The following explanations are provided to update industry/licensees on the process(es)
that should be followed in order to license/vary an existing licence on a product during
the transition period following implementation of the ACVM Act.
The ACVM Act transition period is a period, initially of three years, during which time
most products that are registered or licensed under current legislation are
required to be ‘transitioned’ to the ACVM Act. (The transition process involves
the composition of regulations to effect the transitioning of groups of products. In most
cases, both the ACVM Group and ERMA New Zealand must pass their regulations
simultaneously.)
During the transition period anything that is legally being used as an agricultural
compound on the date of implementation of the ACVM Act can continue to be used legally
until the product is transitioned to the ACVM Act or until the end of the transition
period . This is true even if the product is not currently registered or licensed.
New applications for pesticides and animal remedies
Any new trade name product applications, including generic or ‘look-alike’
products and provisionals (A1, A2, B1 and B2 applications) that come in following the date
of implementation are required to be registered under the ACVM Act. They will require HSNO
approval where appropriate.
Variations
Products registered under the Pesticides Act 1979, Animal Remedies Act 1967 or under the
ACVM Act 1997 may be varied or altered during the transition period. Those that have not
been transitioned will have variations handled under the Pesticides Act or the Animal
Remedies Act as appropriate. Variations to products registered under the ACVM Act
(including those that have been transitioned) will be handled under the ACVM Act.
Currently registered products that are not agricultural compounds
There are some currently registered products that are not agricultural compounds, and they
will not be transitioned, e.g. home garden products. If these products are hazardous
substances, they will need to remain registered/licensed until they are transitioned into
the HSNO Act. They will be liable for annual fees and subject to compliance until
transition occurs.
Any products currently registered under the Pesticides Act 1979 that do not fit the
definition of an agricultural compound under the ACVM Act 1997 may be exempted
(classification of this will require a class determination).
Any products registered under the Animal Remedies Act 1967 that fall into the exempt
definitions under the ACVM Act 1997 will require a class determination before their
licences can be cancelled.
Provisional registrations
Provisionally registered products will not require transitioning as expiry times placed on
provisional licences and experimental use permits ensure that they will expire prior to
the end of the transition period. Applications for new provisional registrations
should be made under the ACVM Act 1997.
Fertilisers
The Fertilisers Acts 1960 and 1982 are repealed with no transition period. Most products
in this category will be exempted from registration subject to prescribed standards under
the ACVM Act. This will occur immediately upon implementation with no need for regulations
to effect the transition. Any fertilisers that are classified as hazardous substances will
become the responsibility of ERMA New Zealand.
Stockfoods
The Stockfoods Act 1946 is repealed with no transition period. Most products in this
category will be exempted from registration subject to the prescribed standard for oral
nutritional compounds (ONCs). This will occur immediately upon implementation with no need
for regulations to effect the transition. Any stockfoods that are classified as hazardous
substances will become the responsibility of ERMA New Zealand.
Further information and updates will be supplied in upcoming editions of AgVetLink. |
