Purpose of this consultation
We are seeking your views on proposed regulations to enable a national take-back and recycling scheme for agrichemicals, their containers, and farm plastics.
This is a form of product stewardship. Product stewardship is where people and organisations involved in the life cycle of a product (eg, producers, importers, retailers and consumers) share responsibility for minimising environmental harm and maximising the net benefit from the product at the end of its useful life.
In-scope product groups we propose to regulate
The regulations would cover four types of product considered to be among the most problematic:
- agrichemicals sold in plastic containers and drums of 1,000 litres or less (including household pest and weed control products)
- plastic bale wrap and silage sheet
- small plastic bags (40 kilograms or less when full) containing products such as seed, feed, fertiliser, soil and crop inputs, farm and animal supplements
- bulk woven polypropylene bags (over 40 kilograms when full) containing products such as seed, feed, fertiliser, soil amendments, minerals and bulk nutrition.
What is the problem we are seeking to address?
Currently, not all farmers have access to take-back and recycling services for agrichemicals, their containers, and farm plastics. This contributes to ongoing but avoidable practices, such as on-farm burning, burial or indefinite storage in some rural areas. This in turn risks harming the environment and our health, and losing recyclable materials. Regional council rules to control on-farm waste disposal – including bans on burning plastics – vary greatly between regions and are difficult to enforce.
Since 2006, two voluntary product stewardship schemes – run by Agrecovery and Plasback – have offered take-back services for agrichemicals and their containers, and some farm plastics. Both schemes have made steady progress in reducing waste, but engagement by producers and farmers has plateaued, and some parts of the country remain poorly served.
The Green-farms Product Stewardship Scheme
A new product stewardship scheme was developed by industry stakeholders, and accredited by the Minister for the Environment in October 2023. It is provisionally named Green-farms, according to its accreditation. This scheme is not operating yet, pending government decisions on the regulations.
According to its accreditation, the scheme would offer a free-to-use take-back service to consumers (mainly farmers and growers), initially covering the four product categories listed above. For agrichemicals, the scheme would take back containers and residual agrichemicals only.
Over time, the scheme may include other farm plastics, such as netting and wool fadges. However, these are not among the materials currently proposed for the regulations to cover.
The scheme was designed to work alongside regulations under the Waste Minimisation Act 2008 (WMA). This approach was supported by industry stakeholders during the co-design process. The costs of running the scheme and managing the take-back and treatment will be covered by fees paid by producers and importers of in-scope products, who will likely pass on some or all of the fees to consumers.
The proposal
We are consulting on two options:
- Option 1: Introduce WMA regulations. These will support the accredited scheme for the in-scope products.
- Option 2: No action (maintain the voluntary approach). No regulations would be made. The current schemes may continue with voluntary stewardship of agrichemical containers and other farm plastics.
Your responses to this consultation will inform Cabinet consideration of the options.
Under Option 1, WMA regulations would prohibit the sale of agrichemicals in specified container types and certain farm plastics, except in accordance with the accredited scheme for these (ie, Green-farms). The obligation to sell only in accordance with the scheme would apply to the four product groups listed above.
All producers and importers placing these products on the New Zealand market would be required to pay a stewardship fee designed to cover end-of-life management of the products.1 The proposed fees are in section 3.2.
The regulations aim to address the shortcomings of voluntary stewardship by:
- establishing a level playing field, in which all producers, importers and retailers of priority products share responsibility (and costs) for managing the in-scope products at end of their life, eliminating the free-riding costs on the existing voluntary Agrecovery scheme
- offering farmers and other consumers a free-to-use and convenient take-back service – reducing the incentive for inappropriate disposal (eg, burying or burning) and diverting waste away from landfill
- enabling the Government to enforce the requirements.
1 For in-scope agrichemicals, the fee only covers the end-of-life management of residual agrichemicals in the containers that farmers (and other consumers) give back to the scheme. For non-residual/bulk agricultural chemical recovery and disposal, Agrecovery will continue its user-pays service.