50Possession or use of unregistered chemical products

50 Possession or use of unregistered chemical products (1) A person must not have possession of a chemical product unless it is registered.

Agricultural and Veterinary Chemicals (Control of Use) Act 2004 36 (2) A person must not use a chemical product unless it is registered. (3) Subsection (1) or (2) does not apply if: (a) the possession or use of the product by the person is authorised under a permit; (b) the product is declared by the Regulations to be an exempt chemical product for this section; (c) the product is an agricultural chemical product: (i) in the possession of a veterinarian; or (ii) used for an authorised veterinary purpose within the meaning of subsection (5); or (d) the product is a veterinary chemical product: (i) in the possession of or used by a veterinarian or pharmacist; or (ii) prescribed or supplied by a veterinarian to treat an animal under the person's control. (4) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that: (a) the product was registered at some time during the 2-year period immediately before its use by the defendant; (b) the registration of the product ended by virtue of section 47(2) or (3) of the Agvet Code; (c) the defendant's use of the product was in accordance with the instructions on the label that was the approved label immediately before registration of the product ended; and (d) the approved label was on the container from which the defendant used the product when the defendant used the product.

Agricultural and Veterinary Chemicals (Control of Use) Act 2004 37 (5) For subsection (3)(c)(ii), an agricultural chemical product is used for an authorised veterinary purpose if it is used in the course a veterinarian's practice by the veterinarian or a person in accordance with directions given by the veterinarian.