New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The following persons are exempt from the requirements of the Food Hygiene Regulations 1974, and therefore from the application of this Part, in respect of any operations carried out under a risk management programme registered under Part 2 of the Animal Products Act 1999:
(a) primary processors of animal material, dual operator butchers, and other persons required by that Act to operate under a registered risk management programme:
(b) secondary processors of animal products that are food who have elected, by registering a risk management programme as provided in section 32 of that Act, to be subject to the provisions of that Act rather than the Food Act regime:
(ba) dairy processors (as defined in section 4(1) of the Animal Products Act 1999):
(c) subject to subsection (2), secondary processors of animal products that are food who have, in accordance with section 34 of the Animal Products Act 1999, registered a food safety programme as a risk management programme for the purpose of operating under the 2 programmes alternatively or intermittently.
(2) A person who is subject to any regulated control scheme under the Animal Products Act 1999 is also exempt from the requirements of the Food Hygiene Regulations 1974, and therefore from the application of this Part, in respect of any operations that are covered by the regulated control scheme, unless the regulated control scheme specifically states that such operations are not to be treated as exempt from the Food Act regime.
(3) The exemption from the requirements of this Part or of the Food Hygiene Regulations 1974 of secondary processors referred to in subsection (1)(c) relates only to operations carried out under the registered risk management programme in accordance with the terms and conditions of its registration.
(4) Any food safety programme that is so registered as a risk management programme is to be subject to whichever audit or verification regime is specified for it under section 34(3) of the Animal Products Act 1999.
(5) The terms primary processor and secondary processor have the meanings given by section 4 of the Animal Products Act 1999.
Section 8AA: inserted, on 1 November 1999, by section 8(1) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
Section 8AA(1)(ba): inserted, on 1 June 2005, by section 10(1) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).
