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Pre-screening...

during the pre-screen process for applications. The article also indicated that the inclusion of DPRs in all data packages received would become a requirement for applications received from 31 October 2000. As of 28 February 2001, we have noted that the majority of data packages submitted continue to omit these.

The lack of DPRs makes it very difficult for ACVM Group Technical Assessors to assess the data packages that are submitted and complicates the assessment of the whole application.

For that reason, as of 1 April 2001 all applications received that are not accompanied by an appropriate Data Package Review or Overall Applica-tion Summary will be considered to be incomplete and returned, and a new application will be required to register/license the product.

Brian O’Sullivan
National Manager, ACVM Approvals

Comparative Advertising

OIA requests

Recently the ACVM Group has had a number of Official Information Act requests concerning the release of  information in support of competitors’ claims.

There have also been challenges in the form of complaints to the Ombudsman where such requests have been refused. To date the Ombudsman has supported the decisions of the ACVM Group and the Board in question.

The Boards and the ACVM Group will continue to protect commercially sensitive data supplied in support of an application. Where there are requests for the supply of this infor-mation, it is our policy to contact the company who owns the data in order to confirm the status of the information supplied. Because there is only a limited time available for the response to be made, companies should understand the Official Information Act and be prepared to provide the rationale to support withholding of information in terms of the specific commercial sensitivity. It is not sufficient to claim that all data supplied are commercially sensitive as some data are clearly in the public domain.

Changes to laws

There have been recent changes to comparative advertising laws. To date there has not been any evidence of activity in the area of agricultural compounds and veterinary medicines but, if there is, it will significantly alter release of information to the public.

As soon as there is a claim that one product is better in some way than another, information in support of the claim (for all of the products con-cerned) is likely to become public information so that the basis for decisions and subsequent advertising claims can be judged.

This is likely to override any claims of commercial confidentiality.

Amendment of the Pesticides VPC Regulations

The ACVM Group is in the process of consulting with interested parties on the proposed amendments to the Pesticides (Vertebrate Pest Control) Regulations 1983.

The approach by the ACVM Group to the amendments is that they are predominantly internal measures that are necessary for the following reasons:

• to tidy up some administrative VPC operator licensing matters prior to the hand over to ERMA NZ;
• to provide increased assurances for the control of VPC toxins during the transitional period between control under the Pesticides Act and control under the HSNO Act; and
• to enable cost recovery for the management of the VPC operator licensing programme to be re-established at current actual levels.

Given that the target implementation date for the hazardous substances part of the HSNO Act and the ACVM Act is now early July 2001, it is necessary for the amendments of the VPC Regulations to be completed and notified in the Gazette before that date. If that does not occur, the amendments will not be saved during the transitional period. In collaboration with MAF Policy, a work plan has been developed to co-ordinate activities to meet the target deadline.