Proposed product stewardship regulations for agrichemicals, their containers, and farm plastics

The Ministry would be responsible for any monitoring and enforcement related to the proposed new regulations under the WMA. Monitoring and enforcement will not be delegated to the accredited scheme, but the PSO will have contractual relationships with the obligated parties. The WMA allows for enforcement proceedings. Infringement offences are not provided for.

Where there are alleged breaches or non-compliance, WMA enforcement tools may be used to bring about positive behaviour change and to deter future offences. Enforcement measures would be proportionate to the seriousness of the non-compliance, following an investigation. Penalties for contravening regulations include fines of up to $100,000 (section 65 and section 67 of the WMA).

As part of selling the products exclusively in accordance with an accredited scheme, the PSO would set up agreements with participants. Matters set out in such agreements would include record-keeping, declaring product quantities sold, paying the stewardship fee and informing consumers at point-of-sale about the recycling services. If liable parties do not comply, the PSO may escalate the matter to the Ministry for potential investigation and enforcement.