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Compliance Update and Class Determinations

Compliance Update

Lindane
MAF Enforcement Unit is in the process of preparing a prosecution of an organisation charged with illegally importing lindane and using it for the growth, on leased land, of produce destined for export to Europe. The importation, sale and use of lindane was banned by the Pesticides Board in 1992 following restrictions on its importation to limit stocks in the country.

Fertex
The appeal in the High Court by Colby Corp against the Animal Remedies Board for not licensing the injectable zinc oxide product Fertex was withdrawn by Colby Corp after three days of testimony by witnesses for Colby Corp. No witnesses for the Animal Remedy Board were called.

The civil injunction against Mr R Pickering remains in force until 6 July 2000. The injunction requires that Mr Pickering be prevented for breaching Regulation 3 of the Animals Protection (Code of Ethical Conduct) Regulations 1987, concerning manipulating animals in the course of experimentation, section 40(2) of the Animal Remedies Act 1967 concerned with sale of unlicensed animal remedies, and section 40(5) of the Animal Remedies Act relating to use of an unlicensed animal remedy knowing it is not licensed. Mr Pickering is appealing the judgement to apply the injunction. Papers are in preparation for alleged breaches of the injunction.

Class Determinations

The ACVM Act allows for an agricultural compound or veterinary medicine to be placed into a number of specific classes. These classes have been described in some detail in previous AgVetLink articles and publications, all of which are available on our website.

The ACVM Group has developed a discretionary ‘Class Determination Service’, which would enable an applicant to obtain from the Group a determination regarding the appropriate class for their trade name product. Although this service was developed specifically with the impending ACVM Act in mind, the ACVM Group has implemented the service under existing legislation. The rationale for this decision is that the ACVM Group frequently undertakes ‘determinations’ on trade name products, e.g. providing a determination service to Border Control as to whether a trade name product is or is not an animal remedy or pesticide.

It is now the responsibility of the importer or agent to obtain from the ACVM Group a class determination for their product if Border Control is unable to verify the licensing/registration status of a product. If you have any questions regarding this service, please contact Customer Services Manager Maree Zinzley (phone: 04 460 8764 or email: zinzleym@maf.govt.nz).