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Transfer of Trade Name Products to the ACVM Act 1997

The process of transferring trade name products to the ACVM Act is separate from the process of transferring to the HSNO Act. Non-agricultural compounds and agricultural compounds that are exempt under Regulations 4 and 5 of the Agricultural Compounds and Veterinary Medicines (ACVM) Regulations 2001 are not required to be transferred to the ACVM Act. There are currently three pathways available to transfer agricultural compounds that are licensed under the Animal Remedies Act or registered under the Pesticides Act to the new ACVM Act 1997. (These pathways are outlined on the reverse side of this sheet.)

(1) Pathway One: Non-hazardous substances

The ACVM Group can transfer non-hazardous agricultural compounds to the ACVM Act on receipt of the following:

• a request to transfer from the proprietor

• a declaration from the proprietor or a determination from ERMA New Zealand as to the non-hazardous status of the product to be transferred

• a completed Registration and Product Data Sheet. Because all pesticides are, by definition, hazardous substances this pathway can be used only for non-hazardous animal remedies.

(2) Pathway Two: Hazardous substances (post-HSNO transfer)

The ACVM Group can transfer hazardous agricultural compounds to the ACVM Act on receipt of the following:

• a request to transfer from the proprietor

• an approval from ERMA NZ

• a completed Registration and Product Data Sheet.

This pathway can be used only for trade name products that have received an appropriate approval from ERMA NZ. (To date, no currently licensed animal remedies or registered pesticides have obtained an ERMA NZ approval.)

(3) Pathway Three: Hazardous substances (pre-HSNO transfer)

The ACVM Group can transfer hazardous agricultural compounds to the ACVM Act on receipt of the following:

• a request to transfer from the proprietor

• a completed Registration and Product Data Sheet.

The ACVM Group and ERMA NZ have recently come to agreement on a broad interpretation of approval as required under section 21(5) of the ACVM Act. Essentially, under this agreement a product that is currently licensed under the Animal Remedies Act or registered under the Pesticides Act can be transferred to the ACVM Act provided that there is no change to that currently registered/licensed product.

(4) Proposed Pathway Four: Transfer of all trade name products to the ACVM Act

This proposed pathway would transfer all currently licensed/registered agricultural compounds to the ACVM Act by means of a short regulation process. For further information on this proposal, see ‘Transfer via regulations’ on page 6 of the October 2001 AgVetLink.