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Compliance under the ACVM Act

Anything legally being used as an animal remedy, stock food, fertiliser or pesticide prior to 2 July 2001 when the Agricultural Compounds and Veterinary Medicines (ACVM) Act 1997 commenced can be legally used for the three years of the transfer period to the new legislation (see page 2).

Any products that are required to be registered but were not registered or licensed prior to the July start date are illegal under the ACVM Act as of the date of commencement of that Act. The penalties for non-compliance have increased considerably under the ACVM Act – they are up to $30,000 for an individual and up to $150,000 for companies. Offences relate to illegal importation, manufacture, sale, advertising and use (including using a product other than as allowed for in the conditions).

If you are unsure of the status of your product, the ACVM Group offers a ‘class determination’ service to confirm that the product is:

• not an agricultural compound; or
• exempt from the requirement for registration subject to applicable codes of practice; or
• exempt from the requirement for registration subject to the prescribed standards (oral nutritional compounds and fertilisers); or
• exempt from the requirement for registration subject to conditions and reporting (partial annual fees are applicable to this group as specified in schedule 3 of the Agricultural Compounds and Veterinary Medicines Regulations 2001); or
• required to be registered but likely to fit the low risk requirements; or
• required to be registered.

Details of the information requirements, forms and the costs are available on the ACVM website ( www.maf.govt.nz/acvm ).