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AgVetLink: Number 65, December 2007

ACVM Act changes

New provisions

An amendment to the ACVM Act 1997 has recently been passed. It introduced significant new provisions that add:

• a risk area covering risks to public health

• the ability to manage uncleared or unauthorised goods

• the ability to list exempt substances generally recognised as safe (GRAS)

• provision for approval of agricultural compounds as exempt in special circumstances

• provision for suspension of a registration or recall of an agricultural compound

• the ability to issue certificates of compliance

• the ability to issue notices setting specifications to give effect to regulations made

• cost recovery principles.

Changes to existing provisions

Significant amendments to existing sections of the Act include:

• making it illegal to manufacture or import (in addition to sale and use of) agricultural compounds unless authorised

• replacing codes of practice with operating plans

• replacing accredited persons with recognised persons

• widening the scope to make regulations to include prescribing procedures, processes, requirements and standards.

Operational interpretation review

In parallel to this, NZFSA is reviewing a number of operational interpretations under the Act. When the Act was initially passed, there was considerable uncertainty about the interface with other Acts. Operational interpretations of key terms were used to prevent redundant regulatory control.

The regulatory environment has since become clearer. NZFSA has taken on primary responsibility for the safety of the New Zealand food supply. It has also become clear that specific authorisation is needed to ensure that only those agricultural compound products that comply with regulatory controls and conditions enter the New Zealand marketplace.

Discussion documents

Public discussion documents covering a range of areas will be released over the next few months following preliminary 'public input' workshops in Auckland and Wellington, which took place this month.

The first of these discussion documents (likely to be released in February 2008) covers our thinking on operational interpretations and framework of the Act. In brief, it will cover interpretation of key terms such as 'agricultural compound' and 'trade name product'. This revised interpretation has the potential to bring in a number of product groups that were originally excluded from the Act via operational interpretations. As a guide, the types of products that may be affected are:

• public health insecticides (both commercial and household)

• speciality agricultural chemicals such as commercial and home garden lawn and turf products

• disinfectants, sanitisers and cleaners

• water treatment products

• timber treatment products

• antifouling products.

Although these product groups may be brought in under the scope of the ACVM Act, the level of regulatory oversight may be minimal in some instances.

The discussion document will also cover the risk criteria and thresholds used to determine the level of regulatory oversight of agricultural compounds, including the new risk area under the amendment on risks to public health.

Other discussion documents to be released will cover cost recovery under the ACVM Act and regulation changes relating to a range of areas such as manufacturing, labelling, advertising and own use (including compounding).

Website

The ACVM Group part of the NZFSA website will be updated regularly with information regarding these changes, so please check our site regularly or subscribe to our email notification system for changes to the website.

To view the amended Act online:

• go to www.legislation.govt.nz/

• click on Statutes

• when the Statutes menu appears, type in 'Agricultural Compounds and Veterinary Medicines Act amendments' in the Search box

• click on 2007 amendment when the list appears.

Information on changes to the ACVM Act can also be found at http://www.nzfsa.govt.nz/acvm/subject/acvm-act

See the October 2007 special issue of AgVetLink for more details on regulatory reform.