ACVM Act Transition

Transition of Products Under the New Legislation

AVMAC and the Animal Remedies and Pesticides Boards have considered and supported an ACVM Group paper covering the considerations, likely timing and approach to the transition of products to the new legislation.

Where products are to be registered under the ACVM Act or approved under the HSNO Act, the transition of groups of products will be done by regulation during the three year transition period. The ACVM Group plans to identify groups of products (for example, clostridial vaccines) that are unlikely to breach HSNO thresholds and, after getting agreement from AVMAC and the Boards, to transition these products as soon as possible.

Products that are currently registered or licensed but fall into one of the new ‘exempt from the requirement for registration’ categories are likely to be a high priority for proprietors. It is recognised that, while these products might be exempt agricultural compounds, they will remain licensed animal remedies or registered pesticides until there is some action taken to change their status. The mechanism that will be used to confirm the status of these products will be a class determination done at the request of the applicant. Where there is no request from an applicant, products will be treated as part of the transition project and done later in the transition period as time permits.

If a currently registered product is not defined as an agricultural compound under the ACVM Act (for instance, ‘home garden’ products or herbicides not marketed for use in an ‘agricultural context’) they must remain registered under the Pesticides (or Animal Remedies) Act until they are transitioned to the HSNO Act. Any such products cannot be imported, manufactured, sold or used legally if the registration is cancelled during the transition period.

The background paper as presented to AVMAC and the Boards is available on the ACVM part of the website under Publications/Information Papers/ACVM processes.

No Transition for Provisional Licences or Experimental Use Permits

Products that have provisional licences under the Animal Remedies Act or experimental use permits under the Pesticides Act will not be transitioned across to the ACVM and/or HSNO Acts. All ‘provisionals’ have an expiry period of three years or less and will lapse during the transition period (three years from the date of implementation of the ACVM Act).

It is possible to get extensions to provisional licences or experimental use permits during the transition period for the Animal Remedies and Pesticides Acts, but the ACVM Group will ensure that these do not extend past the end of the transition period to avoid the likelihood of any ‘illegal’ products being used.

Any new applications for provisional registration received during the transition period will be made under the ACVM Act and the HSNO Act, if appropriate.

Upgrade of Experimental Use Permits – Limited Sale
Experimental Use Permits – Limited Sale (EUP LS) that are still current may be upgraded to full registration (under the Pesticides Act) during the transition period provided the required amount of information is provided with the application. In all other cases, the application for a full registration during the transition period will be done under the ACVM Act and, if appropriate, the HSNO Act.