New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
accredited person has the same meaning as recognised person
accredited person: this definition was substituted, as from 1 June 2005, by section 5(1) Animal Products Amendment Act 2005 (2005 No 26).
accredited risk management programme verifier has the same meaning as recognised risk management programme verifier
Accredited risk management programme verifier: this definition was inserted, as from 26 September 2002, pursuant to section 5(1) Animal Products Amendment Act 2002 (2002 No 29).
accredited risk management programme verifier: this definition was substituted, as from 1 June 2005, by section 5(1) Animal Products Amendment Act 2005 (2005 No 26).
Accredited verifier
[Repealed]
Accredited verifier: this definition was substituted by the definition of “Accredited risk management programme verifier”
, as from 26 September 2002, pursuant to section 5(1) Animal Products Amendment Act 2002 (2002 No 29).
Animal means any member of the animal kingdom, and includes—
(a) Any mammal, bird, finfish, shellfish, reptile, amphibian, insect, or invertebrate:
(b) Any other creature or entity that is declared by the Minister by notice in the Gazette to be an animal for the purposes of this Act;—
but does not include a human being
Animal material means any live or dead animal, or any tissue or other material taken or derived from an animal
Animal product, or product, means any animal material that has been processed (other than simply transported or stored in such a way as not to involve any alteration to its nature) for the purpose, or ultimate purpose, of consumption or other use by humans or animals
Animal product business means a business undertaking that, for reward or for the purposes of trade,—
(a) Produces or processes animal material or product; or
(b) Exports animal material or product:
Animal product officer, or officer, means a person appointed as an animal product officer under section 78, and includes the Director-General
Animal product standard, or standard, means a standard prescribed under section 44 or section 46 that specifies the criteria that must be met to determine fitness for intended purpose of any class or description of animal product
client hunter means a person who pays the operator of a game estate for the right to hunt or catch animals on the estate as if they were in the wild
Client hunter: this definition was inserted, as from 26 September 2002, by section 5(2) Animal Products Amendment Act 2002 (2002 No 29).
Contaminant means any substance or thing which—
(a) Is undesirable, potentially harmful, or unexpected in a particular product or process; and
(b) Is or may be present in, or in contact with, animal material or animal product;—
and contaminated has a corresponding meaning
dairy material—
(a) means animal material that is—
(i) milk extracted from a milking animal; and
(ii) any material derived or processed from milk extracted from a milking animal, up until delivery of the material at the place of sale for consumption or for end use for purposes other than consumption, or its export; and
(b) includes dairy product that, having been purchased or imported, is further processed
dairy material: this definition was inserted, as from 1 June 2005, by section 5(2) Animal Products Amendment Act 2005 (2005 No 26).
dairy processing means all processing activities in relation to dairy material; and includes—
(a) the extraction of milk from milking animals for the purposes of export or sale:
(b) transport of dairy material from a farm dairy to a place where processing or manufacturing involving the dairy material occurs:
(c) processing of dairy material, including heat treatment, cooling, separation, concentration, filtering, blending, and extraction of milk components:
(d) the addition of other material (including food, ingredients, additives, or processing aids as defined in the Food Standards Code) or other dairy material to dairy material:
(e) the manufacture of products, including milk, butter, cream, milk-fat products, cheese, processed cheese, whey cheese, dried milks, milk-based infant formula, evaporated milks, condensed milks, whey, whey powder, whey products, casein, milk protein products, ice-cream, low dairy fat ice-cream-like products, yoghurt, other fermented milks, dairy desserts, lactose, and colostrum products:
(f) the packaging of dairy material:
(g) the storage, transportation, and handling of dairy material prior to—
(i) delivery of the material at the place of sale for consumption or for end use for purposes other than consumption; or
(ii) its export:
(h) further processing of dairy material that was previously dairy product with or without the addition of other material (including food, ingredients, additives, or processing aids as defined in the Food Standards Code), including reprocessing, repacking, reconstitution with water, and recombination of dairy products with or without water to make any dairy products
dairy processing: this definition was inserted, as from 1 June 2005, by section 5(2) Animal Products Amendment Act 2005 (2005 No 26).
dairy processor means a person who, for reward (otherwise than as an employee) or for purposes of trade, carries out dairy processing; and—
(a) includes—
(i) a farm dairy operator:
(ii) a transporter of dairy material from a farm dairy to a place of processing or manufacture:
(iii) a transporter of dairy material from one place of processing or manufacture to another:
(iv) an operator of any premises where dairy material is processed or manufactured or stored:
(v) a transporter of dairy material to the place of export or sale for consumption or end use for purposes other than consumption:
(b) does not include persons (such as airline or shipping staff, stevedores, retailers, or wholesalers) handling the relevant product at the port of export or at the place of sale for consumption or use
dairy processor: this definition was inserted, as from 1 June 2005, by section 5(2) Animal Products Amendment Act 2005 (2005 No 26).
dairy product—
(a) means animal product that, having originally been dairy material,—
(i) has been delivered to the place of sale for consumption, or for end use for purposes other than consumption; or
(ii) has left New Zealand's territorial waters in the course of its export; and
(b) includes dairy produce within the meaning of the Dairy Industry Act 1952 (as in force before its repeal by section 75 of the Animal Products (Ancillary and Transitional Provisions) Act 1999)
dairy product: this definition was inserted, as from 1 June 2005, by section 5(2) Animal Products Amendment Act 2005 (2005 No 26).
Director-General means the chief executive of the Ministry
Dual operator butcher, or dual operator, means a retail butcher who—
(a) Is listed under section 76 as a homekill or recreational catch service provider; and
(b) Processes homekill or recreational catch at the same premises or place as the retail butcher processes or trades in regulated animal product:
Eaten, or edible, includes eaten or edible by animals
Exporter means a person who exports any animal material or product from New Zealand, whether or not for reward or for purposes of trade; and, where an exporter registered under Part 5 is based overseas, includes the New Zealand agent or representative of that exporter
farm dairy means a place where milking animals are milked on a permanent or temporary basis; and—
(a) subject to paragraph (b), includes—
(i) any stockyard, milking yard, feedyard, silo pad, or other construction associated with or involved in the activity of extracting milk from milking animals; and
(ii) any place where milk from the milking animals is first collected, filtered, deposited, cooled, stored, or treated for transport or for further processing; but
(b) does not include any place where any further processing takes place, or transport to that place
farm dairy: this definition was inserted, as from 1 June 2005, by section 5(3) Animal Products Amendment Act 2005 (2005 No 26).
farm dairy operator means the person in charge of operations at a farm dairy, including the extraction of milk from milking animals
farm dairy operator: this definition was inserted, as from 1 June 2005, by section 5(3) Animal Products Amendment Act 2005 (2005 No 26).
Financial year means a period of 12 months beginning on 1 July and ending on 30 June
Finfish has the same meaning as in the Fisheries Act 1996
Fish means finfish and shellfish
Fit for intended purpose, used in relation to any animal product, is described in section 5
Food Act regime means the alternative regimes under the Food Act 1981 that consist of, or relate to,—
(a) Part 1A of that Act and food safety programmes:
(b) The Food Hygiene Regulations 1974:
Food safety programme means an appropriate food safety programme within the meaning of the Food Act 1981, being a programme whose adoption gives rise to an exemption from the Food Hygiene Regulations 1974 under Part 1A of that Act
Food Standards Code means the code incorporated into New Zealand law by the New Zealand (Australia New Zealand Food Standards Code) Food Standards 2002 and issued by the Minister under section 11C of the Food Act 1981
Food Standards Code: this definition was inserted, as from 1 June 2005, by section 5(4) Animal Products Amendment Act 2005 (2005 No 26).
game estate has the meaning given it by section 65B
game estate: this definition was inserted, as from 26 September 2002, by section 5(2) Animal Products Amendment Act 2002 (2002 No 29).
Hazard means a biological, chemical, or physical agent that—
(a) Is in or has the potential to be in animal material or product, or is or has the potential to be a condition of animal material or product; and
(b) Leads or could lead to an adverse health effect on humans or animals:
Homekill means an animal that—
(a) Is killed (whether personally or by an agent) by its owner for the use or consumption of the owner, in terms of section 67; and
(b) Is processed either by its owner or by another person under section 69, and not in compliance with Parts 2 to 4;—
and homekill product has a corresponding meaning
Homekill or recreational catch service provider means a person listed as such under section 76
Human or animal consumption, used in relation to any animal product, means that the product is intended to be eaten, or taken orally, or administered parenterally, or applied topically
In writing means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax or email or other electronic means
Listed, in relation to a homekill or recreational catch service provider, means currently listed under section 76
Marae includes the area of land on which all buildings such as wharenui (meeting house), wharekai (dining room), ablution blocks, and any other associated buildings are situated
milk means the mammary secretion of milking animals
milk: this definition was inserted, as from 1 June 2005, by section 5(5) Animal Products Amendment Act 2005 (2005 No 26).
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Ministry means the Ministry of Agriculture and Forestry or such other Ministry as has, with the authority of the Prime Minister, for the time being assumed responsibility for the administration of this Act
Official assessor means a person appointed as an official assessor under section 79
Official assurance has the meaning given by section 61(2)
Operator, in relation to an animal product business, means the owner or other person in control of the business
Parenterally means administering a substance to a human or animal by a route other than orally or topically
Place includes any building, conveyance, craft, fishing vessel, or structure; and includes any land, water, or other area where animals or animal material are produced or may be present
Primary processor means a person who, for reward (otherwise than as an employee) or for purposes of trade,—
(a) Slaughters and dresses mammals or birds; or
(b) dresses mammals or birds that are killed wild animals or are killed as if they were wild animals; or
(c) Removes or extracts or harvests any animal material from live animals for the purpose of processing for human or animal consumption; or
(ca) is a dairy processor; or
(d) in the case of—
(i) finfish or shellfish, or animal material derived from finfish or shellfish; or
(ii) a mammal or bird, or animal material derived from a mammal or bird, if in the opinion of the Minister it is appropriate that the primary processing of that mammal or bird or animal material should extend beyond the matters referred to in paragraphs (a) and (b); or
(iii) any other animal, or animal material derived from any other animal,—
processes those animals or that animal material to the extent specified by the Minister by notice in the Gazette after appropriate consultation in accordance with section 163 and after having regard to the following matters:
(iv) industry practice in relation to the animal material concerned:
(v) the degree of processing and number of processing operations required in relation to the animal material:
(vi) the risk factors involved in processing the animal material:
(vii) whether or not the processing of the animal material is or may be appropriately addressed by any legislative regime other than this Act:
(viii) Such other matters as the Minister considers relevant in the particular circumstances;—
but does not include hunters within the meaning of paragraph (b) of the definition of primary producer:
Primary processor: paragraph (b) of this definition was substituted, as from 26 September 2002, by section 5(3) Animal Products Amendment Act 2002 (2002 No 29).
Primary processor: paragraph (ca) of this definition was inserted, as from 1 June 2005, by section 5(6) Animal Products Amendment Act 2005 (2005 No 26).
Primary processor: paragraph (d) (excluding the words following paragraph (d)(v)) of this definition was substituted, as from 26 September 2002, by section 5(4) Animal Products Amendment Act 2002 (2002 No 29).
Primary producer, or producer, means a farmer, and includes—
(a) Any person who (otherwise than as an employee) farms, raises, grows, or keeps animals for reward or for the purposes of trade in those animals or in animal material or products derived or taken from those animals; and
(b) Any person who hunts animals for reward or for purposes of trade:
Process includes kill, slaughter, dress, cut, extract, manufacture, pack, preserve, transport, and store
Processor means a primary processor or a secondary processor
Produce—
(a) Used in the context of primary production, means farm, raise, grow, or keep animals for reward or for the purposes of trade in those animals or in animal material or products derived or taken from those animals:
(b) Where used in reference to animal product produced under a risk management programme or a regulated control scheme, refers to animal product that results from the application of any process or processes covered by the programme or scheme:
Recognised agency, in relation to any function or activity, means a person or body recognised under section 103 for the purpose of performing that function or activity
recognised person, in relation to any verification or other specialised function or activity, means a person recognised or accredited under section 103 to perform that function or activity
recognised person: this definition was inserted, as from 1 June 2005, by section 5(7) Animal Products Amendment Act 2005 (2005 No 26).
recognised risk management programme verifier means a person currently recognised or accredited under section 103 as a risk management programme verifier
recognised risk management programme verifier: this definition was inserted, as from 1 June 2005, by section 5(7) Animal Products Amendment Act 2005 (2005 No 26).
recognised risk management programme verifying agency means a person or body currently recognised under section 103 as a risk management programme verifying agency
recognised risk management programme verifying agency: this definition replaced the definition of “Recognised verifying agency”
, as from 26 September 2002, pursuant to section 5(5) Animal Products Amendment Act 2002 (2002 No 29).
Recognised verifying agency
[Repealed]
Recognised verifying agency: this definition was replaced by the definition of “recognised risk management programme verifying agency”
, as from 26 September 2002, pursuant to section 5(5) Animal Products Amendment Act 2002 (2002 No 29).
Recreational catch means a wild animal that—
(a) Is killed, captured, taken, or harvested by a recreational hunter or fisher, or other person undertaking similar recreational activities (including a client hunter killing or catching an animal on a game estate, as if in the wild), for the use or consumption of the hunter, fisher, or other person in terms of section 68; and
(b) Is processed either by its catcher or by another person under section 69, and not in compliance with Parts 2 to 4;—
and recreational catch product has a corresponding meaning
Recreational catch: paragraph (a) of this definition was amended, as from 26 September 2002, by section 5(6) Animal Products Amendment Act 2002 (2002 No 29) by inserting the words “(including a client hunter killing or catching an animal on a game estate, as if in the wild)”
after the words “recreational activities”
.
Registered exporter means an exporter currently registered under Part 5
Registered risk management programme means a risk management programme that is currently registered under Part 2
Regulated animal product means animal material or product for trade or export that is processed, or has been or is required to be processed, in accordance with Parts 2 to 4 (or with the Food Act 1981); and does not include any homekill or recreational catch product, or any product processed by a homekill or recreational catch service provider that ceases to be regulated animal product in terms of section 72
Regulated control scheme means a scheme of a kind described in section 38, and includes an emergency control scheme instituted under section 41
Rendering means the breaking down of animal tissues into constituent fat and protein elements, whether by the application of heat and pressure or otherwise
Rendering: this definition was inserted, as from 26 September 2002, by section 5(7) Animal Products Amendment Act 2002 (2002 No 29).
Retail butcher includes any type of butchery engaged in retail trade in regulated animal products
Risk factors means—
(a) Risks from hazards to animal or human health:
(b) Risks from false or misleading labelling:
(c) Risks to the wholesomeness of animal material or product
Risk factors: this definition was amended, as from 26 September 2002, by section 5(8) Animal Products Amendment Act 2002 (2002 No 29) by omitting the words “; and
.‘risk’
has a corresponding meaning”
Risk management programme has the meaning given by section 12, and, except in Part 2, is to be taken to refer to a registered risk management programme
Secondary processor means a person who, for reward (otherwise than as an employee) or for purposes of trade, processes animal product at any stage beyond its primary processing
Sell has the same meaning as trade; and sale has a corresponding meaning
Shellfish has the same meaning as in the Fisheries Act 1996
Topically means applying a substance externally to a part of the body of a human or animal
Trade means sell for human or animal consumption or use; and includes—
(a) Selling for resale (including as a constituent part of another article) for human or animal consumption or use; and
(b) Offering or attempting to sell, or receiving for sale, or having in possession or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and
(c) Barter; and
(d) Supplying an article under a contract, together with other goods or services or both, in consideration of an inclusive charge for the article and the other goods or services; and
(e) Supplying an article where there is a statutory responsibility to supply; and
(f) Offering as a public prize or reward, or giving away for the purpose of advertisement or in the furtherance of any trade or business; and
(g) Every other method of disposition for valuable consideration:
Verification includes the ongoing checks carried out by recognised persons to determine whether—
(a) Operations that are subject to a risk management programme or a regulated control scheme are in compliance with the requirements of the programme or of this Act:
(b) Animal material or products for whose export an official assurance is required have been produced or processed in a way that meets the requirements for the official assurance:
Verification: this definition was amended, as from 26 September 2002, by section 5(9) Animal Products Amendment Act 2002 (2002 No 29) by substituting the word “persons”
for the word “verifiers”
.
Verification: this definition was amended, as from 1 June 2005, by section 5(8) Animal Products Amendment Act 2005 (2005 No 26) by substituting the word “recognised”
for the word “accredited”
.
Wholesomeness, in relation to any regulated animal product, means that the product does not contain or have attached to it, enclosed with it, or in contact with it anything that is offensive, or whose presence would be unexpected or unusual in product of that description
Wild animal means an animal that—
(a) Is of a kind that occurs in the wild or in the sea; and
(b) Is not, immediately before its taking or capture, owned by any person.
(2) For the purposes of this Act,—
(a) References to the requirements of Parts 2 to 4 include references to the requirements of any regulations, standards, specifications, Ministerial orders, notices, or directions made or given for the purposes of those Parts; and similarly, references to the requirements of any other Part or provision include references to the requirements of any regulations, standards, specifications, notices, or directions made for the purposes of that Part or provision:
(b) References to any regulations under, or made under, a particular Part include references to regulations made under section 166 of this Act or section 25 of the Animal Products (Ancillary and Transitional Provisions) Act 1999, for the purposes of that Part.
(3) The categorisation of any person as a primary producer, a primary processor, a secondary processor, an exporter, or a homekill or recreational catch service provider relates to the identification of the person in that capacity only, and does not prevent the person from being identified also, and accordingly treated as being, a person in any of the other categories.
(4) Any notice in the Gazette made for the purposes of paragraph (d) of the definition of primary processor is to be treated as a regulation for the purposes of both the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.
(5) Unless the context otherwise requires, parts of speech and grammatical forms of terms defined in this section have corresponding meanings in this Act.