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These include the following: 1. Duties were removed on some basic food items to give relief to vulnerable groups; 2. Small business operators are given duty free concessions on vehicles and equipment; 3. Hotels and villas are given duty concession on refurbishment of their properties; and 4. Small hotel operators and restaurants affected by the fall off in tourist arrivals have been given duty relief on the purchase of food and wines. 144.
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144. Madam President, we will continue with these initiatives in 2010 as we continue our efforts to alleviate the impact of the recession. However, we will not stop here. Effective from January 1, 2010, we will grant duty free concession on electronic security systems to encourage businesses and home owners to protect their properties from criminals.
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With the increase in breakings that have occurred over the years, there is need for our people to become more vigilant and install alarm systems and security cameras where possible. This will go a long way in assisting the police in curtailing criminal activities. 36 145. As part of our long term strategy to promote Nevis as a green destination and to conserve energy, we will grant duty free concession on the importation of solar water heaters and wind turbines.
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The cost of energy from fossil fuel is expected to rise significantly in the future and thus we must encourage our people to pursue alternative and environmentally friendly sources of energy. 146. We are also working in conjunction with the Federal government to improve the efficiency of the tax collection system.
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In this regard, we have been exploring the possibility of the introduction of a Value-Added Tax (VAT) which will increase the tax coverage and replace several other taxes including Traders Tax, Hotel Rom Tax, Travel Tax, Vehicle Rental Tax, Insurance Premium Fee, Parcel Tax, Consumption Tax, and Export Duty. By bringing all of these taxes under a single legislative and administrative framework, management and enforcement will be easier and more effort could be expended on collections.
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Based on the experience of other countries in the Caribbean, the VAT has the potential to generate additional revenues, reduce the cost of living, and bring greater equity to tax assessments on individuals and businesses. Presently, my government has three officers working full time in St Kitts along with officials form CARTAC and the St. Kitts Ministry of Finance undertaking research work and getting a better understanding of the system.
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When the preliminary work is completed, and the administrative issues between St Kitts and Nevis are resolved, a final decision will be made on the implementation of VAT. 147. Madam President, when a country has very little fiscal space and is facing a recession, the natural instinct is to curtail expenditure. There are different viewpoints on coping effectively with a recession.
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There are those who argue that government should increase expenditure and reduce taxes to give a boost to the economy and there are others who suggest that government should keep out and allow the natural cycle to play out. Doing nothing is not an option for this government. While we have worked diligently to control current expenditure, we have carefully included projects in the capital budget that will generate jobs and increase incomes.
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In addition to funding from internal resources and the CDB, the government borrowed over $10 million from Social Security to undertake a stimulus programme. Some projects have already started and others will be implemented during 2010.
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The projects include the purchase of land and construction of Cotton Ground Police Station at $1.2 million; repairs to old police station 37 $150,000; construction of the Labour Department office $250,000; Farm Machinery for Agriculture $30,000; upgrade of Charlestown Public Market $295,000; sea island cotton production $100,000; expansion and upgrade of the Veterinary Clinic $125,000; upgrade of Cardi Building $150,000; expansion and upgrade of the Cotton Ground Health Centre $450,000; New River Estate Museum Project $79,423; Maritime Museum Project $200,000; upgrade of Primary Schools ( Charlestown, VOJN, and Ivor Walters $998,821); computerization of schools $500,000; renovation to Gingerland Secondary School $205,000; expansion of Charlestown Secondary School $ 1,000,000; Purchase of land and upgrade of Cotton Ground playfield $700,000; and construction of community centres for Camps, Fountain, Jessups, Charlestown and Cotton Ground $2,762,300.
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148. These projects are small but will go a long way in alleviating the unemployment situation until the economy recovers. SUMMARY AND CONCLUSION 149. Madam President, not very long after the NRP was returned to office, we were confronted with a global recession, the closure of our flag ship hotel, the Four Seasons Resort, an economy dominated by one investor, and a serious deterioration of the social fabric of our country.
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The comprehensive and holistic developmental agenda that we enunciated in our 2006 manifesto became a herculean task to achieve due to fiscal constraints and the downside risks to our economy. We did not despair. We pursued our task with the same fortitude and commitment that energized the NRP when it fought for a better deal for Nevisians in the 70’s and 80’s.
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We had the same drive and dedication similar to when we formed the government in 1983 and took on the virtually impossible task to bring about change in an island that had poor infrastructure, high unemployment, and lack of adequate basic services such as water and electricity. We took on the task and liberated the people of Nevis from poverty and engendered a new self confidence, energy and vitality.
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We started the government with meager resources but with creativity, imagination and will, we were able to overcome the obstacles and improve the roads, water and electricity services, health care, and educational opportunities for the benefit of our people. We built up the institutional structure of government and expanded economic activity by investments in tourism and financial services.
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Through our efforts we were able to attract the five star four seasons property which is still the life blood of this country. 38 150. Returning to government after being in opposition for fourteen years, we have found ourselves in a similar situation. We inherited a country with a poverty rate of over 30% and indigence of 15%. Areas such as Social services, Agriculture, and investment promotion were ignored, and the water system was inadequate to meet the demands of a growing population.
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While the CCM Government was able to complete many of the infrastructural projects started by the earlier NRP government, it was done at great expense to the nation through the accumulation of high debts and the wastage of government’s resources. I will not say much about the issue of mismanagement of government’s resources since the general public will be able to judge for itself after getting a full account from the Commission of Enquiry.
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I am not seeking to fault the CCM administration for the high levels of public debt recognizing that debt is sometimes necessary to propel the country forward. However, debt is not sustainable unless the government is able to attract investment capital to grow the economy so that the debt to Gross Domestic Product ratio could fall over time and the servicing cost becomes more manageable. 151.
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151. This is the reason for choosing the theme – ‘Re-orienting economic activity by fostering a competitive business and investment environment’. To continue to grow the economy and better manage the public debt, we will have to focus our attention on private sector expansion. Since assuming office, my government has given high priority to this area and we are already seeing signs of progress despite the state of the global economy.
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The Aman resort is still on track and several other hotel properties are getting ready to begin as soon as the market conditions in the global economy begin to show signs of stability. We expect that construction on the geothermal plant will begin in the latter part of 2010. This project has the potential to revolutionize the economy of Nevis by attracting new industries that are seeking green energy and greater stability in prices.
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We will also be taking measures to improve the business and investment environment by simplifying procedures and reducing bureaucratic red tape. The Nevis Investment Promotion Agency will play a leading role in this process as we put in place policies and systems to facilitate both local and foreign investment. 152. Despite the challenges, this government will not abandon its mandate of people empowerment.
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We have already facilitated the training of over 500 Nevisians and this trend will continue as we seek to equip our people with the skills to become self-reliant and to make a meaningful contribution to their country. Even though the poverty rates have declined 39 significantly, we will not rest on our laurels.
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We will continue to provide nutritious meals to school children; we will continue to support and expand the home work assistance programme; we will closely monitor the cost of living and educate the public about the best purchasing options to save money; and we will continue the thrust in housing until we are satisfied that every Nevisian has a roof over his or her head. Crime continues to be a major concern and thus the government is spending over $1 million to construct barracks for the police officers.
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By providing suitable accommodation for the police, we will be able to increase the number of police officers in Nevis. We will also be seeking financial assistance to improve the surveillance of Charlestown by significantly increasing the number of security cameras in strategic locations. 153. Madam President, this budget recognizes fully the difficult external environment and the challenges that lie ahead.
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We have restricted current and capital expenditure and have tried hard to limit deficit spending. Revenue is expected to be inelastic and thus we will have to focus on expenditure and cash management. I have already outlined a plan to improve cash management by establishing a cash and debt management committee which will undertake biweekly projections to match revenue and expenditure, and to raise financing to meet shortfall when necessary.
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During the course of this week a working shop on Public Finance Management is being conducted by the Ministry of Finance and the Caribbean Regional Technical Assistance Centre (CARTAC) to enforce aspects of good public finance management practices in the various departments of government. A total of 36 expenditure managers are attending the workshop. 154. Madam President, the capital projects have been carefully selected to ensure that we focus on critical projects that will generate employment.
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A significant portion of the capital budget will be financed with a loan from the Social Security Board. I want to take this opportunity to express sincere thanks to this very important institution for demonstrating confidence in the government by it willingness to provide the financing to help stimulate the economy in this very difficult period.
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We will continue to partner with the Social Security Board to confront the development challenges and to put Nevis and the Federation as a whole on a sustainable path of economic growth and development. 155. Madam President, with the closure of the Four Seasons Resort and the global recession, my government is cognizant of the fact that many of our people are experiencing hardship. Please do 40 not give up hope.
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Please do 40 not give up hope. Just like shooting an arrow from a bow, sometimes we have to be drawn back in order to be propelled forward. The present situation is only temporary. It is well established in the economic literature that the economy moves in cycles of boom and bust and thus it is only a matter of time before we experience a change in fortune. There is no time for idleness or procrastination.
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There is no time for idleness or procrastination. It is important that we begin to prepare ourselves to take advantage of the opportunities that will abound as the world economy improves. Let us begin to retrain and retool to equip ourselves with the skills necessary to progress in the future. I believe that this is the right time to invest. I commend organizations like the Social Security Board, S.L.
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Horsfords & Co. Ltd, and Bank of Nevis that are planning to undertake major construction projects in 2010 and I encourage others to do the same. With all the plans, programmes and projects that I have outlined, I believe that Nevis is on the verge of a major transformation that will generate huge rewards for those who are willing to take the risk. The time for action is now. 156. Madam President, our people are no strangers to hardship.
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We have been through many trials throughout our history, from slavery to independence, and we have triumphed at every stage of the way. We are now going through the worst recession since World War 2 but I am confident that with hard work, determination, and courage, our Heavenly Father will give us the endurance to overcome any obstacle. We also have a group of visionary and dynamic leaders and a party that has brought Nevis through many difficulties, leading the way.
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The people of Nevis are in safe hands. Let us work together for a brighter future for present and future generations of Nevisians. 157. We must not let the financial and economic turmoil cause us to despair.
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Instead let us rise confidently to the challenges and embrace the words of Oliver Wendell Holmes, “I find the great thing in this world is not so much where we stand, as in what direction we are moving: To reach the port of heaven, we must sail sometimes with the wind and sometimes against it – but we must sail, and not drift, nor lie at anchor.” 158.
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I wish everyone a happy Christmas season and may God continue to give us the strength to overcome the challenges that lie ahead knowing that a brighter future is on the horizon. 159. Madam President, I so move. 41
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Reprint as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Public Act Date of assent Commencement 1997 No 87 21 November 1997 see section 1(2) Contents Title Short Title and commencement Part 1 Preliminary Interpretation Act to bind the Crown Purpose of Act Scheme of Act Part 2 Importation, manufacture, and sale of agricultural compounds Importation Imported agricultural compounds to be cleared for entry into New Zealand Page 7 7 7 13 13 13 14 1 2 3 4 4A 5 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
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A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by the New Zealand Food Safety Authority.
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1 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 Agricultural compound clearance Declaration Uncleared or unauthorised goods Prohibition on sale, use, manufacture, or import of agricultural compound Exemptions from requirement to register Director-General may list as exempt substances generally recognised as safe Director-General may approve agricultural compound as exempt in special circumstances Registration of agricultural compounds Application for registration Form of application Additional information Director-General to withhold information Notification of application to Minister and departments Notification of application Waiver of notification Time limits and waivers Submissions on applications Submissions to be forwarded to applicant Relevant risks and benefits Evaluation of risks and benefits Decision on application Term of registration Conditions on trade name products Register of agricultural compounds Certificate of registration Application for provisional registration Decision on application for provisional registration Director-General may approve operating plans Reassessment of trade name products Reassessment of provisional registration Suspension of registration Director-General may prohibit or restrict product or group of products Meaning of new information No compensation or damages following reassessment of trade name product or revocation or amendment of approval Transfer and surrender of registration Rights of registrant 15 16 16 17 18 18 19 20 21 21
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of registrant 15 16 16 17 18 18 19 20 21 21 21 22 23 24 25 26 26 26 27 27 28 30 32 33 34 34 35 36 37 37 38 39 39 39 40 6 7 7A 8 8A 8B 8C 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 30A 31 32 33 34 35 2 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Certificates of compliance for agricultural compounds Director-General may issue certificates of compliance Form and content of certificate of compliance Obtaining of certificate of compliance Certificate of compliance may be withdrawn, and
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Certificate of compliance may be withdrawn, and reissued Persons authorised to issue certificates of compliance No Crown liability 35A 35B 35C 35D 35E 35F 35G Recall of agricultural compound Recall of agricultural compound Part 3 Powers of Director-General and Minister Powers and functions of Director-General Delegation by Director-General [Repealed] Policy directions Minister’s power to call in applications with significant effects Notification of Minister’s direction Board of inquiry Investigation by Board of Inquiry Board of Inquiry to report to Minister Minister to decide application and notify decision Part 4 Appeals Appeals Appeal on question of law Notice of appeal Right to appear and be heard on appeal Parties to appeal Orders of High Court Additional appeals on points of law Extension of time Date of hearing Appeals to Court of Appeal Part 5 Offences Offences Penalties Revocation of registration or approval 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 40 41 41 41 42 42 42 43 44 44 44 45 45 45 46 46 47 47 48 48 48 48 49 49 50 50 50 54 55 3 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 57A 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Power to prohibit person from importing, manufacturing, selling, or using trade name product or agricultural compound Liability of employers and principals Liability of directors and officers of bodies corporate Appointment of ACVM officers Appointment of authorised persons [Repealed] Appointment of recognised
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persons [Repealed] Appointment of recognised persons Protection of ACVM officers and recognised persons Powers of entry for inspection ACVM officers may issue prohibition notices Compliance with prohibition notices Matters may be completed by different ACVM officers Appeals against prohibition notices Issue of search warrants Powers of entry with warrant Disposal of property seized Part 6 Protection of certain confidential information about innovative agricultural compounds Interpretation Protection of confidential supporting information about
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of confidential supporting information about innovative agricultural compounds Circumstances where protection under section 73 does not apply Part 7 Miscellaneous provisions 75 76A 76 77 77A 78 79 80 Regulations Director-General may set specifications and other detailed requirements Recommendation of Order in Council Warranties Right of review of registration decisions made under delegated authority Consultation before making of Orders in Council Relationship to other Acts Correction of errors Cost recovery Principles of cost recovery 81 81A Methods of cost recovery 81B Cost recovery to relate generally to financial year 4 55 56 57 57 58 58 59 60 61 61 62 62 62 63 66 67 68 69 70 73 75 75 75 76 77 77 78 79 80 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 81C 81D 81E 81F 81G 81H 81I 81J 81K 81L 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Three-yearly review of cost recovery Fees and charges to be prescribed by regulations Regulations may impose levies Trust accounts required to be kept by persons collecting levies Other charges not requiring to be prescribed Exemptions, waivers, and refunds Fees, levies, and charges to constitute debt due to Director-General Penalties for failure to pay fee, levy, or charge Obligation to pay fee, levy, or charge not suspended by dispute Levy regulations to be confirmed Prohibition of importation or manufacture by registrant for non-payment of fees [Repealed] Debt due to the Crown [Repealed] Amendments, repeals, and revocations Amendment of
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Amendments, repeals, and revocations Amendment of Schedule 1 Amendments to other Acts Repeals and revocations Part 8 Transitional provisions [Repealed] General [Repealed] Interpretation [Repealed] Regulations relating to transitional provisions [Repealed] Transitional provisions for certain agricultural compounds in use at commencement of Act [Repealed] Transitional provisions for inspectors [Repealed] Application for registration made before commencement of Act [Repealed] Continuation of registration [Repealed] Animal remedies [Repealed] Applications for
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Animal remedies [Repealed] Applications for licences made before commencement of Act [Repealed] Continuation of licences [Repealed] Exemption from Act [Repealed] Continuation of Animal Remedies Board [Repealed] 81 81 82 84 84 85 85 86 87 87 88 88 88 88 88 89 89 89 89 89 89 90 90 90 90 5 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 Registrar of Animal Remedies [Repealed] Prescription animal remedies [Repealed] Labelling [Repealed] Containers for animal remedies [Repealed] 97 98 99 100 101 Warranties [Repealed] 102 103 104 105 106 107 108 109 Advertisements [Repealed] Register of licences [Repealed] Correction of errors [Repealed] Loss or destruction of licence [Repealed] Reissue of licence [Repealed] Revocation or suspension of licences [Repealed] Variation of particulars [Repealed] Information protected under Part 2A of Animal Remedies Act 1967 [Repealed] Regulations to continue to apply [Repealed] Transfer of assets of Animal Remedies Board [Repealed] 110 111 Pesticides [Repealed] Application of sections 113 to 122 [Repealed] Continuation of sale and use of pesticide [Repealed] Registration subject to restricted use [Repealed] Experimental use permits [Repealed] Labelling [Repealed] Advertisements [Repealed] Review of registration [Repealed] 112 113 114 115 116 117 118 119 Warranties [Repealed] 120 121 Pesticides register [Repealed] Information protected under Part 2A of Pesticides Act 1979 [Repealed] Regulations to continue to apply [Repealed] Schedule 1 Search warrant
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to apply [Repealed] Schedule 1 Search warrant Schedule 2 Enactments amended Schedule 3 Enactments repealed Schedule 4 Regulations and orders revoked 100 90 90 90 90 91 91 91 91 91 91 91 91 92 92 92 92 92 92 92 93 93 93 93 93 93 93 94 96 97 122 6 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Schedule 5 Regulations and orders continued in force [Repealed] Part 1 s 2 102 An Act to reform and restate the law relating to agricultural compounds, and to repeal— (a) (b) (c) (d) the Stock Foods Act 1946; and the
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(a) (b) (c) (d) the Stock Foods Act 1946; and the Fertilisers Act 1960; and the Animal Remedies Act 1967; and the Fertilisers Act 1982 1 (1) (2) 2 (1) Short Title and commencement This Act may be cited as the Agricultural Compounds and Vet- erinary Medicines Act 1997.
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This Act comes into force on a date to be appointed by the Governor-General by Order in Council. Section 1(2): Agricultural Compounds and Veterinary Medicines Act 1997 brought into force, on 2 July 2001, by the Agricultural Compounds and Veterinary Medicines Act Commencement Order 2001 (SR 2001/100).
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Part 1 Preliminary Interpretation In this Act, unless the context otherwise requires,— ACVM officer means a person for the time being appointed as an ACVM officer under section 60 advertisement means any publication to the community or to any section of the community of any words, whether written, printed, spoken, or in any electronic form, or of any pictorial representation or design or device, used to promote the sale of any agricultural compound; and to advertise has a corres- ponding meaning agricultural compound means— (a) any substance, mixture of substances, or biological compound, used or intended for use in the direct man- agement of plants and animals, or to be applied to the 7 Part 1 s 2 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 land, place, or water on or in which the plants and animals are managed, for the purposes of— (i) managing or eradicating pests, including verte- brate pests; or (iii) (iv) (ii) maintaining, promoting, or regulating plant or animal productivity and performance or repro- duction; or fulfilling nutritional requirements; or the manipulation, capture, or immobilisation of animals; or diagnosing the condition of animals; or (v) preventing or treating conditions of animals; or (vi) (vii) enhancing the effectiveness of an agricultural compound used for the treatment of plants and animals; or (b) (viii) marking animals; and includes— (i) (ii) (iii) any veterinary medicine, substance, mixture of substances, or biological compound used for post-harvest treatment of raw primary produce; and anything used or intended to be used as feed for animals; and any substance, mixture of substances, or bio- logical compound declared to be an agricultural compound for the purposes of this Act by Order in Council made under subsection (2) agricultural security means the exclusion, eradication, and effective management of— (a) (b) animal means any living stage of any member of the animal kingdom except human beings authorised place means any place where an
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beings authorised place means any place where an ACVM officer has authorised an imported agricultural compound to be held; and includes any transitional facility under the Biosecurity Act 1993 pests: unwanted organisms under the Biosecurity Act 1993 8 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 1 s 2 biological compound means any agricultural compound that is— (a) (b) (c) a preparation of animal origin; or a bacterial or viral vaccine, whether living or not; or a virus, mycoplasma, or other micro-organism, whether living or not; or a product of a virus, mycoplasma, or other micro-or- ganism, or any substance manufactured for the purpose of having the same action as a product of a virus, my- coplasma, or other micro-organism (d) container includes anything in or by which an agricultural compound may be cased, covered, enclosed, contained, or packed; and, in the case of any agricultural compound sold or carried or intended for sale in more than 1 container, includes every such container craft means any form of aircraft, ship, or other vehicle or ves- sel capable of being used to transport any agricultural com- pound to or from New Zealand or from or to any country out- side New Zealand Director-General means the chief executive of the Ministry hazardous substance has the same meaning as in the Hazardous Substances and New Organisms Act 1996 import means bring or cause to be brought into New Zealand territory from outside that territory; and imported has a cor- responding meaning label, in relation to any agricultural compound or any con- tainer used to contain an agricultural compound, means any written, pictorial, or other descriptive matter under which the compound is sold or to be sold and which purports to give some information about the compound manufacture, in relation to any agricultural compound, means to make up, prepare, produce, or process the agricul- tural compound; and includes the packing of an agricultural compound in a container for the purposes of
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compound in a container for the purposes of sale marae includes the area of land on which all buildings such as the wharenui (meeting house), the wharekai (dining room), ablution blocks, and any other associated buildings are situated 9 Part 1 s 2 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act Ministry means the Ministry that, with the authority of the Prime Minister, has for the time being assumed responsibility for the administration of this Act new organism has the same meaning as in the Hazardous Substances and New Organisms Act 1996 operating plan means a plan approved under section 28(2), and includes a code of practice deemed by section 21(2) of the Agricultural Compounds and Veterinary Medicines Amend- ment Act 2007 to be an operating plan approved under section 28(2) person includes the Crown, a corporation, and a body of per- sons (whether corporate or unincorporated) pest— (a) includes any unwanted living organism including mi- cro-organisms, pest agents, and any genetic structure that is capable of replicating itself (whether that struc- ture comprises all or only part of an entity, and whether it comprises all or only part of the total genetic struc- ture of an entity) that may affect plants, animals, or raw primary produce; and includes any entity declared to be a pest for the
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includes any entity declared to be a pest for the purposes of this Act by Order in Council made under subsection (2): does not include— (i) any human being or living organism which af- fects only human beings; and any living organism declared not to be a pest for the purposes of this Act by Order in Coun- cil made under subsection (2) (ii) (b) (c) pest agent has the same meaning as in section 2(1) of the Bio- security Act 1993 place includes any building, conveyance, craft, land, or struc- ture prescribed means prescribed by regulations made under this Act 10
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prescribed by regulations made under this Act 10 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 1 s 2 primary produce includes any plant or animal, or any deriva- tive of any plant or animal, intended for sale public health means the health of all of— the people of New Zealand; or (a) (b) a community or section of such people recognised person means a person for the time being ap- pointed as a recognised person under section 62 registered means registered under section 21 or section 27 registrant means, in relation to a registered trade name prod- uct, the person who applied to register that product or the per- son to whom a registration is transferred regulations means regulations in force under this Act risk includes any costs or potential costs sale includes barter, and also includes offering, exposing, or attempting to sell, or having in possession for sale, or sending or delivering for sale, or causing or allowing to be sold, of- fered, or exposed for sale; and also includes— (a) delivering or disposing of by way of gift, loan, or other- wise; and giving or distributing, in the course of business, as a sample or otherwise, without charge (b) trade name product means an agricultural compound iden- tified and packaged under a trade name for a specified use or uses use, in relation to any agricultural compound, includes its use in such a way that animals, plants, or raw primary produce are exposed to it veterinarian means a person for the time being registered as a veterinarian or a specialist within the meaning of section 4 of the Veterinarians Act 2005 veterinary medicine means any substance, mixture of sub- stances, or biological compound used or intended for use in the direct management of an animal working day means any day except— (a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and 11 Part 1 s 2 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (b) any
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Act 1997 Reprinted as at 1 July 2011 (b) any substance to be an agricultural compound; or any entity to be a pest; or any entity not to be a pest— a day in the period commencing on 20 December in any year and ending with 15 January in the following year.
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The Governor-General may from time to time, by Order in Council, declare— (a) (b) (c) for the purposes of this Act. Every Order is deemed to be a regulation for the purpose of the Regulations (Disallowance) Act 1989. Section 2(1) accredited person: repealed, on 18 October 2007, by section 4(1) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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in Council made under subsection (2) Section 2(1) ACVM officer: inserted, on 18 October 2007, by section 4(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 2(1) agricultural compound: substituted, on 18 October 2007, by sec- tion 4(3) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 2(1) authorised person: repealed, on 18 October 2007, by section 4(4)(a) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 2(1) authorised place: amended, on 18 October 2007, by section 4(4)(b) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 2(1) code of practice: repealed, on 18 October 2007, by section 4(4)(c) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 2(1) Director-General: amended, on 18 October 2007, by section 4(4)(d) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 2(1) inspector: repealed, on 18 October 2007, by section 4(4)(e) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 2(1) Ministry: inserted, on 18 October 2007, by section 4(5) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 2(1) operating plan: inserted, on 18 October 2007, by section 4(6) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 2(1) public health: inserted, on 18 October 2007, by section 4(7) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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(2) (3) 12 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 1 s 4A inserted, on 18 October 2007, by section Section 2(1) recognised person: 4(7) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 2(1) veterinarian: amended, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126). 3 4 Act to bind the Crown This Act binds the Crown.
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Purpose of Act The purpose of this Act is to— (a) risks to public health; and risks to trade in primary produce; and risks to animal welfare; and risks to agricultural security: prevent or manage risks associated with the use of agri- cultural compounds, being— (ai) (i) (ii) (iii) ensure that the use of agricultural compounds does not result in breaches of domestic food residue standards: ensure the provision of sufficient consumer information about agricultural compounds.
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(b) (c) Section 4(a)(ai): inserted, on 18 October 2007, by section 5 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 4A Scheme of Act (1) (2) This Act aims to achieve its purpose by providing that no agri- cultural compound may be used (including imported, manu- factured, or sold) in New Zealand unless that use is authorised by or under this Act.
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The 2 main mechanisms for authorising use of an agricultural compound are— (a) an assessment of the compound, and its registration for use subject to specifically imposed conditions: an exemption from the requirement to register the com- pound, so long as any specified conditions for exemp- tion are met. (b) (3) A range of conditions may be imposed to manage the risks as- sociated with agricultural compounds.
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These conditions may 13 Part 2 s 5 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 relate to substances, products, systems, or people’s behaviour, and may be imposed— (a) directly by the Director-General when an agricultural compound is registered or exempted from the require- ment to be registered; or generally, by regulations.
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(b) The Director-General may also issue notices that set out the technical detail of how compliance with conditions imposed by regulations can be achieved. This Act, by its subject matter, has a relationship with other Acts such as the Animal Products Act 1999, the Food Act 1981, the Wine Act 2003, the Animal Welfare Act 1999, the Biosecurity Act 1993, the Medicines Act 1981, and the Haz- ardous Substances and New Organisms Act 1986.
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Generally, the outcomes for which this Act regulates are those set under the other related Acts. For example: (a) maximum residue limits for food products are set under (b) the Food Act 1981; while this Act assesses and controls agricultural compounds to ensure the Food Act residue limit is not breached. Section 4A: inserted, on 18 October 2007, by section 6 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Part 2 Importation, manufacture, and sale of agricultural compounds Importation Imported agricultural compounds to be cleared for entry into New Zealand No person may cause or permit any agricultural compound which is imported into New Zealand or any substance, mix- ture of substances, or biological compound which is used or intended to be used as an agricultural compound and which is imported into New Zealand to leave any craft or authorised place except— (a) to proceed, with the authority of an ACVM officer, to another craft or authorised place; or (4) (5) 5 14 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 6 (b) with the authority of an ACVM officer, to be exported (c) from New Zealand; or to enter into New Zealand after being cleared for entry by an ACVM officer in accordance with section 6.
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Section 5(a): amended, on 18 October 2007, by section 7 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 5(b): amended, on 18 October 2007, by section 7 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 5(c): amended, on 18 October 2007, by section 7 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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6 (1) Agricultural compound clearance In this section and sections 7 and 7A, goods means any of the following that is capable of being used as an agricultural compound: (a) (b) (c) (d) an agricultural compound: a substance: a mixture of substances: a biological compound. (2) An ACVM officer may give a clearance for entry into New Zealand for any goods if the circumstances described in sub- section (3) exist.
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The circumstances are— (a) (3) that— (i) (ii) (iii) the goods are goods that the importer has de- clared, under section 7, that the importer will not sell or use as an agricultural compound; or the goods are a registered trade name product, and the product complies with the conditions im- posed on its registration under section 23 or its provisional registration under section 27; or the goods are an agricultural compound and are exempt from registration as a trade name product under section 8A; and [Repealed] (iv) that there are no discrepancies that suggest that it may be unwise to rely on the documentation accompanying the goods, either— (i) (ii) in the documentation itself; or between the documentation and the goods.
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15 (b) Part 2 s 7 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (4) A clearance for entry into New Zealand given under this sec- tion does not affect the provisions of any other Act. Section 6: substituted, on 15 November 2000, by section 3 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50).
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Section 6(1): amended, on 18 October 2007, by section 8(1) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 6(2): amended, on 18 October 2007, by section 8(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 6(3)(iii): substituted, on 18 October 2007, by section 8(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 6(3)(iv): repealed, on 18 October 2007, by section 8(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 7 Declaration The importer of any goods may, for the purposes of section 6(3)(a)(i), make a declaration in a manner determined by the Director-General to the effect that the importer will not sell or use the goods as an agricultural compound.
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Section 7: substituted, on 15 November 2000, by section 3 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50). Section 7: amended, on 18 October 2007, by section 9 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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7A Uncleared or unauthorised goods (1) The powers provided for in this section apply in respect of goods that are in a transitional facility or biosecurity control area (within the meaning of the Biosecurity Act 1993) that have not been cleared in accordance with sections 5 and 6 of this Act.
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(2) An ACVM officer may seize any such goods that he or she has reasonable grounds to suspect— (a) (b) do not comply with the requirements of this Act; or constitute a risk to public health, agricultural security, trade in or market access for primary produce, the wel- fare of animals, or may breach domestic food residue standards.
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The Director-General may, either generally or in any particular case, give any reasonable directions as to the disposal or treat- ment or destruction of, or any other dealing with, any goods (3) 16 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 8 (4) (5) (6) seized under this section; and any person may dispose of, treat, destroy, or otherwise deal with the goods accordingly.
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The Director-General may offer the importer or owner of any goods imported into New Zealand and seized under this sec- tion the option of exporting or returning the goods to their place of origin provided that the importer or owner undertakes the payment of any costs associated with the export or return of the goods.
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The Director-General may hold goods seized under this sec- tion in his or her custody for such period as is necessary for the importer to obtain a clearance for entry into New Zealand in accordance with sections 5 and 6. In such a case the esti- mated costs and expenses of the custody and maintenance of the goods must be paid in advance to the Director-General.
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In exercising his or her powers under this section, the Dir- ector-General must, so far as is practicable while achieving the purposes of this Act, act in a manner that is consistent with avoiding or minimising loss to the importer or owner of the goods seized.
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(8) (7) All costs and expenses attendant upon the custody and disposal of goods seized under this section must be borne by the owner or other person in possession of the goods immediately before their seizure, and are recoverable from that person as a debt due to the Crown.
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If however satisfied that the person in possession of the seized goods was not aware that they did not comply with the re- quirements of this Act, the Director-General may, at his or her absolute discretion, waive or reduce the amount otherwise re- coverable under subsection (7). Section 7A: inserted, on 18 October 2007, by section 10 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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8 Prohibition on sale, use, manufacture, or import of agricultural compound (1) No person may sell within New Zealand, or use, any agricul- tural compound unless that agricultural compound— is a registered trade name product; or (a) is exempt from registration under section 8A; or (b) 17 Part 2 s 8A Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (2) No person may manufacture in New Zealand any agricultural compound unless that agricultural compound— (a) (b) (c) is a registered trade name product; or is exempt from registration under section 8A; or is manufactured for export only.
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(3) No person may import any agricultural compound into New Zealand unless that agricultural compound— is a registered trade name product; or (a) is exempt from registration under section 8A; or (b) is only to be exported, with or without further process- (c) ing. Section 8: substituted, on 18 October 2007, by section 11 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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8A Exemptions from requirement to register (1) An agricultural compound is exempt from the requirement to be registered under this Part if— (a) it is exempt from registration by regulations made under section 75; or it is listed by the Director-General under section 8B as a substance generally recognised as safe for use as or in an agricultural compound; or it is approved by the Director-General under section 8C on the basis of special circumstances.
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(b) (c) (2) An exemption under this section is valid only if the compound or substance complies with any relevant conditions or require- ments set by the regulations, or by the Director-General under section 8B or 8C. Section 8A: inserted, on 18 October 2007, by section 11 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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8B Director-General may list as exempt substances generally recognised as safe The Director-General may from time to time determine that a substance is generally recognised as safe for use as or in an agricultural compound, and therefore need not be registered under this Part.
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The determination may be that the substance is safe for use either— (1) (2) 18 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 8C (3) (4) (5) without restriction; or subject to conditions. (a) (b) The Director-General must maintain a list of such substances. The list must contain any applicable conditions for their sale or use.
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The Director-General must ensure that— (a) the list is available to the public for inspection free of charge; and copies can be taken on payment of a reasonable charge (if any). (b) The Director-General must by notice in the Gazette notify the making of any addition or amendment to, or deletion from, the list, but the substances concerned need not be specified in the notice.
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Section 8B: inserted, on 18 October 2007, by section 11 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 8C Director-General may approve agricultural compound as (1) (2) (3) (4) exempt in special circumstances The Director-General may approve the importation, manufac- ture, sale, or use of an agricultural compound without regis- tration if the Director-General considers that special circum- stances make it appropriate to grant the approval.
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Sections 9 to 12, with any necessary or appropriate modifica- tions, apply to applications for approval under this section. Sections 19 to 23 and section 25, with any necessary or appro- priate modifications, apply to the Director-General’s consider- ation of an application for approval under this section, and the terms and conditions of any approval.
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In addition,— (a) in considering an application for approval, the Director- General must have regard to whether the agricultural compound concerned fulfils a need that cannot be met by any compound currently available in New Zealand: in granting an approval, the Director-General may im- pose— (i) a condition that the agricultural compound must not be used on or in products intended for human consumption, or in circumstances that may result (b) 19 Part 2 s 9 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (ii) in the compound being consumed directly or in- directly by humans: a condition that the product cannot be imported, manufactured, sold, or used in circumstances other than those specified at the time of the ap- proval.
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(5) The Director-General may at any time, on giving such notice as is reasonable in the circumstances, revoke an approval given under this section, or amend the terms or conditions of an ap- proval. (7) (6) A person who holds an approval may surrender the approval by notifying the Director-General in the form and manner spe- cified by the Director-General.
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The provisions of this Act do not give the holder of an approval the sole right to import, manufacture, sell, or use the agricul- tural compound that is the subject of the approval. If a person acting under the delegated authority of the Dir- ector-General refuses to grant or revokes an approval under this section, or amends the terms or conditions of an approval, the applicant for or holder of the approval may seek a review of that refusal, revocation, or amendment under section 77A.
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Section 8C: inserted, on 18 October 2007, by section 11 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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(8) Registration of agricultural compounds Application for registration 9 (1) Any person may apply to the Director-General to register a trade name product unless that product contains an agricultural compound that is— (a) a substance, mixture of substances, or biological com- pound prohibited from use as an agricultural compound or prohibited from use as an ingredient in an agricultural compound in accordance with regulations made under section 75; or a substance, mixture of substances, or biological com- pound which is exempt from registration as an agricul- tural compound under section 8A.
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(b) 20 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 12 (2) 10 (1) (2) 11 (1) (2) The registrant may apply to the Director-General to vary 1 or more of the conditions on a registered trade name product. Section 9(1)(b): amended, on 18 October 2007, by section 12 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Form of application Every application must be in the form specified from time to time by the Director-General.
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Every application must contain the information specified from time to time by the Director-General for any agricultural com- pound or group of agricultural compounds or trade name prod- uct or products.
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Additional information If, in the opinion of the Director-General, information addi- tional to that provided under section 10 is required to assess the application, the Director-General may— (a) request the applicant to provide such additional infor- mation as the Director-General may specify in writing; and (b) with the permission of the applicant, request any other person to supply such additional information as the Dir- ector-General may specify in writing.
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The Director-General may request any person to provide ad- ditional information other than information protected by sec- tions 73, 109, and 121 for the purpose of verifying any infor- mation supplied to the Director-General, by any person for the purpose of assessing the application.
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12 (1) Director-General to withhold information If, in the Director-General’s opinion, any information which has been supplied to the Director-General in respect of any application may be able to be withheld under section 9(2)(b) of the Official Information Act 1982, that information must not be released to any person when an application is publicly notified.
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(2) Where— (a) the Director-General receives a request to release any information received in respect of an application, other 21 Part 2 s 13 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (b) than information to which Part 6 applies held by the Dir- ector-General under the Official Information Act 1982; and the information to which the request relates,— (i) in the Director-General’s opinion, may be able to be withheld under section 9(2)(b) of that Act; or has been classified as commercially sensitive by the person who gave the information to the Dir- ector-General,— (ii) the Director-General must make all reasonable efforts to con- tact and notify immediately the person who gave the informa- tion to the Director-General that a request to release the infor- mation has been received.
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