Animal Products Act 1999 No 93 (as at 07 July 2010), Public Act

3 General scheme of Act
  • (1) In general terms, this Act seeks to achieve its objects by the following means:

    • (a) Individual risk management programmes

      Part 2 generally requires all primary processors of animal material and products, and certain secondary processors of animal products for human or animal consumption, to operate under registered and independently verified risk management programmes suitable to their own particular animal material, products, and operations, unless and to the extent that such a programme is deemed unnecessary by reason of—

      • (i) the negligible degree of risk associated with the relevant animal material, product, operations, or intended product use; or

      • (ii) the fact that the animal material or product and operations concerned are covered by another legislative regime.

      Provision is also made for other persons involved with animal material or products to operate under risk management programmes where the risk factors involved, or the requirements of overseas markets, justify such a requirement:

    • (b) Regulated control schemes

      Part 3 makes provision for the imposition of regulated control schemes in the case of animal material or products or matters for which individually tailored risk management programmes are impracticable or inappropriate. These schemes may be an alternative or a supplement to individual risk management programmes:

    • (c) Animal product standards

      Part 4 provides for the setting of animal product standards that set criteria that must be met for particular animal products to be treated as fit for their intended purpose (whether or not those products are also produced under an individual risk management programme or a regulated control scheme), and for the setting of any technical specifications required to meet those standards:

    • (d) Exports of animal material and products

      Part 5 makes special provision in relation to the export of animal material and products from New Zealand, by—

      • (i) requiring the registration of all exporters of animal material and products intended for human or animal consumption, and certain other animal products (subject to exemptions); and

      • (ii) where appropriate in the light of the requirements of foreign governments, specifying requirements which may be additional to domestic New Zealand requirements for certain products; and

      • (iii) where appropriate, providing for the giving of official assurances to overseas authorities in relation to animal material or products exported from New Zealand:

    • (e) Homekill and recreational catch

      Part 6 makes special provision for the treatment of animals that are homekill or recreational catch, by—

      • (i) allowing for homekill or recreational catch to be processed either by the person whose homekill or recreational catch it is, or by a listed homekill or recreational catch service provider who operates outside the normal risk management and regulatory system contained in Parts 2 to 4; and

      • (ii) imposing restrictions to ensure that homekill and recreational catch products cannot be traded or exported, or mingled with animal material or products that are for trade or export.

    (2) The other provisions of this Act provide the mechanisms necessary to underpin the general scheme of the Act, and in particular include offence provisions imposing significant penalties for offences such as trading in animal products that have not been processed in compliance with the Act.

    (3) The Ministry, under the Minister, is the regulatory agency responsible for the administration of this Act, with the following main functions:

    • (a) establishing the New Zealand standards and specifications relating to animal products that determine fitness for intended purpose:

    • (b) establishing and implementing regulated control schemes:

    • (c) providing official assurances:

    • (d) monitoring and auditing the risk management system:

    • (e) addressing non-compliance.

    Section 3(1)(a): amended, on 26 September 2002, by section 4 of the Animal Products Amendment Act 2002 (2002 No 29).

    Section 3(1)(a): amended, on 26 September 2002, by section 5(10) of the Animal Products Amendment Act 2002 (2002 No 29).

    Section 3(1)(d)(ii): substituted, on 1 June 2005, by section 4 of the Animal Products Amendment Act 2005 (2005 No 26).

    Section 3(1)(d)(iii): substituted, on 1 June 2005, by section 4 of the Animal Products Amendment Act 2005 (2005 No 26).