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AgVetLink July 2003 - Special Issue for Registrants

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Important notice to all registrants – IVS

During the investigation of a possible residue violation, the ACVM Group has found that the publication IVS, published by Havas MediMedia (NZ) Ltd, is not providing the most up to date information regarding the use conditions for a product. This means that registrants may be ‘advertising’ incorrect information to prescribing veterinarians in possible breach of the ACVM Act. This is of serious concern to the New Zealand Food Safety Authority (NZFSA) because we are aware that many prescribing veterinarians rely heavily on this publication for advice.

The situation that we were investigating involved a product that was not for use in food producing animals likely to be exported to the European Union. Use was limited to pigs and poultry, but there was a comment in IVS about use on calves that we consider is misleading.

In addition, products requiring registration in New Zealand have been ‘advertised’ in IVS in possible breach of the ACVM Act.

The ACVM Group understands that registrants provide the information to IVS. Registrants are advised that any incorrect information is likely to constitute an offence under section 55 of the ACVM Act. It is an offence to knowingly sell any agricultural compound in contravention of the ACVM Act.

Veterinarians following such advice would also be in contravention of the ACVM Act as would farmers using the product. Where there are violative residues found in product, both the prescribing veterinarian and the farmer concerned may have recourse against the registrant for the advice provided.

We would urge all registrants to check the information shown in IVS regarding your products and the conditions of registration, and provide advice to both veterinarians and to IVS so that the opportunity for error is minimised.

If similar information is provided by registrants to other publications or if the information is shown on websites, then information should be checked and updated as needed.

The ACVM Group has advised the editors of IVS of our concerns.

 

Border controls

There are now several hundred MAF Quarantine Services (MQS) staff trained and warranted as ACVM Act inspectors at the border. Under the ACVM Act only product cleared by an inspector may be imported into New Zealand.

MQS uses the ACVM list of registered products (and the approved label where it exists) from the website ( http://www.nzfsa.govt.nz/acvm/registers-lists/acvm-register/index.htm) to confirm the registration status of a product. This list is updated every fortnight and is searchable by registrant, trade name, registration number or active ingredient (or any part thereof).

If the product does not appear on the list of registered products, the importer is required to present an original copy of an ACVM ‘class determination’ letter showing that the product is exempt from registration requirements under the ACVM Act. A class determination is valid for two years from the date of issue.

The NZFSA Compliance and Investigation Group (CIG) is soon to undertake a ‘slice of life’ audit of the border process on behalf of the ACVM Group to help determine what is working well and what is not. Recommendations from an earlier audit have suggested that there should be a level of physical checking implemented at the border in the future. The outcome of the current audit and recent investigations will be used to develop an audit programme.

A recent non-compliance investigation has revealed that there may have been illegal importations of unregistered products into New Zealand in breach of the ACVM Act. As an interim measure, all shipments to and from the companies identified in the investigation are being stopped and physical checks made of the contents. This activity is cost recovered on a time and materials basis under the ACVM Act at $121.50 per hour inclusive of GST. The costs are payable by the importer.

The ACVM Group is also considering the application of the Regulation making powers in the ACVM Act to develop a list of prohibited substances that will be applied at the border. This list will be in Regulation and will go through the usual consultation process. At this stage we expect that substances such as DDT and Lindane, both of which have had no registered ‘ACVM’ uses for some time, will appear on the list.