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AgVetLink for PAR Traders September 2004

Potential confusion over terminology: ACVM and HSNO legislation

Many PAR products will also be ‘hazardous substances’ that must comply with controls imposed under the Hazardous Substances and New Organisms (HSNO) Act 1996. While the ACVM Group is working closely with ERMA New Zealand, the regulatory requirements are different under the Agricultural Compounds and Veterinary Medicines (ACVM) Act 1997.

Approved handler requirements

Most PAR products have not been transferred into the main framework of the HSNO Act. However, when they are transferred under the HSNO Act there may be ‘approved handler’ requirements relating to the safe handling of some products during transport, storage and sale. These are not matters that are managed under the ACVM Act and the approved handler requirement will be irrelevant to the ACVM regulatory requirements.The ACVM Group does not require traders in PAR products to be approved handlers under the ACVM Act.

Likewise, the ACVM Group is not going to require licensing or approval of persons using PAR products. When prescribing PAR products to be used by non-veterinarians, the prescribing veterinarian must be confident that the person is capable of using the products safely and only according to instruction. The ACVM Group considers this to be adequate management of these products. ERMA New Zealand has yet to decide if it will impose approved handler requirements on persons using particular PAR products.

Responsible persons versus persons in charge

The ACVM Group will require approved trading entities to specify the persons in their organisation responsible for particular trading activities. These will be called ‘responsible persons’. The responsibility relates specifically to the need to keep the products secure and to supply them only to persons holding a relevant veterinary prescription.

Under the HSNO Act there may have to be a person specified as the ‘person in charge’ who is responsible for ensuring that the products are transported, stored and handled safely. The ‘responsible person’ in regard to ACVM matters may or may not be the same person as the ‘person in charge’ in regard to HSNO matters.

Whether or not both responsibilities are placed with the same person, it must be remembered that the obligations are distinct under the two pieces of legislation.