Under the Agvet Code, there are limits on the use of information given to the Australian Pesticides and Veterinary Medicines Authority (APVMA) in connection with an application made under section 10 or section 27, or if the information was given under section 161. This information is subject to a limitation period.
The limits on use of information provisions do not apply to information if it is information to which a limitation period applies and the limitation period has ended.
If the information is provided to the APVMA in connection with such an application, and the application is not granted (for example, it is refused by the APVMA or withdrawn by the applicant), that information does not have a limitation period and it remains subject to the limitation on use of information provisions (that is, its use is limited indefinitely).
Table 1 sets out the relevant limitation periods for information given in connection with an application made under section 10 or section 27 of the Agvet Code.
| Item | Information types | Limitation period |
|---|---|---|
| 1 | Information given in connection with an application under section 10 for approval of an active constituent (for a proposed or existing chemical product) that was not a previously endorsed active constituent and the information was relied on for approval of the active constituent | 10 years after the active constituent is approved |
| 2 |
Information given in connection with an application under section 10 for: a) registration of a chemical product, at least one of whose active constituents was not a previously endorsed active constituent when the application passed preliminary assessment; or
b) approval of a label for a container for a chemical product, at least one of whose active constituents was not a previously endorsed active constituent when the application passed preliminary assessment, and the information was relied on to register the product or approve the label |
10 years after the product is registered and the label approved |
| 3 | Information given in connection with an application (except one covered by item 2) made under section 10 for registration of an agricultural chemical product or approval of a label for a container for an agricultural chemical product, and the information was relied on to register the product or approve the label | 5 years after the product is registered and the label approved |
| 4 | Information given in connection with an application (except one covered by item 2) made under section 10 for registration of a veterinary chemical product or approval of a label for a container for a veterinary chemical product and the information was relied on to register the product or approve the label | 3 years after the product is registered and the label approved |
| 5 | Information given in connection with an application made under section 27 for variation of the relevant particulars or conditions of the registration of an agricultural chemical product or approval of a label for a container for an agricultural chemical product and the information was relied on to vary the relevant particulars or conditions | 5 years after the relevant particulars or conditions are varied |
| 6 | Information given in connection with an application made under section 27 for variation of the relevant particulars or conditions of the registration of a veterinary chemical product or approval of a label for a container for a veterinary chemical product and the information was relied on to vary the relevant particulars or conditions | 3 years after the relevant particulars or conditions are varied |
Table 2 sets out the limitation periods for information given to the APVMA under section 161 of the Agvet Code.
| Item | Circumstance in which information is given | Limitation period |
|---|---|---|
| 1 | Given under section 161 in connection with an agricultural chemical product | 5 years after the information is given |
| 2 | Given under section 161 in connection with a veterinary chemical product | 3 years after the information is given |