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Plant Compounds and the ACVM Act

501 ACVM 03/05

THE AGRICULTURAL COMPOUNDS AND VETERINARY MEDICINES (ACVM) ACT 1997

The Agricultural Compounds and Veterinary Medicines (ACVM) Act 1997, which commenced on 2 July 2001, is the primary legislative tool to regulate plant compounds and their use in agricultural and livestock production in New Zealand. The ACVM Act is administered by the ACVM Group of the New Zealand Food Safety Authority (NZFSA). (For more details, see our fact sheet entitled The ACVM Group.)

Purpose of the Act

The purpose of the ACVM Act 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.

What is an 'agricultural compound'?

The ACVM Act defines an agricultural compound as:

any substance or mixture of substances, or biological compound, used or intended for use in the direct management of plants and animals, or to be applied to the land or water on or in which the plants and animals are managed, for the purposes of –

a.  Managing pests, including vertebrate pests; or

b.  Maintaining, promoting, or regulating plant or animal productivity and performance or reproduction; or

c.  Fulfilling special nutritional requirements; or

d.  The manipulation, capture, or immobilisation of animals; or

e.  Diagnosing the condition of animals; or

f.   Preventing or treating conditions of animals; or

g.  Enhancing the effectiveness of an agricultural compound used for the treatment of plans and animals; or

h.  Marking animals

and includes any veterinary medicine, any substance, mixture of substances, or biological compound used for post-harvest pest control or disinfestation of raw primary produce, and any substance, mixture of substances, or biological compound declared to be an agricultural compound for the purposes of this Act by Order in Council made under subsection (2).

Plant compounds

Agricultural compounds have been divided into three groups for regulatory purposes, and plant compounds make up one of these groups.

In general terms, plant compounds include:

•        antisapstains

•        attractants

•        bactericides

•        fertilisers

•        fungicides

•        herbicides

•        insecticides

Regulatory control

For plant compounds, regulatory control is applied only in regard to compounds that are to be used on plants for any of the purposes listed in the definition of an agricultural compound and only to manage the risks specified in the purpose of the Act.

The kinds of plant products regulated under the Act are:

•        pesticides and other chemicals used in agricultural

•        and livestock production

•        home garden products used on food or feed crops

•        fertilisers and fertiliser additives.

The ACVM Act does NOT regulate:

•        household products

•        home garden products unless they are used in or around food or feed crops

•        pesticides with non-agricultural applications, e.g. anti-fouling paint and public health insecticides.

Control mechanisms

The ACVM Act provides two main mechanisms for regulating agricultural compounds:

•        registration

•        exemption from registration.

Any product that is an agricultural compound, but not exempted from registration, must be registered. Virtually all registrations will have conditions that govern any or all of the following:

•        importation

•        manufacture

•        sale

•        use.

 The ACVM Group maintains a public register on its website (www.nzfsa.govt.nz/acvm) of all registered products. The register contains basic information on the product and a cross reference to a scanned version of the label content. The list is searchable by active ingredient, product type, trade name etc.

Because the levels of relevant risks are closely associated with particular formulations and use, the provisions of the ACVM Act are focused on the regulatory control of ‘trade name products’. A trade name product is:

     an agricultural compound (or veterinary medicine) identified and packaged under a trade name for a specified use or uses.

Trade name products are exempted from registration by groups prescribed in the ACVM Regulations 2001, e.g. antisapstains or spray markers. Products that are exempted from registration do not have specific conditions but must be used in accordance with the conditions specified in the Regulations. 

Codes of practice

The ACVM Act allows for the approval of codes of practice for importing, selling, or using any agricultural compound. These codes provide guidance to help people comply with conditions of registration.

Efficacy of product

In regulating agricultural compound trade name products, the ACVM Group imposes labelling obligations to ensure that the parties using the products have sufficient information to use the products appropriately and safely, and that the products are truthfully identified.

The ACVM Group assesses the efficacy of products to determine good agricultural practice (GAP) where a product is used on a food or feed crop so that a withholding period can be set to avoid unacceptable residue levels (see our fact sheet entitled Maximum Residue Limits/MRLs) and to ensure minimum efficacy for biosecurity purposes. However, the ACVM Act is not a consumer protection piece of legislation.   The ACVM Group does not assess products relative to the efficacy of the claim, including potential for resistance, plant safety or damage to the quality of plants or primary produce. It cannot be assumed (as was the case under the Pesticides Act) that a product assessed under the ACVM Act will be effective and will not cause plant damage or reduced quality characteristics of primary produce.

Obligations

Under the ACVM Act products are assessed and registered for a recommended use, and conditions are placed on the registration of products to manage or reduce risks. These conditions may be either generic or product specific, potentially affecting importers, registrants, distributors and users. Specific conditions are applied to manage risks not managed by generic conditions.  Basically, every manufacturer, retailer and user must comply with the conditions imposed on a product's registration or exemption from registration.

Any condition that specifies an obligation on users or a limitation on the use of a product will be stated explicitly on the label, which includes written material provided with the product.

‘Third party’ applications

The vast majority of all approved uses will be on the product label. However, under the ACVM Act, there is the ability for someone other than the registrant to make an application for an additional use (‘third party application’). In all cases so far, the registrant has supported third party applications and, when approved, has put them onto the product label. Nevertheless, there is the potential for a registrant not to put the approved claim onto the product label and, in these instances, provision will be made to list approved uses on the ACVM website.

Off-label use

Sometimes there is a need to use a plant product in a manner or on crops  that are not specified in the registration and label information or in a third party approval, i.e. off-label use. Any use that has not been specifically approved by the ACVM Group is considered to be an off-label use.

The conditions on a particular product may provide for off-label use if certain things are done. This opportunity to use a product off-label will not be noted on the label. Users should refer to the ACVM Group public register to see what conditions have been imposed.  If you need to use a product in an off-label manner check the conditions of registration to determine if off-label use is allowed and, if it is, whether it is limited in any way. Make the effort to determine if common best practice has been established for the off-label use. If it has been, then comply with that practice. If there is no information about common best practice, either do not use the product or make sure you do not cause any violative residues in any plant or animal produce, or cause any harm to animals treated or fed treated plant material.

Further changes

The regulation of plant compounds changes from time to time.  Keep up to date by:

•        putting your name on the contact list to receive our free newsletter AgVetLink

•        checking the website (www.nzfsa.govt.nz/acvm).

Contact the ACVM Group if you need clarification on any matter. Comments on discussion documents or any other aspect are always welcome.

 

Use only products that are registered or exempt from registration. 
If in doubt check on the ACVM Group’s website or with the ACVM Group.

Always comply with the conditions of registration or conditions of exemption from registration.

Whenever relevant, use the product according to the label instructions and abide by the specified withholding period.

REMEMBER

Not taking due care to comply with the conditions of registration on agricultural compounds or veterinary medicines could be an offence under the ACVM Act. In addition,  your actions could result in offences under the Hazardous Substances and New Organisms Act 1996, Animal Products Act 1999, Food Act 1981 and Animal Welfare Act 1999.

For more information visit the ACVM Group website  (www.nzfsa.govt.nz/acvm) or contact the ACVM Group directly at:

ACVM Group, New Zealand Food Safety Authority
P O Box 2835, WELLINGTON
Phone: 04 463 2550
Fax:      04 463 2566

Disclaimer:  This publication is intended only as a guide. It is not a legal interpretation of the legislation discussed.