection of ACVM officers, recognised agencies, and recognised persons
64Powers of entry for inspection
65ACVM officers may issue prohibition notices
66Compliance with prohibition notices
67Matters may be completed by different ACVM officers
68Appeals against prohibition notices
69Issue of search warrants
70Powers of entry with warrant
71Disposal of property seized
Part 6
Protection of confidential information about trade name products
Interpretation
72Interpretation
73Meaning of confidential information
74Meaning of protected period
Director-General must protect confidential information during protected period
74ADirector-General must protect confidential information during protected period
Protected periods for information about innovative trade name products
74BInnovative TNP application for full registration
74CInnovative TNP application for provisional registration
74DApplication to authorise new use or method of use
Protected periods for information about non-innovative trade name products
74ENon-innovative TNP application for full registration
74FNon-innovative TNP application for provisional registration
74GApplication to authorise new use or method of use
Director-General may disclose or use confidential information
74HDirector-General may disclose or use confidential information
Part 7
Miscellaneous provisions
75Regulations
76ADirector-General may set specifications and other detailed requirements
76Recommendation of Order in Council
77Warranties
77ARight of review of decisions made under delegated authority
78Consultation before making of Orders in Council
79Relationship with other Acts
80Correction of errors
Cost recovery
81Principles of cost recovery
81AMethods of cost recovery
81BCost recovery to relate generally to financial year
81CThree-yearly review of cost recovery
81DFees and charges to be prescribed by regulations
81ERegulations may impose levies
81FTrust accounts required to be kept by persons collecting levies
81GOther charges not requiring to be prescribed
81HExemptions, waivers, and refunds
81IFees, levies, and charges to constitute debt due to Director-General
81JPenalties for failure to pay fee, levy, or charge
81KObligation to pay fee, levy, or charge not suspended by dispute
81LLevy regulations are confirmable instruments [Repealed]
82Prohibition of importation or manufacture by registrant for non-payment of fees [Repealed]
83Debt due to the Crown [Repealed]
Amendments, repeals, and revocations
84Amendment of Schedule 1 [Repealed]
85Amendments to other Acts
86Repeals and revocations
Part 8
Transitional provisions
[Repealed]
General
[Repealed]
87Interpretation [Repealed]
88Regulations relating to transitional provisions [Repealed]
89Transitional provisions for certain agricultural compounds in use at commencement of Act [Repealed]
90Transitional provisions for inspectors [Repealed]
91Application for registration made before commencement of Act [Repealed]
92Continuation of registration [Repealed]
Animal remedies
[Repealed]
93Applications for licences made before commencement of Act [Repealed]
94Continuation of licences [Repealed]
95Exemption from Act [Repealed]
96Continuation of Animal Remedies Board [Repealed]
97Registrar of Animal Remedies [Repealed]
98Prescription animal remedies [Repealed]
99Labelling [Repealed]
100Containers for animal remedies [Repealed]
101Warranties [Repealed]
102Advertisements [Repealed]
103Register of licences [Repealed]
104Correction of errors [Repealed]
105Loss or destruction of licence [Repealed]
106Reissue of licence [Repealed]
107Revocation or suspension of licences [Repealed]
108Variation of particulars [Repealed]
109Information protected under Part 2A of Animal Remedies Act 1967 [Repealed]
110Regulations to continue to apply [Repealed]
111Transfer of assets of Animal Remedies Board [Repealed]
Pesticides
[Repealed]
112Application of sections 113 to 122 [Repealed]
113Continuation of sale and use of pesticide [Repealed]
114Registration subject to restricted use [Repealed]
115Experimental use permits [Repealed]
116Labelling [Repealed]
117Advertisements [Repealed]
118Review of registration [Repealed]
119Warranties [Repealed]
120Pesticides register [Repealed]
121Information protected under Part 2A of Pesticides Act 1979 [Repealed]
122Regulations to continue to apply [Repealed]
Schedule 1
Transitional, savings, and related provisions
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
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