All agricultural inhibitor substances sold and used in New Zealand applied to plants or animals to mitigate adverse impacts on the environment or to mitigate emissions that contribute to climate change.

Regulatory Systems (Primary Industries) Amendment Bill, Clause 4(1); (115 page(s), in English)

Clause 4(1) of the Regulatory Systems (Primary Industries) Amendment Bill (the Bill) adds inhibitor substances to the central definition of 'agricultural compound' in the Agricultural Compounds and Veterinary Medicines Act 1997 (ACVM Act), thereby subjecting inhibitors to the requirements of the ACVM Act.

The ACVM regulates veterinary medicines, pesticides, animal feeds, fertilisers and other 'agricultural compounds' used for specific purposes in the management of plants and animals. The key requirements under the ACVM Act that are relevant under this notification are:

·        Authorisation requirements for importation of inhibitors

·        Conformity assessment procedures, including to assess the product's formula, the efficacy of its claims and what residues it leaves in food and for the health of plants and animals

·        Labelling requirements, including approval of labels in relation to the claims made

·        If registration is granted, appropriate conditions will be placed on the registration to manage certain risks

This proposed measure replaces the 'interim measure' that New Zealand notified on 18 August 2022 (G/TBT/N/NZL/114), however the associated policy intent remains unchanged. On commencement of the Bill, clauses 16 and 17 revoke the interim measure.

Clauses 2(1 and 3) and 13 of the Bill amend the Agricultural Compounds and Veterinary Medicines (Exemptions and Prohibited Substances) Regulations 2011 to provide a one-year transition for agricultural compound companies to register their inhibitor substances used in New Zealand under the ACVM Act once the amendment is in force.

The Regulatory Systems (Primary Industries) Amendment Bill is an omnibus that includes a range of other amendments that are not relevant to this notification. For ease of interpretation, the relevant clauses are summarised below:

Summary of Clauses of the Regulatory Systems (Primary Industries) Amendment Bill related to inhibitors to come into effect on the commencement of the Bill:

·        Clause 4(1), amends the interpretation of the ACVM Act amendments to the Agricultural Compounds and Veterinary Medicines (Exemptions and Prohibited Substances) Regulations 2011 (the amendment Regulations)

·        Clause 14 amends the definition of inhibitor in the Regulations

·        Clause 15 amends schedule 2 item 8A of the Regulations so that inhibitors are exempt from registration

·        Clause 16 revokes the amendment Regulations on commencement of the Bill

·        Clause 17 revokes the Agricultural Compounds and Veterinary Medicines (Inhibitor Substances) Order 2022.

Clauses of the Regulatory Systems (Primary Industries) Amendment Bill that relate to inhibitors and intended to come into effect 12-months after the Bill comes into effect:

·        Clause 2(2) is a commencement clause and provides the 12-month transition period during which inhibitors are exempt from registration

·        Clause 24 revokes the definition of inhibitor when Clause 2(2) comes into effect

Clause 25 revokes item 8A when Clause 2(2) comes into effect.