G/TBT/N/NZL/114  
18 August 2022  
(22-6279) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  NEW ZEALAND  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Ministry for Primary Industries  
Charles Fergusson Building  
34 – 38 Bowen Street  
PO Box 2526  
Wellington 6140  
New Zealand  
Tel: +64 4 830 1574  
Email: food.policy@mpi.govt.nz  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Standards New Zealand,  
Phone: +64 4 498 5990  
Email: wto@standards.co.nz  
Website: www.standards.govt.nz   
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered  (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  46 
inhibitor substances (as listed in the interim Order in Council). You can see the Order 
here. 
5. Title, number of pages and language(s) of the notified document:  Agricultural 
Compounds and Veterinary Medicines (Inhibitor Substances) Order 2022. Four pages in 
English.  
Agricultural Compounds and Veterinary Medicines (Exemptions and Prohibited 
Substances) Amendment Regulations 2022. Two pages in English.; (2 page(s), in English)  
6. Description of content:   
This is an interim Order in Council that declares 46 inhibitor su bstances as 'agricultural 
compounds' and enables these substances to be registered under the Agricultural 
Compounds and Veterinary Medicines Act 1997 (ACVM Act). The Order in Council also 
provides a definition for what an inhibitor is. In early 2022, the 4 6 listed inhibitor 
substances were identified with help from agrichemical companies as being used under 
this definition.  
The ACVM Act does not currently provide a pathway for inhibitors to be registered under 
the Act, because they are considered 'out of scope'. This interim measure responds to G/TBT/N/NZL/114  
 
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  requests by agrichemical companies that inhibitors are able to be registered under  the 
ACVM Act. Consultation with farming groups indicate broad support for inhibitors to be 
registered under the AVCM Act to increase certainty regarding the use of the substances 
for inhibiting purposes. Proposed legislation to amend the scope of the ACVM  Act to 
include inhibitors is expected to be introduced to Parliament in late 2022. New Zealand 
will issue a further TBT notification at that time with an opportunity to comment on the 
regulatory changes. Any comments received on the interim measure will a lso be 
considered as part of this process.  
Inhibitors that are not listed on the interim Order in Council can continue to be sold and 
used in New Zealand (subject to them meeting other relevant regulatory requirements 
such as under the Hazardous Substances  and New Organisms Act 1996).  
Both the interim Order in Council and Regulations came into force on 18 July 2022. The 
Regulations provide a transition period of 2 years for the 46 inhibitor substances on the 
Order in Council.  
7. Objective and rationale, in cluding the nature of urgent problems where 
applicable:   
Inhibitors can be used as a mitigation tool to help meet climate change and other 
environment goals. The current overall regulatory framework for inhibitors has a health 
and safety and environmental focus. The objective is to also appropriately manage 
potential risks of residues in food, or risks to animal and plant health. These risks are 
managed under the ACVM Act, but inhibitors are currently 'out of scope'. The interim 
Order in Council and Regulat ions are needed to bring the listed inhibitor substances 'within 
scope'. This will complement the Food Act which requires all food sold (including exported) 
to be safe and suitable.  
Agrichemical companies also advised that they sought wider regulatory oversight 
regarding the use of inhibitors that they sell in New Zealand. These factors led to the 
farming and agrichemical industries seeking for inhibitors to be regulated under the ACVM 
Act. As inhibitors were not previously within the scope o f the ACVM Act, the ACVM Act will 
need to be amended in the long -term.; Protection of human health or safety; Protection 
of animal or plant life or health; Protection of the environment  
8. Relevant documents:   
Agricultural Compounds and Veterinary Medicin es (Inhibitor Substances) Order 2022. You 
can see the Order here.  
Agricultural Compounds and Veterinary Medicines (Exemptions and Prohibited 
Substances) Regu lations 2011. You can see the Regulations here 
9. Proposed date of adoption:  18 July 2022;  
The interim Order in Council and Amendment Regulations were passed on 13 June and 
came into effect on 18 July 2022.  
A further notification will be issued in late 2022 when proposed legislation to amend the 
ACVM Act is expected to introduced to Parliament. Any comments received on the interim 
measure will also be co nsidered as part of this process.  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Enquiries, email: food.policy@mpi.govt.nz