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The ACVM Group has had a number of compliance incidents reported recently. The following issues currently under investigation are summarised to help readers understand compliance requirements.

• Incorrect/unregistered claims on labelling and advertising
  Claims published in advertisements must not exceed those that have been approved during the licensing of the trade name product.
  
  
• Products being sold/advertised that are not approved under the ACVM Act 1997
  No advertisement may be published for a trade name product that is not approved, or that is subject to a provisional licence or experimental use permit.
  
  
• The requirement to register glucosamine products
  All products that contain glucosamine must be registered if they are intended for use as a veterinary medicine.
  
  
• Incorrect packaging
  At present, all pack sizes must be approved before they can be sold/advertised. Should an applicant wish to include an additional pack size under their registration, a Type C3 – Additional Pack Size application should be lodged with the ACVM Group.
  
  
• Illegal manufacture
  A compliance investigation has recently been undertaken regarding bulk product being used to fill empty containers. It is illegal to tamper with and re-pack sealed trade name products as approved by the ACVM Group. The practice of re-filling containers has implications on the stability as well as efficacy of the product. It also limits traceability – if there is no batch number on the container, recalling containers affected would be impossible.
  
  It should be noted by companies that, in relation to any agricultural compound, 'manufacture' includes all the following aspects: acquiring materials, making up, preparing, producing or processing, filling, and assessing the trade name product for release. It also includes the packing and labelling of an agricultural compound in a container for the purposes of sale.
  
  Such manufacturers should be advised to, and are subject to approval by, the ACVM Group. Approval of a new manufacturer can be gained through a type C2 – Additional Manufacturer application. The forms and data requirements for this type of application are available from the ACVM Group website: www.maf.govt.nz/acvm/ .

Illegal sale of unregistered or non-compliant agricultural compounds

The ACVM Group advises all parties (in particular retailers) that, among other things, it is an offence to knowingly:

• sell any agricultural compound in contravention of the ACVM Act; or
• contravene any conditions (including labelling specifications and promotion of products) that apply to any registered trade name product; or
• contravene any conditions that apply to any agricultural compound exempt from registration by regulations.

Similar offences are specified in the Animal Remedies and Pesticides Acts.

The ACVM Group is in the process of investigating the sale and use of unlicensed or unregistered products and products that are being promoted in a manner that is not consistent with the licence or registration of the products. Prosecution may be taken if the products are being sold in contravention to the relevant Acts or the licences/registrations issued under the Acts. Retailers may be liable even if they are selling products that are being inappropriately promoted by some other party.

In the first instance the ACVM Group will advise people who are inadvertently selling unregistered products or products that are being promoted inappropriately to advise them that the products should not be sold. (The ACVM Act also allows for prohibition notices covering manufacture, sale or use.) If, after being advised, a person continues to sell the products, then they may be prosecuted.