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AgVetLink December 2003

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POLICY INTERPRETATION

Given the change in the regulatory agencies and marketplace, the ACVM Group considers that its present operational interpretation is no longer sustainable.

Under the new interpretation, which is still consistent with the purpose of the ACVM Act as stated in section 4, products used on any commercial crop will still be considered agricultural compounds. In addition, products used in the production of food or feed in any context (i.e. with any claims for a food or feed crop or claims for control of pests or weeds that could be associated with food or feed crops), including personal consumption as well as commercial sale, would be considered agricultural compounds subject to regulatory control under the ACVM Act.

The ACVM Group recognises that this change in operational interpretation is different from the public advice that has been provided by the Group since 1999.

Although this may cause some inconvenience to proprietors of home garden products who have been told that their products are not agricultural compounds, the ACVM Group considers that Government regulatory arrangements and market developments are sufficient to reconsider the original interpretation.

Applications to register or to update registrations must be lodged with the ACVM Group before 1 July 2004.

Proprietors of products known to the ACVM Group that were not considered to be agricultural compounds under the previous interpretation of agricultural context will be notified that their products may have to be registered (or remain registered) under the new policy.

Other parties who may have affected products that are not known to us should contact the Group to progress registration of their products.

The ACVM Group is also contacting all parties who have had class determinations for affected products over the last two years to advise of the change.

New Zealand MRLs and setting withholding periods

The ACVM Group uses the New Zealand Food Standard (or the New Zealand MRL) in the first instance to set the withholding period for ACVM products.

However, for products that are used on animals and produce exported to the European Union (sheep, beef etc.), the NZFSA has to ensure compliance with the importing country’s requirements.

In the absence of an identification system (such as the one that we have in place to manage HGPs) to separate animals exported to the EU from those for the domestic and other markets, we use the EU MRL to derive the withholding period. (This is where the ‘maximum permissible levels’ [MPLs] under the Animal Products Act, which reflect the EU or other trading partner MRL, are taken into account in the ACVM Group’s process.) We use this mechanism to manage the risks to trade identified in the ACVM Act.

There is a similar situation for other major trading partners. Adjustment of the withholding period to meet the importing country’s requirements for produce is the most cost effective way for us to ensure compliance.

New Zealand’s official assurances under the Veterinary Agreement are based on equivalence with EU legislation and, unfortunately, they (and indeed most other countries) do not accept Codex MRLs for imported produce. This is why the withholding period on some New Zealand registered products is set to meet the European (or other importing country) MRL rather than to meet the Codex MRL or the New Zealand MRL.

For any food sold in New Zealand the MRL that is directly applicable is that stated in the New Zealand Food Standard.

MRL UPDATE

In September the NZFSA consulted on new MRLs for lasalocid sodium in poultry and doramectin in pigs. The new MRLs were gazetted on 20 November.

The fourth round of public consultation in 2003 started on 10 November and proposes a new MRL for doramectin in milk and an exemption from an MRL for canola oil. Submissions close on 10 December. Refer to the NZFSA website ( www.nzfsa.govt.nz/policy-law/consultation/index.htm ) for details of the consultation.