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(4) (3) Where a person receives notice from the Director-General under subsection (2), that person must, within 10 working days of receipt of the notice, respond to the Director-General stating whether that person believes that the information should be withheld under section 9(2)(b) of the Official Infor- mation Act 1982 and give reasons for that person’s belief.
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https://www.legislation.govt.nz/act/public/1997/0087/22.0/096be8ed80747004.pdf
The Director-General may release the information or withhold the information in accordance with the Official Information Act 1982 if— (a) the Director-General has complied with subsection (2); and the time limit specified in subsection (3) has expired. (b) Section 12(2): amended, on 30 October 2003, by section 3(1) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55).
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Section 12(4): substituted, on 30 October 2003, by section 3(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55).
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Notification of application to Minister and departments The Director-General must, upon receipt of an application, no- tify the nature and proposed use of the trade name product or the proposed variation of conditions to— (a) (b) the Minister; and the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011; and 13 (1) 22 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 14 (2) 14 (1) (2) (c) those departments listed in Schedule 1 of the State Sec- tor Act 1988 that have notified the Director-General that they have an interest in applications made under this Act.
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The Director-General must supply further information to any person notified under this section, if requested to do so by that person, unless that information is protected in accordance with sections 73, 109, or 121. Section 13(1)(b): amended, on 1 July 2011, by section 53(1) of the Environ- mental Protection Authority Act 2011 (2011 No 14).
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Notification of application The Director-General must, upon receipt of an application, publish a notice in the Gazette and give such further notice of the application as the Director-General thinks fit having re- gard to the nature of the application and the persons likely to have an interest in the application.
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The notice must include— (a) a statement that an application has been made to register a trade name product or to vary a condition on a regis- tered trade name product; and a brief summary of the relevant information on the trade name product; and information on the proposed use of the trade name prod- uct or the variation proposed to a condition on a regis- tered trade name product; and a statement that any person may make a written submis- sion; and a closing date for receipt of the submissions by the Dir- ector-General, being no later than 30 working days after the date of public notification; and the place where the application and the accompanying information, other than information protected in accord- ance with sections 73, 109, or 121, may be viewed and the address for service of the Director-General and the applicant.
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(b) (c) (d) (e) (f) 23 Part 2 s 15 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 15 Waiver of notification (1) The Director-General may waive the requirement to notify an application under sections 13 and 14 if— (a) the application is made under section 9(1) and there is a registered trade name product with the same active ingredients and an equivalent formulation as the trade name product that is the subject of the application; or the application is made under section 9(2) and the pro- posed variation of conditions does not affect the evalu- ation of the risks relevant to the trade name product under section 21, when compared to the original evalu- ation under that section.
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(b) The Director-General may waive the requirement to notify an application in accordance with section 14 if, in the Director- General’s opinion, a trade name product is likely to be required for use in— (a) a biosecurity emergency declared under section 144 of the Biosecurity Act 1993; or a special emergency declared under section 49B of the Hazardous Substances and New Organisms Act 1996.
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The Director-General may waive the requirement to notify an application in accordance with section 14 if— (a) (b) the trade name product is not, and does not contain, a hazardous substance or new organism (within the mean- ing of the Hazardous Substances and New Organisms Act 1996); and the Minister has advised the Director-General in writing that— (i) (ii) an emergency has arisen under that Act; and the Minister agrees to the Director-General con- sidering whether to grant a waiver; and the Director-General is of the opinion that the trade name product is likely to be required for use in the emer- gency.
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(b) (c) Section 15(1)(b): substituted, on 18 October 2007, by section 13 of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 15(2): substituted, on 30 October 2003, by section 4 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55).
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(2) (3) 24 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 16 Section 15(3): added, on 30 October 2003, by section 4 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55). Section 15(3)(b)(i): amended, on 7 July 2010, by section 4 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2010 (2010 No 46).
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16 (1) Time limits and waivers The Director-General must,— (a) (b) where section 14 applies to an application, allow 30 working days from the date of public notification for the receipt of submissions: fix a date for consideration of the application being,— where sections 15 and 26(2) apply to the appli- (i) cation, not more than 25 working days after the receipt of the application; or (ii) where the application is publicly notified, not more than 25 working days after the closing date for submissions.
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(2) (3) The Director-General must, unless the agricultural compound is also a hazardous substance or new organism, publicly notify his or her decision not later than 15 working days after the consideration of the application.
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If the trade name product contains an agricultural compound that is also a hazardous substance or new organism and the time limits under subsections (1) and (2) have expired, the Dir- ector-General must publicly notify his or her decision not later than 5 working days after the decision under the Hazardous Substances and New Organisms Act 1996.
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(4) A person may apply to the Director-General to— (a) (b) waive a requirement of this Act concerning— (i) the time within which any action must be carried out; or the information that must be supplied; or (ii) give a direction concerning— (i) the time within which any action must be carried out; or the terms on which any information must be sup- plied.
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(ii) (5) The Director-General must not extend any time period or grant an application under this section to waive a requirement as to 25 Part 2 s 17 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 the time within which any action must be carried out unless he or she is satisfied that— (a) the applicant and the persons making submissions con- sent to that waiver; or any of those parties who have not so consented will not be unduly prejudiced.
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(b) (6) The Minister may at any time extend any time limit under this Act, whether or not an application has been made under this section or that time limit has expired, if he or she is satisfied that— (a) the applicant and the persons making submissions con- sent to the extension; or any of those parties who have not so consented will not be unduly prejudiced,— (b) but in all cases must ensure the matter is carried out as promptly as is reasonable in the circumstances.
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Submissions on applications 17 (1) Any person may make a written submission to the Director- General on any application notified in accordance with sec- tions 13 and 14. The submission— (a) must state in full the reasons for making the submission; (2) and (b) may state any decision sought. Submissions to be forwarded to applicant The Director-General must forward a copy of every submis- sion to the applicant as soon as reasonably practicable after receipt of the submission by the Director-General.
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Relevant risks and benefits The only risks and benefits relevant to a decision under section 21 are— (a) (ab) risks to public health: risks to trade and market access for primary produce arising from the use of the trade name product: risks to agricultural security: (b) 18 19 26 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 21 (c) (d) (e) risks to the welfare of animals which result from treat- ment with or exposure to any substance, mixture of sub- stances, or biological compound that forms a part of the trade name product: risks to domestic food residue standards: the benefits of the trade name product and the likely consequences of the public not having access, or having restricted access, to the trade name product.
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Section 19(a): substituted, on 18 October 2007, by section 14(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 19(ab): inserted, on 18 October 2007, by section 14(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 19(e): amended, on 18 October 2007, by section 14(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Evaluation of risks and benefits The Director-General must, when evaluating the risks and benefits under section 21, have regard to— (a) all relevant scientific and technical information held by the Director-General other than information protected in accordance with section 73, section 109, or section 121; and (b) New Zealand’s international obligations, assurances, and reputation; and any submissions received under section 17.
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(c) Decision on application The Director-General must consider any application made under section 9 and must— (a) identify the risks and benefits likely to result from the manufacture and use of the trade name product, and any known practicable alternative methods of managing those risks; and evaluate the likely risks and benefits of each alternative method identified in accordance with paragraph (a); and decline the application if, in the opinion of the Director- General,— (b) (c) 27 20 21 (1) Part 2 s 22 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (i) (ii) the risks likely to result from the use of that prod- uct cannot be sufficiently reduced by imposing conditions on the registration of the trade name product; or insufficient information is available to assess the risks likely to result from the use of the trade name product; or (d) in every other case, register the trade name product without conditions, or with the conditions imposed in accordance with section 23 that the Director-General, after taking into account the costs of those conditions, considers will— (i) (ii) manage the risks from the use of the product; and impose the least cost on the public.
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The decision to register a trade name product may provide— that the registration expires upon a fixed date; or (a) that the registration expires when the purpose of the (b) registration has been achieved. Subject to the provisions of Part 6, the Director-General must give the decision in writing, with reasons, to the applicant and to every person who made a submission.
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The Director-General must not register a trade name product under this section without the consent of the Director-General of Health if that product is a prescription medicine within the meaning of section 3 of the Medicines Act 1981.
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(2) (3) (4) (5) Where a trade name product contains an agricultural com- pound that is also a hazardous substance or new organism, the Director-General must not register that product under this section, unless an approval for that substance or organism has been issued under the Hazardous Substances and New Organisms Act 1996.
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Term of registration The registration of a trade name product remains in force until— (a) the registration expires in accordance with section 21(2) or section 27(3); or the registration is cancelled in accordance with section 27(6); or (b) 22 (1) 28 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 22 (c) (d) (e) the trade name product is reassessed in accordance with section 29 or section 30, and declined; or the registration is surrendered by the registrant in ac- cordance with section 34(1); or the registration is revoked in accordance with section 57.
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(2) Where registration of a trade name product has ceased in ac- cordance with a provision listed in subsection (1), no person may— (a) (b) import that trade name product; or sell or manufacture within New Zealand or use that trade name product except in accordance with a notice under subsection (3).
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(3) Where registration of a trade name product, other than a pro- visional registration under section 27, has ceased in accord- ance with a provision in subsection (1) of this section, the Dir- ector-General— (a) must remove the trade name product from the register under section 24; and (b) must, by notice in the Gazette, give notice of the re- moval of the trade name product from the register; and (c) may allow the sale and use of the trade name product (but not its manufacture) to continue for a period speci- fied in the Gazette notice; and (d) may require any person holding the trade name prod- uct— (i) (ii) to surrender that product to the Director-General; or to dispose of that product in the manner deter- mined by the Director-General at the expense of the person holding the product.
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(4) Where a trade name product was registered in accordance with section 27, the trade name product must be disposed of in ac- cordance with the conditions on the registration of the product. Section 22(2)(b): amended, on 18 October 2007, by section 15(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 22(3): substituted, on 18 October 2007, by section 15(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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29 Part 2 s 23 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 Conditions on trade name products The Director-General may register a trade name product in ac- cordance with section 21, subject to all or any of the following conditions: (a) (b) a condition on the use of the trade name product: a condition requiring the trade name product to origin- ate from specified sources: a condition restricting the importation to certain classes of persons: a condition specifying the labelling, advertising, or other information requirements for the trade name product: a condition specifying standards of competence for manufacturers, sellers, purchasers, or users of the trade name product: a condition requiring an operating plan approved by the Director-General under section 28 to be followed when importing, manufacturing, selling, distributing, storing, transporting, or using the trade name product: a condition on the packaging or storage of the trade name product: a condition specifying standards of quality, purity, and potency for the trade name product: a condition specifying procedures for testing the trade name product for quality, purity, or potency: a condition requiring systems to be approved to ensure that the trade name product meets specified standards of quality, purity, and potency, and procedures for auditing those systems: a condition requiring that persons who import, manu- facture, sell, or use a trade name product must do so under the authority of, and in compliance
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do so under the authority of, and in compliance with any re- quirements of, a recognised person or any class or de- scription of recognised persons: a condition requiring that persons who authorise the use of a trade name product must do so in compliance with any requirements specified by the Director-General: (c) (d) (e) (f) (g) (h) (i) (j) (ja) (jb) 23 (1) 30 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 23 (k) (l) (m) a condition requiring information and records to be kept and to be reported, or made available on request, to the Director-General, or an ACVM officer: a condition requiring samples of the trade name prod- uct to be taken and tested and the test results to be made available on request to the Director-General, or an ACVM officer: such other conditions as the Director-General considers necessary to achieve the purposes of this Act.
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(4) (3) (2) A condition imposed in accordance with this section may apply to any specified class of person or to every person who imports, manufactures, sells, or uses a trade name product; and every person to whom a condition applies must comply with that condition. The Director-General must, when imposing conditions in ac- cordance with this section, take into account conditions im- posed in any prescribed countries on the trade name product.
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The Director-General must not impose conditions under this section if he or she is satisfied that the relevant risks that the conditions would address are already adequately managed by conditions or controls imposed by or under any other Act. The specificity of the conditions listed in paragraphs (a) to (l) of subsection (1) does not limit the conditions that may be imposed under paragraph (m) of that subsection.
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Section 23(1)(f): substituted, on 18 October 2007, by section 16(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). (5) Section 23(1)(ja): inserted, on 18 October 2007, by section 16(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 23(1)(jb): inserted, on 18 October 2007, by section 16(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 23(1)(k): amended, on 18 October 2007, by section 16(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 23(1)(l): amended, on 18 October 2007, by section 16(3) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 23(4): added, on 18 October 2007, by section 16(4) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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31 Part 2 s 24 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 Section 23(5): added, on 18 October 2007, by section 16(4) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 24 (1) Register of agricultural compounds The Director-General must keep a register of all registered trade name products registered under section 21. (1A) The register may be kept in such manner as the Director-Gen- eral thinks fit.
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The register must specify— (a) (b) 1 trade name for the trade name product; and the name and principal business address of each regis- trant and his or her New Zealand agent; and those particulars of the registered trade name product that are consistent with section 73; and the application number and the date on which the appli- cation was granted; and [Repealed] the conditions placed on the registration under section 23; and the date and period of any suspension of registration under section 30A, and a brief indication of the reason for the suspension; and the termination of any registration by any of the provi- sions listed in section 22; and a summary of the reasons for the decision; and the expiry date, if any, of a registration; and the name and contact details of the persons who are or will be manufacturing the trade name product; and such other matters as the Director-General thinks fit.
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(c) (d) (e) (f) (fa) (g) (h) (i) (j) (k) [Repealed] The register must also specify any agricultural compounds or any class or description of agricultural compounds exempted from registration by regulations made under section 75. Every person has the right to inspect the register during the ordinary office hours of the office where the register is held.
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The registrant must notify the Director-General of any change to the matters in subsections (2)(b) and (j) within 20 working days of the change taking place. (2) (3) (4) (5) (6) 32 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 25 Section 24(1): amended, on 18 October 2007, by section 17(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 24(1A): inserted, on 18 October 2007, by section 17(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 24(2)(c): amended, on 18 October 2007, by section 17(3)(a) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 24(2)(e): repealed, on 18 October 2007, by section 17(3)(b) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 24(2)(f): amended, on 18 October 2007, by section 17(3)(c) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 24(2)(fa): inserted, on 18 October 2007, by section 17(4) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 24(2)(j): substituted, on 18 October 2007, by section 17(5) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 24(3): repealed, on 18 October 2007, by section 17(6) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 24(4): amended, on 18 October 2007, by section 17(7) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Section 24(6): amended, on 7 May 1999, by section 2 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 1999 (1999 No 26).
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25 (1) Certificate of registration The Director-General, when registering any trade name prod- uct in accordance with section 21 or section 27, must issue to the applicant a certificate of registration which must specify the matters in section 24(2)(a), (b), (d), (f), and (i), and may specify the matters in section 24(2)(k).
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(2) Where the Director-General is satisfied that a certificate of registration has been lost, destroyed, or cannot be produced, the Director-General may at any time, on application made to him or her by the registrant on a form approved by the Director-General for the purpose, issue a further certificate of registration to the registrant.
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The Director-General must keep a copy of— (3) 33 Part 2 s 26 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 each certificate of registration; and each application for registration. (a) (b) Section 25(1): amended, on 18 October 2007, by section 18(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 25(3): added, on 18 October 2007, by section 18(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Application for provisional registration 26 (1) Any person may apply to the Director-General to provisionally register a trade name product of an agricultural compound. (3) (2) An application made under subsection (1) must be notified in accordance with section 13 but is not notified in accordance with section 14.
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Sections 10, 11, 12, 15, and 19(a), (ab), (b), (c), and (d), with the necessary modifications, apply to any application for pro- visional registration under subsection (1). Section 26(3): amended, on 18 October 2007, by section 19 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Decision on application for provisional registration The Director-General must consider any application made under section 26 and must identify, in accordance with section 19(a), (ab), (b), (c), and (d), the risks likely to be caused by provisionally registering the trade name product.
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The Director-General must provisionally register the trade name product if— (a) (ii) the provisional registration will enable the product’s use— (i) for the purpose of obtaining further information on it in order to determine whether it should be registered under section 21; or in research that does not have as a purpose the registration of the product in New Zealand; and in the Director-General’s opinion, the risks of using the product can be adequately managed by imposing con- ditions on the provisional registration that— (i) ensure that neither the product nor any animals, plants, or primary produce to which it has been (b) 27 (1) (2) 34 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 28 (ii) applied or exposed are sold, released, or used in any way for purposes other than those for which the provisional registration is granted; and ensure that the product and any animals, plants, or primary produce to which it has been applied or exposed are disposed of in a way that min- imises the risks from it.
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(3) (4) (5) (6) Every trade name product provisionally registered under this section must be registered for a fixed time sufficient only to achieve the purpose of the registration. The Director-General may extend the time of provisional registration if, in his or her opinion, an extension is necessary to achieve the purpose of the registration.
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Every trade name product provisionally registered under this section must be registered with the conditions necessary to achieve the purposes of the provisional registration. The Director-General may cancel the provisional registration if, in the Director-General’s opinion, the risks are not being adequately managed by the conditions imposed.
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(7) Where a trade name product contains an agricultural com- pound that is also a hazardous substance or new organism, the Director-General must not provisionally register that trade name product under this section unless an approval for that substance or organism has been issued under the Hazardous Substances and New Organisms Act 1996. Section 27(1): amended, on 18 October 2007, by section 20 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Section 27(2): substituted, on 15 November 2000, by section 4(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50). Section 27(5): amended, on 15 November 2000, by section 4(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2000 (2000 No 50).
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28 (1) Director-General may approve operating plans This section applies where— (a) an approved operating plan is required as a condition of— (i) registration of a trade name product; or 35 Part 2 s 29 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (2) (3) 29 (1) (ii) (iii) exemption under section 8A from the require- ment to be registered under section 21 or 27; or recognition of a person under section 62 in rela- tion to the performance of certain functions: an operating plan is submitted to the Director-General for approval.
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(b) The Director-General may approve an operating plan submit- ted to him or her. The Director-General may, by notice in writing, amend or re- voke any approval of an operating plan under subsection (2), following consultation with the person whose operating plan it is. Section 28: substituted, on 18 October 2007, by section 21(1) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Reassessment of trade name products The Director-General may, after consultation with the regis- trant, decide to reassess a trade name product registered under section 21 or a group of trade name products registered under section 21 with the same active ingredient and similar formu- lations if, in the opinion of the Director-General,— (a) significant new information on a matter related to the use of the registered trade name product or group of trade name products has become available; or there has been a significant change in the use of any or all of the registered trade name products.
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(2) A decision under subsection (1) must be notified to the regis- trant or registrants and notified in accordance with sections 13 and 14, and those sections apply with any necessary modifica- tions. (b) (3) A decision under subsection (1) is deemed to be a new applica- tion for the trade name product and the provisions of sections 11, 12, and 17 to 25 apply to the application with any neces- sary modifications.
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Section 29(1)(a): amended, on 7 July 2010, by section 5(1) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2010 (2010 No 46). Section 29(2): amended, on 7 July 2010, by section 5(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2010 (2010 No 46).
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36 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 30A 30 (1) Reassessment of provisional registration The Director-General may, after consultation with the regis- trant, decide to reassess a trade name product registered under section 27 or a group of trade name products registered under section 27 with the same active ingredient and similar formu- lations if, in the opinion of the Director-General, significant new information on the provisionally registered trade name product has become available.
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(2) A decision under subsection (1) must be notified to the regis- trant. (3) A decision under subsection (1) is deemed to be a new appli- cation for provisional registration for the trade name product and the provisions of sections 26 and 27 apply to the applica- tion with any necessary modifications.
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30A Suspension of registration (1) The Director-General may at any time suspend registration of a trade name product registered under section 21 or section 27 for a period of up to 3 months if the Director-General has rea- sonable grounds to believe that any condition imposed upon registration is not being complied with. The Director-General may impose conditions and require- ments in respect of the implementation and operation of a suspension under this section.
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(2) (3) Where the Director-General proposes to suspend registration under this section, he or she must give written notice of that fact to the registrant, specifying— (a) (b) (c) the reason for the suspension; and the period of the suspension; and the date on which or time at which it commences (which may not be earlier than the date or time of notification); and any conditions or requirements in relation to the suspen- sion.
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(d) (4) If the Director-General considers it necessary in the circum- stances, and after having notified the registrant of the proposed extension and the reasons for it, and having given the registrant a reasonable opportunity to be heard, the period of suspension 37 Part 2 s 31 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 may be extended once for such further period not exceeding 3 months as the Director-General notifies to the registrant in writing before the expiry of the original suspension.
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The Director-General must notify any suspension of registra- tion of a trade name product registered under section 21 in the Gazette. (5) (6) A suspension under this section does not affect any other ac- tions that the Director-General or an ACVM officer may take under this Act.
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(8) (7) Where registration is suspended under this section, the Dir- ector-General may direct the registrant to take action appro- priate to deal with any affected trade name product, and may exercise any of his or her other powers. If a person acting under the delegated authority of the Dir- ector-General suspends any registration under this section, the registrant may seek a review of the suspension under section 77A.
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The effect of a suspension of registration under this section is that no person may import, manufacture, sell, or use the relevant trade name product during the period of suspension, unless allowed to do so by a condition or requirement imposed under subsection (2). Section 30A: inserted, on 18 October 2007, by section 22 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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(9) Director-General may prohibit or restrict product or group of products Where a decision has been made in accordance with section 29 or section 30 to reassess a registered trade name product or group of trade name products, the Director-General may, if he or she thinks fit, prohibit or restrict the importation, manufac- ture, sale, or use of that trade name product or group of trade name products until a decision is made under section 21 or section 27.
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Section 31 heading: amended, on 7 July 2010, by section 6(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2010 (2010 No 46). Section 31: amended, on 7 July 2010, by section 6(2) of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2010 (2010 No 46).
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31 38 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 34 32 Meaning of new information For the purposes of sections 29 and 30, new information in- cludes, but is not limited to, information not previously con- sidered by the Director-General during an assessment of the registered trade name product and information indicating that conditions placed on the registered trade name product in ac- cordance with section 23 or section 27 do not adequately man- age the risks associated with that trade name product.
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33 No compensation or damages following reassessment of trade name product or revocation or amendment of approval (1) Where a registered trade name product is reassessed in accord- ance with section 29 or 30, no compensation or damages are payable to any person for any loss whatsoever arising out of the reassessment.
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(2) Where an approval is revoked or amended in accordance with section 8C(5), no compensation or damages are payable to any person for any loss whatsoever arising out of the revocation or amendment. Section 33: substituted, on 18 October 2007, by section 23 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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34 (1) Transfer and surrender of registration The registration of a trade name product— (a) may, if the registration is granted under section 21, be transferred by the registrant to any other person; or (b) may, if the registration is granted under section 21 or section 27, be surrendered by a registrant.
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(1A) A registrant who intends to transfer the registration to another person or to surrender the registration must notify the Director- General of that intention in the form and manner specified by the Director-General. (2) Where the registration is transferred under subsection (1)(a), the transfer is not valid until the Director-General has entered the name of the transferee on the register as the registrant.
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Section 34(1)(b): amended, on 18 October 2007, by section 24(1) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 39 Part 2 s 35 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 Section 34(1A): inserted, on 18 October 2007, by section 24(2) of the Agri- cultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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35 (1) (2) Rights of registrant The provisions of this Act do not give the registrant of a trade name product registered under section 21 the sole right to im- port, manufacture, sell, or use that trade name product. The provisions of this Act do give the registrant of a trade name product registered under section 27 the sole right to im- port, manufacture, sell, or use that trade name product.
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Certificates of compliance for agricultural compounds Heading: inserted, on 18 October 2007, by section 25 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 35A Director-General may issue certificates of compliance (1) The Director-General, or a person authorised by the Director- General under section 35E, may issue a certificate of compli- ance in respect of any agricultural compound.
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(2) Without limiting the matters to which a certificate of compli- ance may apply, a certificate of compliance is a general state- ment attesting, in respect of an agricultural compound,— (a) that the agricultural compound complies with the re- quirements of this Act specified in the certificate of compliance: if appropriate, that the situation in New Zealand in re- lation to any matter concerning agricultural compounds is as stated in the certificate of compliance.
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(3) A certificate of compliance is not a guarantee that the con- tents of all or any particular consignments of agricultural com- pounds to which it relates— (a) (b) necessarily meet the requirements of any person relying on the certificate of compliance; or are fit for use no matter what the status or description of the user or what has happened to the consignment or what has been its treatment since it left New Zealand; or (b) 40 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 2 s 35D (c) are fit for use for a purpose other than that for which they were intended.
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Section 35A: inserted, on 18 October 2007, by section 25 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). 35B Form and content of certificate of compliance (1) A certificate of compliance may be in the form of a certificate or declaration or in such other form as the Director-General determines. (2) A certificate of compliance may relate to— (a) (b) (c) 1 or more consignments of agricultural compound; or 1 or more export destinations; or any combination of the above.
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(3) A certificate of compliance may be communicated to its ap- propriate destination by writing, fax, electronic means, or any other form of communication that is accurate, clear, and veri- fiable. Section 35B: inserted, on 18 October 2007, by section 25 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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35C Obtaining of certificate of compliance (1) A person who wishes to obtain a certificate of compliance in respect of any agricultural compound may apply in a manner approved by the Director-General, and must supply any infor- mation required by the Director-General and pay any relevant fee.
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The Director-General or person authorised under section 35E need not issue a certificate of compliance unless satisfied that the information obtained from the applicant justifies the giving of the certificate of compliance. Section 35C: inserted, on 18 October 2007, by section 25 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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(2) 35D Certificate of compliance may be withdrawn, and reissued (1) A certificate of compliance may be withdrawn by the Director- General or other person authorised by the Director-General if the Director-General or person is satisfied that— (a) the certificate was incorrectly or inappropriately given; or 41 Part 2 s 35E Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (2) (b) events or circumstances occurring since the certificate was issued mean that it no longer holds true, or is mis- leading.
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The Director-General or other person authorised may, on ap- plication in a manner approved by the Director-General and on payment of the prescribed fee (if any), reissue a withdrawn certificate of compliance (with modifications, if appropriate) as a new certificate of compliance. Section 35D: inserted, on 18 October 2007, by section 25 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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35E Persons authorised to issue certificates of compliance The Director-General may designate 1 or more persons em- ployed within the Ministry as persons authorised to issue cer- tificates of compliance for the purposes of this Act. Section 35E: inserted, on 18 October 2007, by section 25 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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35F No Crown liability The Crown, the Director-General, and employees of the Min- istry are not liable, by reason of the issue, refusal or failure to issue, or withdrawal of a certificate of compliance in respect of any agricultural compound, for any loss arising through the refusal or failure of the relevant authority of an overseas mar- ket to admit an agricultural compound intended to be exported to that market.
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Section 35F: inserted, on 18 October 2007, by section 25 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93). Recall of agricultural compound Heading: inserted, on 18 October 2007, by section 25 of the Agricultural Com- pounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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35G Recall of agricultural compound (1) The Director-General may, by notice in writing, direct the re- call of any agricultural compound for the purpose of rectifi- cation, disposal, or destruction if, in the opinion of the Dir- ector-General,— 42 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 3 s 36 (a) (b) the compound does not comply with any requirements of this Act or of regulations made under this Act; and the non-compliance could result in serious or significant risk to the matters referred to in section 4.
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(2) A notice under this section (a recall notice) may require any person holding the agricultural compound to rectify the non- compliance under subsection (1), or dispose of or destroy the compound in the manner determined by the Director-General at the expense of the person holding the compound. (3) A recall notice may be directed to any 1 or more persons who own or have control over the agricultural compound in ques- tion.
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(4) On receipt of a recall notice, the person on whom it is served must as soon as practicable— (a) (b) advise the Director-General of the details of the manner in which the notice is to be complied with; and give written notice to the Director-General when the recall, and any specified requirement associated with the recall, has been completed.
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(5) If a person who owns or has control of the agricultural com- pound fails or refuses to comply with a recall notice, the Dir- ector-General may— (a) take any reasonable steps necessary to give effect to the recall notice (including entry by ACVM officers into premises under a warrant); and recover the costs and expenses reasonably incurred under paragraph (a) as a debt due from that person.
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(b) Section 35G: inserted, on 18 October 2007, by section 25 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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Part 3 Powers of Director-General and Minister 36 Powers and functions of Director-General In addition to any powers and functions given to the Director- General under this Act, the Director-General may— (a) encourage and facilitate the reporting by any person of any adverse effects from the use of agricultural com- pounds: 43 Part 3 s 37 Agricultural Compounds and Veterinary Medicines Act 1997 Reprinted as at 1 July 2011 (b) disseminate information and advice on agricultural compounds.
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37 Delegation by Director-General [Repealed] Section 37: repealed, on 18 October 2007, by section 26(1) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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38 (1) Policy directions In the exercise and performance of his or her functions, powers, and duties under this Act, the Director-General must have regard to those policies of government that are applicable to agricultural compounds, and must comply with any general directions relating to that policy given to the Director-General from time to time by notice in writing signed by the Minister.
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(2) Where a notice is given to the Director-General under sub- section (1), the Minister must, as soon as practicable after the giving of the notice, publish in the Gazette and present to the House of Representatives a copy of the notice.
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39 Minister’s power to call in applications with significant effects (1) Where the Minister considers that the decision on any applica- tion under this Act (other than an application for an approval under section 8C or for a certificate of compliance under sec- tion 35C) is likely to have— (a) (b) significant economic effects; or significant effects on New Zealand’s international inter- ests or obligations; or significant effects in areas where the Director-General lacks expertise,— (c) the Minister may direct that the Minister will decide the appli- cation.
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The direction must include the Minister’s reasons for giving it. Section 39(1): amended, on 18 October 2007, by section 27 of the Agricultural Compounds and Veterinary Medicines Amendment Act 2007 (2007 No 93).
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(2) 44 Reprinted as at 1 July 2011 Agricultural Compounds and Veterinary Medicines Act 1997 Part 3 s 42 Notification of Minister’s direction 40 (1) A direction by the Minister under section 39 is not effective in respect of any application unless the Minister’s direction is presented to the House of Representatives not more than 24 working days after receipt of the application. The Minister must forward a copy of his or her direction to the Board of Inquiry and the applicant.
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