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AgVetLink August 2004: Page 10

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ACVM legislation, NZFSA, the ACVM Group, ERMA New Zealand and other government agencies

Discussions with the public on proposed changes to ACVM legislation have shown that the legislation and the roles of the New Zealand Food Safety Authority (NZFSA) and the Agricultural Compounds and Veterinary Medicines (ACVM) Group are not well understood.

This article gives an overview.

Background

When the ACVM Act was passed in November 1997, the regulatory environment for agricultural compounds was very different than it is today. Up to that time, regulatory control had been mostly prescriptive. The agricultural legislation reform during that decade, which included the Hazardous Substances and New Organisms (HSNO) Act 1996, changed the process from prescriptive, blanket control to management of stated risks.

In the case of the ACVM Act, its purpose is to:

a. prevent or manage specific risks associated with the use of agricultural compounds – 

• risks to trade in primary produce 

• risks to animal welfare 

• risks to agricultural security;

b. ensure that the use of agricultural compounds does not result in breaches of domestic food residue standards;

c. ensure the provision of sufficient consumer information about agricultural compounds.

Two regimes

The ACVM Act was designed to manage risks to agriculture and, ultimately, to food. However, in 1997 two separate government ministries were responsible for these areas – the Ministry of Agriculture and Forestry (MAF) was responsible for the regulatory control of primary produce, and the the Ministry of Health (MoH) was responsible for food safety.

As a result of these two different regimes, producers, processors and consumers faced issues such as:

• inconsistencies and a lack of coordination in the way domestic/ export food safety was managed;

• increasing consumer concerns about food safety issues; and 

• the potential for inconsistencies to develop in New Zealand’s approach to imports and exports.

Creation of NZFSA

Government made the decision that a single agency would reduce duplication and allow the management of foodrelated risks from ‘farmgate to the consumer’s plate’. It would also strengthen the ability to determine an ‘appropriate level of protection’ for New Zealand consumers. A consistent approach to regulation of all food production, whether for export or for sale on the domestic market, could be achieved. Therefore, the two regimes were brought together in 2002 as the New Zealand Food Safety Authority.

NZFSA is part of the Ministry of Agriculture and Forestry for administrative purposes, but the Authority reports directly to the Minister for Food Safety.

NZFSA’s job is to:

• regulate the safety of the domestic food supply;

• regulate the safety and certification of export primary produce and food;

• establish acceptable levels of food safety, carrying out food safety risk analyses and developing food safety standards.

Legislative base

NZFSA’s statutory mandate is based on provisions and Regulations of the:

• Agricultural Compounds and Veterinary Medicines (ACVM) Act 1997 

• Animal Products Act 1999 

• Dairy Industry Act 1952 

• Food Act 1981 

• Wine Act 2003.

NZFSA has several ‘Groups’ within its structure, each responsible for certain aspects of food safety in New Zealand.

For example, the Animal Products Group is charged with setting and ensuring compliance with standards for the primary processing and export of meat, game, seafood, honey and other animal products while the Dairy and Plant Products Group provides assurance to consumers of New Zealand’s dairy and plant food products that those foods are safe and true to label.

ACVM Group

The ACVM Group, which administers the ACVM Act, is responsible for the regulatory control of agricultural compounds (plant compounds, veterinary medicines, and vertebrate toxic agents) that are intended for use in agriculture, horticulture, pest control, and animal care and production.

In addition to food safety, the ACVM Group is concerned with:

• the welfare of animals treated with or exposed to agricultural compounds;

• possible residues in non-food primary produce; and 

• the impact of agricultural compounds on the eradication, prevention and control of pests and unwanted organisms.

The approach used by NZFSA is one of integrated risk management. The Groups of NZFSA do not work in isolation.