Animal Products (Ancillary and Transitional Provisions) Act 1999

  • This version was reprinted on 14 November 2014 to make corrections to section 7(1) and Part 1 of Schedule 1 under section 25(1)(h), (i), and (j)(ii) and (iii) of the Legislation Act 2012.

Reprint
as at 1 June 2005

Coat of Arms of New Zealand

Animal Products (Ancillary and Transitional Provisions) Act 1999

Public Act1999 No 94
Date of assent8 September 1999
Commencementsee section 1(2), (3)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Agriculture and Forestry.


Contents

Title

1 Short Title and commencement

Part 1
Preliminary provisions

2 General outline of this Act

3 Continued application of requirements of existing regimes

4 Interpretation

Part 2
Repeals and amendments ancillary to Animal Products Act 1999

5 Repeal of Meat Act 1981 on 1 July 2006

6 Meat Act 1981 amended pending repeal

7 Other Acts and regulations repealed or revoked

8 Other Acts and regulations consequentially amended

Part 3
Transitional provisions

Risk management programmes

9 Existing businesses to register risk management programme by relevant staggered transition date

10 Application for registration should be made at least 3 months before relevant transition date

11 New businesses

12 Certain foreign-owned fishing vessels have 12-month period in which to register risk management programme

13 Meat Act and Apiaries Act regimes cease to apply to operations covered by registered risk management programme or regulated control scheme

Regulated control schemes

14 Regulated control schemes

Animal product standards and specifications

15 Animal product standards and specifications

Regulated animal product equivalence

16 Equivalence of animal product produced under either regime

Export of animal products

17 Exporters must register within 6-month transitional period

18 Export animal product may be produced under either regime

19 Persons who may issue official assurances during transitional period

Game estates

19A Game estates must list within 6-month transitional period

Homekill and recreational catch service providers

20 Homekill and recreational catch service providers must register within 6-month transitional period

21 Dual operator butchers

Cost recovery

22 Fees, charges, and levies

23 Part 3A of Meat Act 1981 continues to apply until regulations otherwise provide, etc

24 Avoidance of application of 2 separate cost recovery regimes in respect of single plant

Regulations, etc

25 Regulations in respect of transitional matters

26 Consultation before commencement of Animal Products Act 1999 qualifies as consultation for purposes of that Act

27 Standardisation of requirements under different Acts during transitional period

Miscellaneous matters

28 Records under Meat Act 1981 to be retained for 3 years

29 Animal product officers to have powers of Inspectors under Meat Act 1981

29A Non-Ministry personnel acting as Inspectors under Meat Act 1981

Part 4
Amendments to Meat Act 1981 pending its repeal on 1 July 2006

30 Part to be part of Meat Act 1981

31 Interpretation

32 Sale of meat for human consumption

33 Sale of uninspected meat

34 Conditions in respect of export meat

35 Certain exports, and re-exports

36 Sale of game or game meat

37 Game and game meat exporters

38 Licensing not required for premises covered by risk management programme registered under Animal Products Act 1999

39 Abattoirs and export slaughterhouses

40 Custom-killing premises

41 Other licensed premises

42 Premises proposed as licensed premises

43 Application for grant of licence may not be made after commencement of Part 2 of Animal Products Act 1999, unless pursuant to undertaking

44 Local authority abattoirs and slaughterhouses

45 Hygienic condition of licensed premises

46 Branding of carcasses

47 Branding of products

48 Obligation of licensee to accept certain stock

49 Rural slaughterhouses

50 Keeping of records

51 New sections inserted

52 Application of this Part

53 Interpretation—recovery of inspection costs

54 Meat inspection services

55 Director-General to consult managers

56 Certain decisions of Minister may be considered by committee

57 Offences and penalties

58 Regulations

Part 5
Apiaries Act provisions

[Repealed]

Preliminary matters

59 Part contains former provisions of Apiaries Act 1969 [Repealed]

60 Repeals and revocation [Repealed]

Apiaries Act provisions

61 Interpretation [Repealed]

62 Restriction on drugs for prevention or treatment of disease in bees [Repealed]

63 Procuring of samples [Repealed]

64 Analysis of samples and certificate of analyst [Repealed]

65 Analyst's certificate prima facie evidence [Repealed]

66 Tampering with sample [Repealed]

67 Restricted areas [Repealed]

68 Keeping of bees in restricted area [Repealed]

69 Honey derived from restricted area [Repealed]

70 Powers of Inspectors, etc [Repealed]

71 Proof of consent [Repealed]

72 Recovery of expenses incurred by Inspectors [Repealed]

73 Regulations [Repealed]

74 Expiry of this Part [Repealed]

Part 6
Dairy products

75 Repeal of Dairy Industry Act 1952

76 Regulations revoked

77 Regulations continued in force

78 Product safety programmes deemed to be risk management programmes

79 Transition period for dairy businesses without product safety programmes

80 Application for registration should be made at least 3 months before 1 June 2006

81 Existing exporters

82 Transition period for producers of animal feeds from dairy material

83 Equivalence of material and product produced under previous dairy regime

84 Regulations

Schedule 1
Repeal of Meat Act 1981 on 1 July 2006

Schedule 2
Consequential amendments to other Acts

Schedule 3
Regulations amended

Schedule 3A
Existing animal product businesses subject to 1 July 2003 transition date

Schedule 3B
Businesses specifically excluded from 1 July 2004 transition date

Schedule 4
Fees and charges

[Repealed]

Schedule 5
Levies

[Repealed]

Schedule 6
Amendments to regulations continued in force


An Act to provide for matters ancillary to the enactment of the Animal Products Act 1999, and in particular to—

  • (a) repeal the Meat Act 1981 on 1 July 2006; and

  • (b) amend that Act pending its repeal; and

  • (ba) repeal the Dairy Industry Act 1952 on 1 June 2005; and

  • (c) make related and consequential amendments to other Acts and regulations; and

  • (d) provide for transitional matters concerning the coming into effect of the Animal Products Act 1999, and particularly its relationship with the Meat Act 1981 over the period to 1 July 2006

  • Title paragraph (a): amended, on 26 September 2002, by section 3(a) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

  • Title paragraph (ba): inserted, on 1 June 2005, by section 3 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

  • Title paragraph (d): amended, on 26 September 2002, by section 3(b) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

1 Short Title and commencement
  • (1) This Act may be cited as the Animal Products (Ancillary and Transitional Provisions) Act 1999.

    (2) This Act comes into force on 1 November 1999, except for sections 53 to 55.

    (3) Sections 53 to 55 come into force on the day on which this Act receives the Royal assent.

Part 1
Preliminary provisions

2 General outline of this Act
  • In general terms, this Act—

    • (a) repeals the Meat Act 1981, with effect on and from 1 July 2006:

    • (b) amends that Act pending its repeal, with the main effect of such amendments being—

      • (i) to phase out the issue of licences under the Meat Act 1981 to persons who have not applied for (or taken specified steps to apply for) such licences before the commencement of Part 2 of the Animal Products Act 1999:

      • (ii) to remove various provisions relating to export certification and to homekill and recreational catch matters, which are now dealt with under Parts 5 and 6 of the Animal Products Act 1999:

      • (iii) to specifically exclude from the inspection costs that may be recovered under Part 3A of the Meat Act 1981 the costs of services provided by persons outside the Ministry:

      • (iv) to allow for a single branding regime under both Acts:

    • (c) amends other Acts as a consequence of the enactment of the Animal Products Act 1999 (and in particular restates in Part 5 provisions of the Apiaries Act 1969 that were saved by section 171 of the Biosecurity Act 1993 and section 111 of the Biosecurity Amendment Act 1997):

    • (d) provides transitional provisions in relation to the Animal Products Act 1999, in particular,—

      • (i) the provision of a 6-month period of grace for registration as an exporter (with certain persons already deemed to be registered as exporters for that period):

      • (ii) the provision of a 6-month period of grace for listing as a homekill or recreational catch service provider (with certain persons already deemed to be so listed for that period):

      • (iii) provision of a staggered transitional period, ending with 30 June 2006, during which different classes of existing animal product businesses must register risk management programmes (subject to certain exceptions):

    Section 2(a): amended, on 26 September 2002, by section 4(1) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

    Section 2(d)(iii): substituted, on 26 September 2002, by section 4(2) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

3 Continued application of requirements of existing regimes
  • Except as otherwise provided by this Act, all the provisions of the Meat Act regime and the Apiaries Act regime (as amended and restated in Parts 4 and 5) continue to apply according to their tenor until 1 July 2006. In general terms, such regimes (or parts of them) cease to apply—

    • (a) to operations covered by a registered risk management programme or a regulated control scheme:

    • (b) if and to the extent that regulations made under section 166 of the Animal Products Act 1999 or section 25 of this Act specify that the regimes are not to apply, or revoke or repeal any specified provisions.

    Section 3: amended, on 26 September 2002, by section 5 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

4 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Apiaries Act regime means the provisions of Part 5 (being, with minor amendments, provisions of the Apiaries Act 1969 that were saved by section 171 of the Biosecurity Act 1993 and section 111 of the Biosecurity Amendment Act 1997)

    existing business, or existing animal product business,—

    • (a) means a business that was operating as an animal product business as at—

      • (ii) the commencement of Part 2 of the Animal Products Act 1999, in any other case; but

    • (b) does not include any business or operation referred to in paragraphs (a) to (c) of the definition of new business

    Meat Act regime means the provisions of the Meat Act 1981 (as amended by Part 4 of this Act), and includes all regulations and other requirements made or imposed under that Act

    new business, or new animal product business, means a business that first commences operations as an animal product business on or after the date of commencement of Part 2 of the Animal Products Act 1999 (or the date of commencement of the Animal Products Amendment Act 2005, in the case of a business engaged in dairy processing, to the extent that it is engaged in dairy processing), and includes—

    • (a) a business that first becomes a dual operator butcher after the date of commencement of Part 2 of the Animal Products Act 1999 by reason of first becoming a retail butcher or a person who provides services in relation to homekill or recreational catch after that date:

    • (b) any new operations that are added, on or after the date of commencement of Part 2 of the Animal Products Act 1999, to a business covered by an existing licence or licences under the Meat Act 1981, to the extent that the operations are not covered by the existing licence or licences (or a licence granted after the commencement of Part 2 of the Animal Products Act 1999 in certain limited circumstances):

    • (c) any new primary processing operations that are added, on or after the date of commencement of Part 2 of the Animal Products Act 1999 (or the date of commencement of the Animal Products Amendment Act 2005, in the case of a business engaged in dairy processing, to the extent that it is engaged in dairy processing), to any business, whether or not subject to the Food Act regime, to the extent that the operations are not covered by an appropriate licence under the Meat Act 1981.

    (2) Terms defined in section 4 of the Animal Products Act 1999 have the meanings given by that section.

    (3) References to the commencement or commencement date of the Animal Products Act 1999 are references to the date specified in section 1(2) of that Act for the coming into force of that Act except for Part 2.

    Section 4(1) existing business or existing animal product business: substituted, on 1 June 2005, by section 4(1) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

    Section 4(1) new business or new animal product business: amended, on 1 June 2005, by section 4(2)(a) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

    Section 4(1) new business or new animal product business paragraph (c): amended, on 1 June 2005, by section 4(2)(b) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

Part 2
Repeals and amendments ancillary to Animal Products Act 1999

5 Repeal of Meat Act 1981 on 1 July 2006
  • (1) The enactments listed in Part 1 of Schedule 1 are repealed with effect on and after 1 July 2006.

    (2) The regulations and order specified in Part 2 of Schedule 1 are, to the extent not previously revoked, revoked with effect on and after 1 July 2006.

    Section 5 heading: amended, on 26 September 2002, by section 6(a) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

    Section 5(1): amended, on 26 September 2002, by section 6(b) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

    Section 5(2): amended, on 26 September 2002, by section 6(b) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

6 Meat Act 1981 amended pending repeal
  • Pending its repeal by section 5, the Meat Act 1981 is amended in the manner indicated in Part 4.

7 Other Acts and regulations repealed or revoked
  • (1) The Meat (Inspection Seasons) Act 1994 is repealed.

    (2) The following regulations, order, and notice are revoked:

    • (a) Poultry Processing Regulations 1978 (SR 1978/40):

    • (b) Poultry Processing Regulations 1978, Amendment No 1 (SR 1979/76):

    • (c) Poultry Processing Regulations 1978, Amendment No 3 (SR 1981/154):

    • (d) Meat (Poultry) Order 1987 (SR 1987/348):

    • (e) Meat Industry Authority Notice No 35 (Meat Industry Authority 3/8/2) Declaring Meat Areas (Gazette 1981, p 2799).

8 Other Acts and regulations consequentially amended
  • (1) The Acts specified in Schedule 2 are amended in the manner indicated in that schedule.

    (2) The regulations specified in Schedule 3 are amended in the manner indicated in that schedule.

Part 3
Transitional provisions

Risk management programmes

9 Existing businesses to register risk management programme by relevant staggered transition date
  • (1) Except as provided in section 12 of this Act in the case of certain fishing vessels, nothing in the Animal Products Act 1999 requires any existing animal product business to operate under a registered risk management programme at any time before—

    • (a) 1 July 2003, in the case of operations other than rendering carried out by—

      • (i) the licensed processors listed in Part 1 of Schedule 3A (generally red meat processors); and

      • (ii) the licensed processors listed in Part 2 of Schedule 3A (generally export seafood processors); and

      • (iii) the licensed processors listed in Part 3 of Schedule 3A (generally meat or game packing houses of the type that perform operations extending beyond cutting and boning):

    • (b) 1 July 2004, in the case of operations carried out by—

      • (i) all remaining businesses licensed under any of sections 15, 16, 18, 19, and 22 of the Meat Act 1981, other than the licensees specified in Schedule 3B to whom paragraph (a) does not apply; and

      • (ii) all primary processors of ostriches, emus, and possums; and

      • (iii) all renderers licensed under section 20(1)(b) of the Meat Act 1981; and

      • (iv) all poultry meat primary processors; and

      • (v) all egg processors who, as producers, are subject to paying a levy under the Commodity Levies (Eggs) Order 1999 (SR 1999/56):

    • (c) 1 July 2005, in the case of operations carried out by—

      • (i) all primary producers of eggs to whom paragraph (b)(v) does not apply; and

      • (ii) all dual operator butchers; and

      • (iia) all renderers to whom paragraph (b)(iii) does not apply; and

      • (iii) all petfood processors (whether or not licensed under section 20(1)(b) of the Meat Act 1981); and

      • (iv) all processors of by-products licensed under section 20(1)(c) of the Meat Act 1981:

    • (d) 1 July 2006, in the case of all other existing animal product businesses (including those specified in Schedule 3B) of a kind required to have a risk management programme.

    (2) The processors, licensees, and business specified in Schedules 3A and 3B are deemed to include any person who, on or after 30 May 2002, is the heir, successor, or assign of the named processor, licensee, or business.

    (3) Despite subsection (1), once an existing business that was subject to the Meat Act regime or the Apiaries Act regime as at the commencement of Part 2 of the Animal Products Act 1999 has had a risk management programme registered under that Part in respect of all or any part of its business operations,—

    • (a) Part 2 of the Animal Products Act 1999 and all the other relevant provisions of that Act apply, and continue to apply, in respect of those operations; and

    • (b) those operations must continue to be carried out in accordance with Part 2 of the Animal Products Act 1999 and all other relevant requirements of that Act, without the opportunity to revert to being subject to the Meat Act regime or the Apiaries Act regime.

    Section 9: substituted, on 26 September 2002, by section 7 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

    Section 9(1)(c)(iia): inserted, on 1 June 2005, by section 5 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

    Section 9(1)(c)(iii): substituted, on 1 June 2005, by section 5 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

10 Application for registration should be made at least 3 months before relevant transition date
  • (1) Where an existing animal product business has applied for registration of a risk management programme at least 3 months before the relevant transition date fixed for that business under section 9, the Director-General must take all reasonable steps to ensure that registration of the programme can occur before that transition date, provided the programme was properly submitted in a reasonable form.

    (2) Nothing in subsection (1) requires the Director-General to register a risk management programme before the relevant transition date in any case where—

    • (a) the risk management programme was not properly submitted in accordance with sections 17 to 20 of the Animal Products Act 1999, or is seriously deficient; or

    • (b) any delay in registration of the programme is primarily attributable to any act or omission of the person submitting the programme for registration.

    Section 10: substituted, on 26 September 2002, by section 7 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

11 New businesses
  • Except in the case of a fishing vessel to which section 12 applies, any business or operations that start as a new animal product business after the commencement of Part 2 of the Animal Products Act 1999 (or the date of commencement of the Animal Products Amendment Act 2005, in the case of a business engaged in dairy processing) are subject to that Part, and must operate under a registered risk management programme in accordance with that Part.

    Section 11: amended, on 1 June 2005, by section 6 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

12 Certain foreign-owned fishing vessels have 12-month period in which to register risk management programme
  • (1) This section applies to animal product operations carried out on foreign-owned New Zealand fishing vessels (as defined in section 2(1) of the Fisheries Act 1983) of a kind that are exempt from licensing under the Fish Export Processing Regulations 1995 by virtue of regulation 21(1) of those regulations.

    (2) Nothing in the Animal Products Act 1999 requires any such operations to be carried out under a registered risk management programme at any time before the expiry of the period of 12 months following the commencement of Part 2 of that Act, but, after the expiry of that period, such operations may be carried out only to the extent that—

    • (a) the operations are covered by an appropriate risk management programme registered under Part 2 of that Act, or a registered control scheme made under Part 3 of that Act; or

    • (b) the operations are specifically exempted (whether individually or as a class) from the requirement to have a risk management programme.

13 Meat Act and Apiaries Act regimes cease to apply to operations covered by registered risk management programme or regulated control scheme
  • Where any operation of an animal product business subject to the Meat Act regime or the Apiaries Act regime has become subject to a risk management programme registered under Part 2 of the Animal Products Act 1999 or a regulated control scheme made under Part 3 of that Act, or is specifically exempted by or under that Act, whether individually or as a class, from the requirement to be carried out under a registered risk management programme, then—

    • (a) nothing in those regimes applies to that operation once the risk management programme is registered or the regulated control scheme or exemption takes effect, except to the extent that—

      • (i) regulations made under section 25 or section 73 specifically apply any requirement of or under the relevant regime to such an operation; or

      • (ii) Part 3A of the Meat Act 1981 continues to apply in respect of cost recovery matters (but subject to section 24 of this Act); and

    • (c) as specified in section 9(2)(b), an operation may not revert to being subject to the Meat Act regime or the Apiaries Act regime once it has been subject to a registered risk management programme.

Regulated control schemes

14 Regulated control schemes
  • (1) Any regulated control scheme imposed under Part 3 of the Animal Products Act 1999 takes effect and applies according to its tenor on and from the date specified in the regime.

    (2) Where there is any conflict between the provisions of a regulated control scheme and those of the Meat Act regime or the Apiaries Act regime, the provisions of the regulated control scheme prevail.

Animal product standards and specifications

15 Animal product standards and specifications
  • (1) Subject to subsection (2), any animal product standards and specifications made under Part 4 of the Animal Products Act 1999 take effect and apply according to their tenor.

    (2) Such animal product standards and specifications do not apply in respect of any animal product businesses or operations that are still subject to the Meat Act regime or the Apiaries Act regime by reason of not being covered by a registered risk management programme or a regulated control scheme (or a specific exemption from the requirement to have a risk management programme), unless the standards or specifications specifically state that they apply to businesses or operations subject to the Meat Act regime or the Apiaries Act regime (as the case may be).

Regulated animal product equivalence

16 Equivalence of animal product produced under either regime
  • For the purposes of the Animal Products Act 1999, any animal product that is produced under and in compliance with the Meat Act regime (or, as the case may be, the Apiaries Act regime) is to be treated as equivalent to animal product, at the comparable state of processing, produced under and in compliance with Parts 2 to 4 of the Animal Products Act 1999.

Export of animal products

17 Exporters must register within 6-month transitional period
  • (1) Nothing in the Animal Products Act 1999 requires any person to be registered as an exporter under Part 5 of that Act until the expiry of the period of 6 months commencing on 1 November 1999, and no person commits an offence against that Act by reason merely of a failure to register as an exporter before the expiry of that period.

    (2) Despite subsection (1), a person may not apply for, or be issued, an official assurance under Part 5 of the Animal Products Act 1999 unless the person is registered as an exporter under that Part (or is deemed to be so registered under subsection (3) of this section, or is exempt from registration under section 50 of the Animal Products Act 1999).

    (3) For the 6-month period commencing on 1 November 1999, the following persons are deemed to be registered as exporters under Part 5 of the Animal Products Act 1999, but their registration ceases on the expiry of 30 April 2000 unless they earlier register under that Part:

    • (a) persons who, as at 31 October 1999, held a current licence granted or renewed under the Fish Export Licensing Regulations 1982:

    • (b) persons who, as at 31 October 1999, held a current export licence issued or renewed under section 22 of the Meat Board Act 1997:

    • (c) persons who, as at 31 October 1999, held a current game exporter's licence issued or renewed under regulation 10 of the Game Regulations 1975.

18 Export animal product may be produced under either regime
  • For the purposes of section 51 of the Animal Products Act 1999 (which sets out the duties of exporters of animal products) and section 61 of that Act (which provides for the issue of official assurances), any animal product for export (including any by-product or bee product) that is produced under and in compliance with the requirements of the Meat Act regime (or, as the case may be, the Apiaries Act regime) is to be treated as equivalent to animal product, at the comparable stage of processing, produced under and in compliance with Parts 2 to 4 of the Animal Products Act 1999.

19 Persons who may issue official assurances during transitional period
  • (1) Despite anything in section 65 of the Animal Products Act 1999, any person who, as at 1 November 1999, was an Inspector appointed under section 4 of the Meat Act 1981 with an assigned function of certifying meat and meat products or fish and fish products for export,—

    • (a) may, until 1 July 2003 or such earlier time as his or her appointment as an Inspector is revoked, issue official assurances for the purposes of the Animal Products Act 1999; and

    • (b) is to be treated as having been designated under section 65 of the Animal Products Act 1999 as an authorised person able to issue official assurances for the purposes of Part 5 of that Act.

    (2) Despite anything in section 65 of the Animal Products Act 1999, the Director-General may, under that section, designate any person as an authorised person who may issue official assurances during any period ending before 1 July 2003, notwithstanding that the person may not be employed within the Ministry.

    Section 19(1)(a): amended, on 26 September 2002, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

    Section 19(2): amended, on 26 September 2002, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

Game estates

  • Heading: inserted, on 26 September 2002, by section 9 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

19A Game estates must list within 6-month transitional period
  • Nothing in the Animal Products Act 1999 requires—

    • (a) a game estate to be listed as such under Part 5A of that Act; or

    • (b) a game estate operator to be listed as a homekill or recreational catch service provider under Part 6 of that Act in respect of the processing of animals killed or caught on the game estate,—

    until the expiry of the period of 6 months commencing on the date of commencement of the Animal Products Amendment Act 2002, and no person commits an offence against the Animal Products Act 1999 by reason merely of the failure of a game estate or game estate operator to be listed under Part 5A or Part 6 of that Act before the expiry of that period.

    Section 19A: inserted, on 26 September 2002, by section 9 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

Homekill and recreational catch service providers

20 Homekill and recreational catch service providers must register within 6-month transitional period
  • (1) Nothing in the Animal Products Act 1999 requires any person to be listed as a homekill or recreational catch service provider under Part 6 of that Act until the expiry of the period of 6 months commencing on 1 November 1999, and no person commits an offence against that Act by reason merely of a failure to be listed under Part 6 of that Act as a homekill or recreational catch service provider before the expiry of that period.

    (2) For the 6-month period commencing on 1 November 1999, the following persons are deemed to be listed as homekill or recreational catch service providers under Part 6 of the Animal Products Act 1999, but their listing ceases on the expiry of 30 April 2000 unless they earlier list under that Part:

    • (a) persons who, as at 31 October 1999, are the holders of a custom-killing premises licence issued under the Meat Act 1981:

    • (b) persons who, as at 31 October 1999, are the operators of rural slaughterhouses recognised as licensed under section 40 of the Meat Act 1981.

    (3) Nothing in this section authorises any person (other than a retail butcher) to contravene the prohibition in section 70 of the Animal Products Act 1999 on the carrying out at the same premises or place of both—

    • (a) homekill or recreational catch processing operations; and

    • (b) the processing of, or trade in, any regulated animal product for consumption by humans or animals.

    (4) In this section and in section 21, regulated animal product includes product and by-product derived from licensed premises to which the Meat Act regime applies, other than custom-killing premises.

21 Dual operator butchers
  • A person who, on the day that Part 2 of the Animal Products Act 1999 comes into force, is a retail butcher who also processes homekill or recreational catch on the same premises as those where the retail butcher processes or trades in regulated animal product,—

    • (a) in accordance with section 9 of this Act has until 1 July 2005 to register a risk management programme covering the dual operation; and

    • (b) remains subject to regulation 10A of the Food Hygiene Regulations 1974 in relation to the butcher's homekill or recreational catch operations, until the risk management programme covering the dual operation is registered under Part 2 of the Animal Products Act 1999; and

    • (c) ceases to be subject to that regulation 10A on registration of the risk management programme.

    Section 21(a): amended, on 26 September 2002, by section 10 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

Cost recovery

22 Fees, charges, and levies
  • (1) The fees and charges specified in Schedule 4 are payable in respect of the matters specified in that schedule, until superseded by regulations made under Part 9 of the Animal Products Act 1999 or under section 25 of this Act (and also subject to section 24 of this Act).

    (2) The levies specified in Schedule 5 are payable in respect of the matters specified in that schedule by persons operating under a registered risk management programme in respect of operations under that programme, until superseded by regulations made under Part 9 of the Animal Products Act 1999 or under section 25 of this Act (and also subject to section 24 of this Act).

    (3) The fees, charges, and levies specified in Schedules 4 and 5 are payable—

    • (a) on the making of the relevant application or on performance of the relevant service, as the case may require; or

    • (b) within 10 days, or within such longer period as the Director-General may allow, after receipt of a demand for the appropriate amount from the Director-General.

    (4) For the purposes of providing a transition to the charging of fees, charges, and levies by regulations made under Part 9 of the Animal Products Act 1999, regulations made under that Part, or under section 25 of this Act, may repeal or amend any fee or charge or levy specified in Schedule 4 or Schedule 5, or any matter in respect of which a fee or charge or levy is specified in those schedules.

    (5) Where there is any shortfall or over-recovery of costs for any industry sector in respect of any period at whose expiry a fee, charge, or levy specified in Schedule 4 or Schedule 5 ceases to apply by reason of being superseded by regulations made under Part 9 of the Animal Products Act 1999 or section 25 of this Act, that shortfall or over-recovery may be taken into account in setting, under Part 9 or section 25, the relevant fee, levy, or charge that is to apply for any subsequent period to that industry sector or any relevant part of that industry sector.

    (6) The Director-General may grant an exemption from, or waive or refund, any fee, charge, or levy specified in Schedule 4 or Schedule 5, in whole or in part, in any particular case or class of cases.

    (7) Except as otherwise specifically provided in those schedules in relation to fees and levies determined on an hourly basis or on the basis of the number of animals involved in a relevant activity, the amounts specified in Schedules 4 and 5 are inclusive of goods and services tax.

23 Part 3A of Meat Act 1981 continues to apply until regulations otherwise provide, etc
  • (1) Part 3A of the Meat Act 1981 (as amended by Part 4 of this Act) continues to apply to plants under the Meat Act regime until the close of 30 June 2006 in respect of the recovery of inspection costs, but subject to section 24 of this Act and to regulations made under Part 9 of the Animal Products Act 1999 or under section 25 of this Act.

    (2) For the purposes of providing a transition to the charging of fees, charges, and levies by regulations made under Part 9 of the Animal Products Act 1999, regulations made under that Part or under section 25 of this Act may repeal or amend all or any of the provisions of Part 3A of the Meat Act 1981, and any related provisions of that Act.

    (3) Any such regulations may make different provision for different animal material or products or classes or description of animal material or product, and provide for a graduated transition of different animal material or products, or classes or description of animal material or products, from the charging regime in Part 3A of the Meat Act 1981 to the charging regime under Part 9 of the Animal Products Act 1999.

    (4) For the purpose of avoiding any shortfall or over-recovery of costs in respect of any season or period at whose expiry the cost recovery regime under Part 3A of the Meat Act 1981 will cease in respect of any plant or plants,—

    • (a) the Director-General may negotiate with the manager of the plant for a variation of charges in relation to the plant; and

    • (b) sections 43D and 43E of the Meat Act 1981 apply in relation to any such negotiation, so far as is practicable and with any necessary modifications.

    (5) Where there is any shortfall or over-recovery of costs in respect of any season or period at whose expiry the cost recovery regime under Part 3A of the Meat Act 1981 ceases to apply in respect of any plant or plants, that shortfall or over-recovery is to be taken into account in setting, under Part 9 of the Animal Products Act 1999 or section 25 of this Act, fees, levies, and charges that apply in subsequent seasons or periods to plants of the kind or description (by sector) concerned.

    (6) Where, in respect of the season ending on 31 October 1999, there has been any shortfall or over-recovery of costs in relation to plants where front-line inspection services (as defined in section 43A of the Meat Act 1981) for that season have been performed by persons outside the Ministry,—

    • (a) any recovery of the shortfall or allowance for the over-recovery in any subsequent season or period may be by way of levy, charge, refund, or other means based on the throughput of those plants for the season ending on 31 October 1999; and

    • (b) the provisions of any contract under Part 3A of the Meat Act 1981 or any regulations made under Part 9 of the Animal Products Act 1999 or under section 25 of this Act may provide accordingly.

    Section 23(1): amended, on 26 September 2002, by section 11 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

24 Avoidance of application of 2 separate cost recovery regimes in respect of single plant
  • (1) The purpose of this section is to avoid, as far as practicable, the application of 2 separate cost recovery regimes in respect of a single plant (a double-regime plant) that is both—

    • (a) subject of cost recovery by way of contract under Part 3A of the Meat Act 1981 in respect of any part of its operations; and

    • (b) also subject to cost recovery under the Animal Products Act 1999 in respect of any other part of its operations (other than cost recovery in respect of any regulated control scheme).

    (2) For the purposes of this section, any contract under Part 3A of the Meat Act 1981 may, by agreement between the Director-General and the plant manager, provide that the costs to be recovered in respect of operations at a double-regime plant are to be recovered—

    • (a) by applying the cost recovery regime of the Animal Products Act 1999 (including Schedules 4 and 5 of this Act) to the whole of the animal product business at the plant (with any appropriate modifications that may be needed to provide for the application of comparable costs); or

    • (b) by applying the cost recovery regime of Part 3A of the Meat Act 1981 to the whole of the animal product business at the plant (except to the extent of any fees and charges payable under Part 1 of Schedule 4 of this Act);—

    and, where a contract does so provide, the relevant cost recovery regime applies to operations at the double-regime plant in accordance with this section despite anything in this Act, the Animal Products Act 1999, or the Meat Act 1981.

    (3) Where under subsection (2)(a) the contract applies the cost recovery regime of the Animal Products Act 1999 to all the animal product business operations of a double-regime plant,—

    • (a) that fact must be noted in the contract; and

    • (b) the contract must identify the kinds of fees, charges, and levies under the Animal Products Act 1999 that are to apply in respect of the plant's operations under the Meat Act 1981; and

    • (c) the contract must specify any modifications that may be necessary to allow for the proper application of those fees, charges, or levies (such as deeming services provided by the Ministry under the Meat Act 1981 to be equivalent to verification or other services or related functions performed by the Ministry under the Animal Products Act 1999); and

    • (d) the contract then has effect according to its tenor, and the fees, charges, and levies concerned (including any amendments of those fees, charges, and levies) apply in relation to the plant (with the necessary modifications) as if it were subject to the cost recovery provisions of the Animal Products Act 1999.

    (4) Where under subsection (2)(b) the contract applies the cost recovery regime of Part 3A of the Meat Act 1981 to all the animal product business operations of a double-regime plant,—

    • (a) that fact must be noted in the contract; and

    • (b) the contract must identify the kinds of fees, charges, and levies that are not to be recovered under the Animal Products Act 1999 and are instead to be recovered under the contract; and

    • (c) the plant manager, and any relevant operation at the plant, are to be treated as exempt from any requirement for the payment of the identified fees, charges, and levies under the Animal Products Act 1999.

    (5) For the purpose of facilitating agreement under this section, the Director-General must notify the 2 options set out in subsection (2) to any person who applies for registration of a risk management programme that will cover operations at a double-regime plant, and give the applicant (or plant manager, if different) at least 20 working days within which to specify which option the applicant prefers (if any).

    (6) If the Director-General and the plant manager fail to agree on an option set out in subsection (2) within such time after the expiry of the period of 20 working days as the Director-General may allow,—

    • (a) no such option will apply; and

    • (b) the 2 separate cost recovery regimes relate to the operations subject to them at the plant concerned according to their tenor.

    (7) The provisions of a contract to which this section relates may at any time be modified, or reversed to change to the other cost recovery regime, by agreement between the Director-General and the plant manager.

    (8) This section ceases to apply to any plant, and the cost recovery regime of the Animal Products Act 1999 applies to the whole animal product business at the plant,—

    • (a) at the end of the season in which all operations at the plant have ceased to be subject to the Meat Act regime; or

    • (b) on the relevant transition date fixed under section 9 for animal product businesses of that class (or the latest relevant transition date, if more than 1 applies to the business); or

    • (c) on such other date as may be specified by regulations made under Part 9 of the Animal Products Act 1999 or section 25 of this Act.

    (9) Regulations made under section 25 may provide for matters relating to the application of a single cost recovery regime to all the animal product business at any double-regime plant, and in particular may—

    • (a) specify the kinds of fees, charges, and levies under the Animal Products Act 1999 that may apply to a plant under the Meat Act regime, and any modifications that may be necessary to allow for the application of those fees, charges, and levies to a Meat Act regime plant in an appropriate way:

    • (b) provide for such other matters as may be necessary or desirable to allow the smooth working of a single cost recovery regime for the purposes of this section.

    Section 24(8)(b): substituted, on 26 September 2002, by section 12 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

Regulations, etc

25 Regulations in respect of transitional matters
  • (1) Without limiting the generality of section 166 of the Animal Products Act 1999, regulations under that section may prescribe transitional and savings provisions relating to the coming into force of the Animal Products Act 1999 and to transitional matters during the period ending with 30 June 2006.

    (2) Any such regulations may be in addition to or in place of any of the provisions of this Act and, without limiting the generality of subsection (1), may provide that—

    • (a) specified provisions of the Animal Products Act 1999 or this Act, or of the Meat Act regime or the Apiaries Act regime, are or are not to apply, in all or in any specified cases:

    • (b) specified terms used in the Animal Products Act 1999 or this Act, or in the Meat Act regime or the Apiaries Act regime, are to have the meanings set out in the regulations:

    • (c) specified provisions repealed or amended by this Act, or specified provisions of regulations, Orders in Council, notices, licences, approvals, authorisations, circulars, or rights or requirements given or imposed under the provisions, are to continue to apply.

    (3) Any such regulations may—

    • (a) apply at any time during the transitional period ending with the close of 30 June 2006:

    • (b) provide for matters occurring beyond that date, but only to the extent that it is necessary to save the position of any matter occurring on or before that date.

    (4) Any such regulations may repeal or revoke, or appropriately amend, any provision of the Meat Act regime or the Apiaries Act regime (whether in a statute, regulations, or otherwise) that is no longer to apply.

    (5) Any such regulations, and any regulations made under the Animal Products Act 1999, may revoke or amend any of subclauses (2A) to (8) of regulation 78 of the Food Regulations 1984 (which relate to the sale of certain shellfish).

    Section 25(1): amended, on 26 September 2002, by section 13(1) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

    Section 25(3)(a): substituted, on 26 September 2002, by section 13(2) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

26 Consultation before commencement of Animal Products Act 1999 qualifies as consultation for purposes of that Act
  • (1) Any consultation undertaken before the commencement of the Animal Products Act 1999 (or before the commencement of Part 2 of that Act, as the case may require) in respect of the making of any order or regulations or any other matter requiring consultation under that Act is to be treated as consultation for the purposes of that Act.

    (2) Despite section 163 of the Animal Products Act 1999 or any other provision of that Act, no consultation is required in respect of the making of any order or regulation, or any other matter, to the extent that the content of the order, regulation, or other matter is substantially similar to the content of—

    • (a) any order, regulation, or other matter having effect under the Meat Act 1981 or any other enactment immediately before the commencement of the Animal Products Act 1999 (or of Part 2 of that Act, as the case may require); or

    • (b) any regulation made under section 25 of this Act.

27 Standardisation of requirements under different Acts during transitional period
  • Despite anything in the Animal Products Act 1999 or in the Meat Act regime,—

    • (a) any animal product standard or specification or other requirement prescribed or made under the Animal Products Act 1999 may, until the expiry of the transitional period ending with 30 June 2006, incorporate by reference any relevant requirement imposed by or under the Meat Act regime, Apiaries Act regime, or Food Act regime:

    • (b) any regulation, direction, directive, circular, or other requirement under the Meat Act regime or Apiaries Act regime may incorporate by reference any relevant requirement imposed by or under the Animal Products Act 1999.

    Section 27(a): amended, on 26 September 2002, by section 14 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

Miscellaneous matters

28 Records under Meat Act 1981 to be retained for 3 years
  • A person who, immediately before the lapse of their licence under any of sections 43AA to 43AC of the Meat Act 1981 (as inserted by section 51 of this Act), or the earlier cancellation of their licence at any time before the expiry of the transitional period ending with 30 June 2006, was a licensee of licensed premises under that Act must retain all records required to be kept under that Act for a period of not less than 3 years following the lapse or cancellation of the licence.

    Section 28: amended, on 26 September 2002, by section 15 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

29 Animal product officers to have powers of Inspectors under Meat Act 1981
  • Every animal product officer appointed under Part 7 of the Animal Products Act 1999 has all the powers and functions of an Inspector under the Meat Act 1981; and references in that Act to Inspectors include references to animal product officers.

29A Non-Ministry personnel acting as Inspectors under Meat Act 1981
  • Where any person who is not an employee or officer of the Ministry is for any purpose treated as or deemed to be an Inspector appointed under the Meat Act 1981, whether by regulation 4(2)(b) of the Animal Products (Ancillary and Transitional Provisions) Regulations 2000 or by any other regulation made under this Act or the Animal Products Act 1999,—

    • (a) that person is not for that reason to be treated as an employee of the Ministry, and the Crown is not liable as employer of that person for any act or omission of the person in relation to the purposes for which the person is treated as or deemed to be an Inspector; and

    • (b) any liability of the person's actual employer in their capacity as employer of the person is unaffected.

    Section 29A: inserted (with effect on 20 November 2000 and does not apply for purposes of any legal proceedings commencing before 18 December 2001), on 26 September 2002, by section 16(1) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

Part 4
Amendments to Meat Act 1981 pending its repeal on 1 July 2006

  • Heading: amended, on 26 September 2002, by section 17 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

30 Part to be part of Meat Act 1981
  • This Part is part of the Meat Act 1981 (in this Part referred to as the principal Act).

31 Interpretation
  • Amendment(s) incorporated in the Act(s).

32 Sale of meat for human consumption
  • Amendment(s) incorporated in the Act(s).

33 Sale of uninspected meat
  • Amendment(s) incorporated in the Act(s).

34 Conditions in respect of export meat
  • Amendment(s) incorporated in the Act(s).

35 Certain exports, and re-exports
  • Amendment(s) incorporated in the Act(s).

36 Sale of game or game meat
  • Amendment(s) incorporated in the Act(s).

37 Game and game meat exporters
  • Amendment(s) incorporated in the Act(s).

38 Licensing not required for premises covered by risk management programme registered under Animal Products Act 1999
  • Amendment(s) incorporated in the Act(s).

39 Abattoirs and export slaughterhouses
  • Amendment(s) incorporated in the Act(s).

40 Custom-killing premises
  • Amendment(s) incorporated in the Act(s).

41 Other licensed premises
  • Amendment(s) incorporated in the Act(s).

42 Premises proposed as licensed premises
  • Amendment(s) incorporated in the Act(s).

43 Application for grant of licence may not be made after commencement of Part 2 of Animal Products Act 1999, unless pursuant to undertaking
  • Amendment(s) incorporated in the Act(s).

44 Local authority abattoirs and slaughterhouses
  • Amendment(s) incorporated in the Act(s).

45 Hygienic condition of licensed premises
  • Amendment(s) incorporated in the Act(s).

46 Branding of carcasses
  • Amendment(s) incorporated in the Act(s).

47 Branding of products
  • Amendment(s) incorporated in the Act(s).

48 Obligation of licensee to accept certain stock
  • Amendment(s) incorporated in the Act(s).

49 Rural slaughterhouses
  • Amendment(s) incorporated in the Act(s).

50 Keeping of records
  • Amendment(s) incorporated in the Act(s).

51 New sections inserted
  • Amendment(s) incorporated in the Act(s).

52 Application of this Part
  • Amendment(s) incorporated in the Act(s).

53 Interpretation—recovery of inspection costs
  • Amendment(s) incorporated in the Act(s).

54 Meat inspection services
  • Amendment(s) incorporated in the Act(s).

55 Director-General to consult managers
  • Amendment(s) incorporated in the Act(s).

56 Certain decisions of Minister may be considered by committee
  • Amendment(s) incorporated in the Act(s).

57 Offences and penalties
  • Amendment(s) incorporated in the Act(s).

58 Regulations
  • Amendment(s) incorporated in the Act(s).

Part 5
Apiaries Act provisions

[Repealed]

Preliminary matters

  • Heading: repealed, on 1 July 2006, by section 74.

59 Part contains former provisions of Apiaries Act 1969
  • [Repealed]

    Section 59: repealed, on 1 July 2006, by section 74.

60 Repeals and revocation
  • [Repealed]

    Section 60: repealed, on 1 July 2006, by section 74.

Apiaries Act provisions

  • Heading: repealed, on 1 July 2006, by section 74.

61 Interpretation
  • [Repealed]

    Section 61: repealed, on 1 July 2006, by section 74.

62 Restriction on drugs for prevention or treatment of disease in bees
  • [Repealed]

    Section 62: repealed, on 1 July 2006, by section 74.

63 Procuring of samples
  • [Repealed]

    Section 63: repealed, on 1 July 2006, by section 74.

64 Analysis of samples and certificate of analyst
  • [Repealed]

    Section 64: repealed, on 1 July 2006, by section 74.

65 Analyst's certificate prima facie evidence
  • [Repealed]

    Section 65: repealed, on 1 July 2006, by section 74.

66 Tampering with sample
  • [Repealed]

    Section 66: repealed, on 1 July 2006, by section 74.

67 Restricted areas
  • [Repealed]

    Section 67: repealed, on 1 July 2006, by section 74.

68 Keeping of bees in restricted area
  • [Repealed]

    Section 68: repealed, on 1 July 2006, by section 74.

69 Honey derived from restricted area
  • [Repealed]

    Section 69: repealed, on 1 July 2006, by section 74.

70 Powers of Inspectors, etc
  • [Repealed]

    Section 70: repealed, on 1 July 2006, by section 74.

71 Proof of consent
  • [Repealed]

    Section 71: repealed, on 1 July 2006, by section 74.

72 Recovery of expenses incurred by Inspectors
  • [Repealed]

    Section 72: repealed, on 1 July 2006, by section 74.

73 Regulations
  • [Repealed]

    Section 73: repealed, on 1 July 2006, by section 74.

74 Expiry of this Part
  • [Repealed]

    Section 74: repealed, on 1 July 2006, by section 74.

Part 6
Dairy products

  • Part 6: added, on 1 June 2005, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

75 Repeal of Dairy Industry Act 1952
  • The Dairy Industry Act 1952 is repealed.

    Section 75: added, on 1 June 2005, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

76 Regulations revoked
  • The following regulations are revoked:

    • (a) the Dairy Industry Regulations 1990 (SR 1990/290):

    • (b) the Dairy Industry (Fees) Regulations 2000 (SR 2000/89):

    • (c) the Dairy Industry (Food Act 1981) Exemption Order 1996 (SR 1996/200):

    • (d) the Dairy Industry (Exporter Registration) Regulations 2002 (SR 2002/121).

    Section 76: added, on 1 June 2005, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

77 Regulations continued in force
78 Product safety programmes deemed to be risk management programmes
  • (1) All product safety programmes that, immediately before the commencement of the Animal Products Amendment Act 2005, held the status of being approved by the Director-General under the Dairy Industry Regulations 1990 are deemed to be risk management programmes, on the same terms of approval, registered under Part 2 of the Animal Products Act 1999.

    (2) The operator of any such programme must, by 1 December 2005, notify the Director-General of the particulars specified in section 19 of the Animal Products Act 1999 in relation to risk management programmes, and the Director-General must record those particulars on the register of risk management programmes.

    (3) Where a completed application for approval of a product safety programme under the Dairy Industry Regulations 1990 has been lodged with the Director-General before the commencement of the Animal Products Amendment Act 2005,—

    • (a) the Director-General must process that application as if the Dairy Industry Regulations 1990 were still in force; and

    • (b) if the product safety programme is approved by the Director-General, it is, on approval, deemed to be a risk management programme registered under Part 2 of the Animal Products Act 1999; but

    • (c) nothing in this section requires the Director-General to approve the product safety programme if the application was not properly submitted in accordance with the Dairy Industry Regulations 1990, or the programme is seriously deficient.

    (4) If an application for approval of a product safety programme to which subsection (3) applies, is seriously deficient, or any delay in the programme's registration is primarily attributable to any act or omission of the person submitting it,—

    • (a) the Director-General may treat it as an application for registration of a risk management programme under section 20 of the Animal Products Act 1999; and

    • (b) the provisions of Part 2 of that Act apply accordingly.

    (5) Any conditions or directions or instructions imposed or given under the Dairy Industry Act 1952 in relation to registered premises or to a product safety programme or its operator continue to apply as if imposed or given in relation to the premises or the programme or its operator under the Animal Products Act 1999.

    Section 78: added, on 1 June 2005, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

79 Transition period for dairy businesses without product safety programmes
  • (1) Nothing in the Animal Products Act 1999 requires a person or business to operate under a registered risk management programme (or, if appropriate, a food safety programme under the Food Act regime) at any time before 1 June 2006 in respect of dairy processing operations of a kind that, immediately before the commencement of the Animal Products Amendment Act 2005, they carried out otherwise than under a product safety programme approved by the Director-General under the Dairy Industry Regulations 1990 (in this section called the relevant operations).

    (2) In the case of relevant operations carried out on premises registered under the Dairy Industry Regulations 1990, the person or business concerned must, until the close of 31 May 2006 (or until any earlier date on which a risk management programme is registered or a food safety programme is approved in respect of those operations), comply with the requirements of—

    • (a) the Dairy Industry Act 1952 as if it had not been repealed by section 75, and as if—

      • (i) the definition of Inspector in section 2 of the Dairy Industry Act 1952 included a reference to animal product officers; and

      • (ii) sections 26, 26A, and 27 of that Act were repealed; and

    • (b) the following regulations, as if they had not been revoked by section 76:

      • (i) regulations 2, 3, 13, 20 to 24, 35, 38 to 41, 46 to 48, 51 to 58, 60, and 61 of the Dairy Industry Regulations 1990; and

      • (ii) the Dairy Industry (Fees) Regulations 2000; and

    (3) In the case of relevant operations that were not carried out on premises registered under the Dairy Industry Regulations 1990, and that produce dairy product for the domestic market only (or the domestic market and Australia only), the person or business concerned must comply with the requirements of the Food Hygiene Regulations 1974 (as in force before their amendment by section 11 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005) until the earlier of—

    • (a) the date a risk management programme is registered or a food safety programme is approved in respect of those operations; and

    • (b) the close of 31 May 2006.

    (4) To avoid doubt,—

    • (a) all dairy material or dairy product exported to a destination other than Australia must be processed under—

      • (i) a risk management programme registered under the Animal Products Act 1999, or a product safety programme approved under the Dairy Industry Regulations 1990 (or both); or

      • (ii) an exemption under section 9 of the Animal Products Act 1999:

    • (b) dairy material or dairy product exported to Australia must be processed under such a risk management programme or product safety programme only if there are Australian market access requirements that are in excess of those applicable to the relevant material or product for the New Zealand domestic market.

    (5) Without limiting the generality of section 84 of this Act, regulations made under section 166 of the Animal Products Act 1999 may provide that, during the transition period provided for in this section, specified provisions of the Dairy Industry Act 1952 and the Dairy Industry Regulations 1990—

    • (a) are not to apply, in all or in any specified cases; or

    • (b) are to apply subject to the modifications specified in the regulations.

    Section 79: added, on 1 June 2005, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

80 Application for registration should be made at least 3 months before 1 June 2006
  • (1) Where a person or business to which section 79 applies has applied for registration of a risk management programme at least 3 months before 1 June 2006, the Director-General must take all reasonable steps to ensure that registration of the programme can occur before that date, provided the programme was properly submitted in a reasonable form.

    (2) Nothing in subsection (1) requires the Director-General to register a risk management programme before 1 June 2006 in any case where—

    • (a) the risk management programme was not properly submitted in accordance with sections 17 to 20 of the Animal Products Act 1999, or is seriously deficient; or

    • (b) any delay in registration of the programme is primarily attributable to any act or omission of the person submitting the programme for registration.

    Section 80: added, on 1 June 2005, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

81 Existing exporters
  • All persons who, immediately before the commencement of the Animal Products Amendment Act 2005, were registered as exporters under the Dairy Industry (Exporter Registration) Regulations 2002 are deemed from the commencement of that Act (unless deregistered) to be registered as exporters under section 55 of the Animal Products Act 1999.

    Section 81: added, on 1 June 2005, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

82 Transition period for producers of animal feeds from dairy material
  • (1) Nothing in the Animal Products Act 1999 requires any business that produces animal feeds for sale or export from dairy material to carry out its animal feed operations under a registered risk management programme at any time before 1 June 2006, except as provided in subsection (2).

    (2) If the export of any animal feed from dairy material requires an official assurance, however, the official assurance may be given only if the relevant operations were carried out under a registered risk management programme.

    Section 82: added, on 1 June 2005, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

83 Equivalence of material and product produced under previous dairy regime
  • For the purposes of the Animal Products Act 1999 and this Act, any dairy material or product produced under and in compliance with the legislation referred to in sections 75 to 77, or under and in compliance with this Part, is to be treated as equivalent to animal product, at the comparable stage of processing, produced under and in compliance with Parts 2 to 4 of the Animal Products Act 1999.

    Section 83: added, on 1 June 2005, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

84 Regulations
  • Without limiting the generality of section 166 of the Animal Products Act 1999, regulations under that section may prescribe transitional and savings provisions relating to the coming into force of the Animal Products Amendment Act 2005 and to transitional matters during the period ending with 31 May 2006.

    Section 84: added, on 1 June 2005, by section 8 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).


Schedule 1
Repeal of Meat Act 1981 on 1 July 2006

s 5

  • Schedule 1 heading: amended, on 26 September 2002, by section 19 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

Part 1
Enactments repealed

s 5(1)

Meat Act 1981 (1981 No 56) (RS Vol 38, p 735)
Meat Amendment Act 1982 (1982 No 82) (RS Vol 38, p 788)
Meat Amendment Act 1983 (1983 No 121) (RS Vol 38, p 789)
Meat Amendment Act 1985 (1985 No 142) (RS Vol 38, p 789)
Meat Amendment Act 1987 (1987 No 196) (RS Vol 38, p 791)
Meat Amendment Act 1988 (1988 No 120) (RS Vol 38, p 792)
Meat Amendment Act 1991 (1991 No 96) (RS Vol 38, p 793)
Meat Amendment Act 1992 (1992 No 54) (RS Vol 38, p 793)
Meat Amendment Act 1999 (1999 No 39)

Part 2
Regulations and order revoked

s 5(2)

Fish Export Processing Regulations 1995 (SR 1995/54)
Game Regulations 1975 (SR 1975/174)
Game Regulations 1975, Amendment No 4 (SR 1996/198)
Meat (Game and Stock) Order 1998 (SR 1998/77)
Meat (Payments) Regulations 1990 (SR 1990/68)
Meat (Payments) Regulations 1990, Amendment No 3 (SR 1992/244)
Meat (Payments) Regulations 1990, Amendment No 4 (SR 1993/325)
Meat (Payments) Regulations 1990, Amendment No 6 (SR 1995/55)
Meat Regulations 1969 (SR 1969/192)
Meat Regulations 1969, Amendment No 8 (SR 1976/83)
Meat Regulations 1969, Amendment No 19 (SR 1983/125)
Meat Regulations 1969, Amendment No 21 (SR 1986/173)
Meat Regulations 1969, Amendment No 22 (SR 1987/163)
Meat Regulations 1969, Amendment No 23 (SR 1989/165)
Meat (Residues) Amendment Regulations 1999 (SR 1999/211)
Meat (Residues) Regulations 1996 (SR 1996/199)
Slaughter of Stock, Game, and Poultry Regulations 1969 (SR 1969/194)
Slaughter of Stock, Game, and Poultry Regulations 1969, Amendment No 1 (SR 1977/266)

Schedule 2
Consequential amendments to other Acts

s 8(1)

Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87)

Amendment(s) incorporated in the Act(s).

Fisheries Act 1983 (1983 No 14) (RS Vol 27, p 137)

Amendment(s) incorporated in the Act(s).

Fisheries Act 1996 (1996 No 88)

Amendment(s) incorporated in the Act(s).

Food Act 1981 (1981 No 45)

Amendment(s) incorporated in the Act(s).

Health Act 1956 (1956 No 65) (RS Vol 31, p 467)

Amendment(s) incorporated in the Act(s).

Local Government Act 1974 (1974 No 66) (RS Vol 25, p 1)

Amendment(s) incorporated in the Act(s).

Meat Board Act 1997 (1997 No 105)

Amendment(s) incorporated in the Act(s).

Pork Industry Board Act 1997 (1997 No 106)

Amendment(s) incorporated in the Act(s).

Privacy Act 1993 (1993 No 28)

Amendment(s) incorporated in the Act(s).


Schedule 3
Regulations amended

s 8(2)

Biosecurity (Bovine Tuberculosis—Cattle Levy) Order 1998 (SR 1998/457)

Amendment(s) incorporated in the order(s).

Biosecurity (National American Foulbrood Pest Management Strategy) Order 1998 (SR 1998/260)

Amendment(s) incorporated in the order(s).

Biosecurity (National Bovine Tuberculosis Pest Management Strategy) Order 1998 (SR 1998/179)

Amendment(s) incorporated in the order(s).

Fish Export Processing Regulations 1995 (SR 1995/54)

Amendment(s) incorporated in the regulations.

Fisheries (Recordkeeping) Regulations 1990 (SR 1990/219)

Amendment(s) incorporated in the regulations.

Food Hygiene Regulations 1974 (SR 1974/169)

Amendment(s) incorporated in the regulations.

Food Regulations 1984 (SR 1984/262)

Amendment(s) incorporated in the regulations.

Game Industry Board Regulations 1985 (SR 1985/154)

Amendment(s) incorporated in the regulations.

Game Regulations 1975 (SR 1975/174)

Amendment(s) incorporated in the regulations.

Meat Board Regulations 1998 (SR 1998/323)

Amendment(s) incorporated in the regulations.

Meat Regulations 1969 (SR 1969/192)

Amendment(s) incorporated in the regulations.


Schedule 3A
Existing animal product businesses subject to 1 July 2003 transition date

s 9(1)

  • Schedule 3A: inserted, on 26 September 2002, by section 20 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

Part 1
Red meat processors

Business Premises
(Licensee under Meat Act 1981) (Licence identification under Meat Act 1981)
AFFCO New Zealand Limited ME 23
  ME 32
  ME 39
  ME 42
  ME 47
  ME 56
Alliance Group Limited ME 17
  ME 18
  ME 21
  ME 50
Auckland Meat Processors Limited ME 103
Bay City Meats (Timaru) Limited AB 15
Blue Sky Meats (NZ) Limited ME 80
Canterbury Meat Packers Limited ME 70
  ME 78
Wallace Meats Limited ME 108
Crusader Meats New Zealand Limited ME 118
Greenlea Premier Meats Limited ME 82
  ME 124
Lakeview Meat Processing Limited (in receivership) ME 136
Lamb Packers Feilding Limited ME 128
Land Meat New Zealand Limited ME 131
PPCS Limited ME 26
  ME 64
Progressive Meats Limited ME 87
Richmond Limited ME 9
  ME 52
  ME 58
  ME 60
  ME 84
  ME 88
  ME 102
  ME 125
Riverlands Eltham Limited ME 43
Taylor Preston Limited ME 86
Te Kuiti Meat Processors Limited ME 104
The Canterbury Frozen Meat Co Limited ME 15
  ME 16
  ME 34
  ME 37
UBP Limited ME 127
Wallace Corporation Limited ME 100

Part 2
Export seafood processors

Business Premises
(Licensee under Meat Act 1981) (Licence identification under Meat Act 1981)
Amaltal Fishing Co Limited PH 46
  PH 340
  PH 384
  PH 475
Antons Seafoods Limited PH 129
Cook Strait Seafoods Limited PH 62
  PH 150
  PH 156
Fiordland Lobster Company Limited PH 263
Globe Export Fisheries Limited PH 51
Greben Fishing Limited PH 588
Independent Fisheries Limited PH 37
  PH 373
  PH 476
  PH 483
  PH 521
J S Fishing Limited PH 468
Kia Ora Seafoods Limited PH 144
Leigh Fisheries Limited PH 126
Marlborough Seafoods Limited PH 187
Moana Pacific Fisheries Limited PH 59
  PH 116
  PH 188
  PH 290
  PH 299
  PH 439
Mt Maunganui Seafoods Limited PH 63
New Zealand Longline Limited PH 506
Ngai Tahu Fisheries Limited PH 389
  PH 397
O P Columbia PH 60
Otakou Fisheries Limited PH 91
Pacific Marine Farms (1996) Limited PH 85
  PH 141
Pacifica Seafoods (Christchurch) Limited PH 123
  PH 175
Prepared Foods Processing Limited PH 16
Sanford (South Island) Limited FPH 3
  FPH 5
  PH 148
  PH 164
  PH 177
  PH 250
Sanford Limited FPH 52
  FPH 53
  PH 48
  PH 76
  PH 463
  PH 464
  PH 503
  PH 512
  PH 513
Seafresh New Zealand Limited PH 184
Sealord Charters Limited PH 160
Sealord Group Limited PH 12
  PH 155
  PH 411
  PH 472
  PH 496
Sealord Shellfish Limited PH 181
Simunovich Fisheries Limited PH 194
  PH 480
Southern Seafoods Limited PH 168
  PH 190
  PH 458
Talleys Fisheries Limited PH 1
  PH 102
  PH 103
  PH 107
  PH 120
  PH 159
The New Zealand King Salmon Co Limited PH 157
Thomas Richard & Co Limited FPH 36
United Fisheries Limited PH 587
Vela Fishing Limited PH 477
  PH 495
Wellington Trawling Co Limited PH 192
Westfleet Fishermen's Co-operative Limited PH 143
Westhaven Marketing Limited PH 176
Westpac Mussels Distributors Limited PH 223

Part 3
Meat or game packing houses (other than cutting and boning only)

Business Premises
(Licensee under Meat Act 1981) (Licence identification under Meat Act 1981)
Advanced Foods of New Zealand Limited PH 31
Alaron Products Limited PH 412
  PH 517
ANZCO Green Island Limited PH 173
Auckland Casings Co Limited PH 88
Back Country Foods Limited PH 500
Bakels Edible Oils (NZ) Limited PH 416
Dairy Meats (Avondale) Limited PH 490
En'Zaq Aquaculture Limited PH 448
Forest Park Taupo (2000) Limited PH 494
Franklin Foods Limited PH 479
Garrett International Meats Limited PH 214
Glovers Food Processors Limited PH 80
Healtheries of New Zealand Limited PH 5
  PH 26
Heinz Wattie's Limited PH 233
  PH 467
Hygrade Casing Company Limited PH 478
  PH 530
Kiwi Pacific Foods Limited PH 445
Levin Casing Company Limited PH 261
Lowe Products New Zealand Limited PH 372
Mandarin International (NZ) Limited PH 306
McCallum Industries Limited PH 134
Meadow Lea Foods Limited PH 482
Nestle New Zealand Limited PH 328
New Zealand Gourmet Supplies Limited PH 504
New Zealand Pastoral Agricultural Research Institute Limited PH 84
New Zealand Supreme Natural Foods Limited PH 435
Nutri-Zeal Limited PH 486
Otago Venison Limited PH 376
Ottogi New Zealand Limited PH 461
Pacific Casings Limited PH 516
Park Trading Co Limited PH 82
PPCS Limited PH 401
Prudent Shipping and Processing Limited PH 515
Rapa United Casings (NZ) Limited PH 213
Richmond Limited PH 14
Tasman Extracts Limited PH 444
The Canterbury Frozen Meat Co Limited PH 55
Top Hat Convenience Foods Limited PH 519
Vitality Foods (New Zealand) Limited PH 7
Waikiwi Casings Co Ltd PH 505
  PH 149
Waitaki Biosciences International Limited PH 3
Woolworths (New Zealand) Limited PH 529

Schedule 3B
Businesses specifically excluded from 1 July 2004 transition date

s 9(1)(b), (d)

  • Schedule 3B: inserted, on 26 September 2002, by section 20 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 (2002 No 30).

Business Premises
(Licensee under section 19 of the Meat Act 1981) (Licence identification under Meat Act 1981)
Alba Cosco Limited PH 449
Bioproducts (New Zealand) Limited PH 436
Canterbury Antler (NZ) Limited PH 298
Deer World Limited PH 349
Evergreen Deer and Fish Products Co Limited PH 278
Evergreen Life Limited PH 426
Gamma Natural Products Limited PH 9
Gevir Products NZ Limited PH 358
Global Deer Products Limited PH 522
Hyun Dae Deer Products Limited PH 427
Kornex Corporation Limited PH 140
Luggate Game Packers Limited PH 93
Myung Soo Jeon PH 487
National Deer Horn Limited PH 220
New Bell International Limited PH 267
New Core Deer Products Limited PH 254
New Zealand Deer Horn Limited PH 510
New Zealand Deer Land Limited PH 525
Oxford Deer Products Limited PH 226
Parex International Limited PH 406
Park Trading Co Limited PH 383
Rokland Corporation Limited PH 336
S & K Star Co Limited PH 518
Sebanto Holdings Limited PH 399
Spring International Limited PH 339
Steven Chang PH 320
Sunling Natural Products Limited PH 283
Tasman Velvet Processors Limited PH 39
Tsengs Enterprises (NZ) Limited PH 488

Schedule 4
Fees and charges

s 22(1)

[Repealed]

  • Schedule 4: repealed, on 1 July 2002, pursuant to regulation 8 of the Animal Products (Fees, Charges, and Levies) Regulations 2002 (SR 2002/138).


Schedule 5
Levies

s 22(2)

[Repealed]

  • Schedule 5: repealed, on 1 September 2001, pursuant to regulation 4(1) of the Animal Products (Fees, Charges, and Levies) Regulations 2001 (SR 2001/198).


Schedule 6
Amendments to regulations continued in force

s 77

  • Schedule 6: added, on 1 June 2005, by section 9 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

Dairy Industry (IMA Certification) Regulations 2000 (SR 2000/116)

Amendment(s) incorporated in the regulations.

Dairy Industry (National Residue Monitoring Programme) Regulations 2002 (SR 2002/139)

Amendment(s) incorporated in the regulations.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Animal Products (Ancillary and Transitional Provisions) Act 1999. The reprint incorporates all the amendments to the Act as at 1 June 2005, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)