- Print Friendly - Help

Previous page  | Contents |  Next page

Transfer via regulations

The ACVM Group wishes to develop regulations under subsections 88(a) and (b) of the ACVM Act. If regulations were made as proposed, the general effect would be:

• All animal remedies and pesticides would be regulated under the ACVM Act (rather than the Animal Remedies or Pesticides Acts) as soon as the licences or registrations were deemed to be ACVM registrations;
• Trade name products could continue to be imported, manufactured, sold or used under the same conditions (including the same approved labels) that applied to the animal remedy licences or pesticide registrations in effect just before transfer;
• The transitional provisions of the ACVM Act would no longer be relevant except in regard to applications lodged before 2 July 2001 if a licensing/registration decision had not been made prior to the commencement of the ACVM Act;
• There would be no requirement to obtain ERMA NZ approvals for substances prior to transfer;
• There would be no need to update the information on trade name products prior to transfer, but that information would have to be provided if a variation to a registration were requested or before 2 July 2004;
• After transfer, any variation to a registration would have to be processed under sections 21 or 27 of the ACVM Act with a consequential requirement to confirm the position of ERMA NZ in regard to a product.

Animal remedies

For animal remedies the regulations would in effect cancel all existing licences. Regulatory control would be maintained via the new ACVM registration. Because there are no transitional provisions in the HSNO Act for animal remedies, there is no need to retain licences to ensure that the products are covered.

Pesticides

However, pesticide registrations are important in regard to the transitional provisions of the HSNO Act. Therefore, to maintain the legal status of pesticides during the transition period, the old pesticide registrations would not be cancelled. They would remain valid but would become dormant, with regulatory control maintained via the new ACVM registrations. This would allow the products to be legally manufactured and sold until ERMA NZ transfers the relevant substances.

A brief public discussion document on the proposed regulations can be found on the ACVM Group website ( www.maf.govt.nz/acvm/ ).

Submissions on any aspect of the proposal should be sent before 1 November 2001 to:

Chris Boland
Special Advisor (Technical Policy)
ACVM Group
PO Box 2526, WELLINGTON
Email: bolandc@maf.govt.nz

Annual fees

All licensees/proprietors have been sent a list of all products that are currently licensed/registered as animal remedies/pesticides as at July 2001. As indicated in the letter sent out with the invoices, if you believe that any of your products on these lists are exempted from the requirement to be registered under the ACVM Act, then you need to apply for a class determination to confirm that status before your product will be removed from the official register.

Where companies have indicated that a product is to be cancelled from the list, a check against the ACVM Act Regulations will be undertaken before the cancellation is processed. Where these products fall into the categories listed under Schedule 3, the companies will be contacted.

It is expected that regulations to transfer products from the Animal Remedies Act and Pesticides Act will be completed for most products by July 2003. Until then annual fees are payable under the Animal Remedies Act ($300 plus GST) and under the Pesticides Act ($500 plus GST). Payments of annual fees are due to the ACVM Group by 20 October 2001.

If you have not received a list of your products or you have any questions, contact Sarah Smyth:
phone: 04 460 8753; fax: 04 460 8771; or email: smyths@maf.govt.nz