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Code of practice for own use of substances

Under Schedule 1 of the ACVM Regulations 2001 substances that are not trade name products can be used as agricultural compounds by persons treating their own animals or plants on their own land without registering the substances as trade name products. However, that use could cause harm. While those substances are not subject to registration, the person must still use them in a responsible manner,  adequately managing the risks posed by the use.

Because the exemption from  registration imposes a condition that the user must comply with an approved code of practice, MAF proposes the following code that states the expectation of responsible use without prescribing the manner.

1. The user must not:

• use any substance that is prohibited for use as an agricultural compound; or
• use any genetically modified organisms unless approved by ERMA NZ under the Hazardous Substances and New Organisms Act 1996; or
• experiment on animals with a substance without the appropriate animal ethics committee approval under the Animal Welfare Act 1999.

2. The user must not offer for sale any animals or plants for human consumption that would breach the domestic food residue standards, and must take due care to advise anyone who may harvest animals or plants for human consumption.

3. The user must take due care to avoid unnecessary pain and distress in animals intentionally exposed to a compound and animals that may inadvertently be exposed, and seek veterinary advice if animals continue to suffer pain or distress after treatment or exposure.

4. The user must ensure that the compound is fit for its purpose. From an ACVM perspective, compounds are fit for their purpose only if they do not do any of the following:

• produce residues in primary produce that fail to comply with applicable food residue standards set in or under any enactment;
• cause unnecessary pain or distress in animals due to toxic reactions or physical damage;
• result in malnutrition causing pain or distress in the animal, or result in undesirable physiological side-effects;
• contain micro-organisms at pathogenic levels or any other plant or animal pest that is likely to promote disease or pest transmission;
• have a selenium content that would result in the application of selenium as sodium selenate at a rate exceeding 10 grams per hectare.

5. Persons are obliged to:

• store, prepare, administer or apply, and dispose of the compound in a manner that does not expose themselves or other persons, stock or crops, or the environment in general to unnecessary hazards;
• protect the welfare of any animals that may come into contact with the compound and mitigate any pain or distress caused by the exposure;
• advise any likely third parties of any hazards to themselves or their property;
• where necessary, advise the appropriate officials of the use, and the time and place of administration or application;
• keep adequate records to show that due consideration was made of the matters above, and due care was taken to comply with them.

6. Where compounds are used by subordinate persons or employees on behalf of a person/organisation, the responsible person/organisation must provide written instructions that direct:

• how the compound is to be stored, prepared, administered or applied, and disposed of;
• how the welfare of any animals that may come into contact with the compound is to be protected and how pain or distress is to be mitigated;
• how third parties are to be contacted or advised of the use and warned of any hazards;
• how officials are to be advised of the use, and the time and place of administration or application.

They must also ensure that the subordinate persons or employees are appropriately trained and provided with whatever is needed to carry out the instructions safely.

Apart from the ACVM Act, people who use substances are also likely to be subject to statutory obligations under other legislation (i.e. Resource Management Act 1991, Health and Safety in Employment Act 1992, Hazardous Substances and New Organisms Act 1996, Animal Welfare Act 1999, Animal Products Act 1999, Dairy Industry Act 1952 and the Food Act 1981).

If you have any comments on the proposed code of practice please send them to:

Jenny Yee
MAF ACVM Group
PO Box 2526
WELLINGTON
phone: 04 460 8759
email: yeej@maf.govt.nz