New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 1 June 2005
(SR 2002/139)
Silvia Cartwright, Governor-General
At Wellington this 27th day of May 2002
Present:
Her Excellency the Governor-General in Council
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.
These regulations are administered by the Ministry of Agriculture and Forestry.
Pursuant to section 32 of the Dairy Industry Act 1952, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
These regulations are the Dairy Industry (National Residue Monitoring Programme) Regulations 2002.
These regulations come into force on 1 July 2002.
In these regulations, unless the context otherwise requires,—
Act means the Animal Products Act 1999
chemical substance includes an agricultural compound, a veterinary medicine, an environmental contaminant, an extraneous substance, a toxic substance, and the metabolites of those substances
Director-General means the chief executive of the Department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of the Act
farm dairy has the same meaning as in the Act
operator means—
(a) for a dairy processor, including the operator of a farm dairy, every person who controls or manages the dairy processing; and
(b) for a registered risk management programme, the person specified in the programme as the operator
programme means the dairy residue monitoring programme referred to in regulation 5
recognised laboratory means a laboratory recognised under the Act
recognised person means a person recognised by the Director-General under regulation 6
residue—
(a) means a chemical substance that remains in or on raw milk, dairy material, or dairy product and that—
(i) is likely to be harmful to a human or an animal; or
(ii) fails to comply with the New Zealand (Maximum Residue Limits of Agricultural Compounds) Food Standard and Food Standards Code applicable to New Zealand; or
(iii) exceeds any maximum allowable level specified in standards or specifications made under the Act:
(b) includes a contaminant that is of a chemical nature.
Regulation 3: substituted, on 1 June 2005, by section 77(1)(b) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
The purpose of these regulations is to enable it to be determined whether residues in dairy material or product are controlled effectively.
Regulation 4: substituted, on 1 June 2005, by section 77(1)(b) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
The dairy residue monitoring programme established and commenced on 1 July 2002 authorises recognised persons to sample and test dairy material or product from farm dairies and dairy factories (whether the dairy material or product is for domestic sale or export sale or for human or animal consumption).
Regulation 5: substituted, on 1 June 2005, by section 77(1)(b) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
The Director-General may recognise an agency or a person for the purpose of undertaking sampling, testing, or other activities under the programme if the Director-General is satisfied that the person or class of person has the necessary experience and skill.
Regulation 6: substituted, on 1 June 2005, by section 77(1)(b) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
All testing of dairy material or product under the programme must be carried out in a recognised laboratory.
Regulation 7: substituted, on 1 June 2005, by section 77(1)(b) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
(1) The Director-General must, within a reasonable time if practicable, advise a risk management programme operator (or the operator of a business to which section 79(2)(a) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 applies) of the results of tests under the programme of that operator's dairy material or product.
(2) The Director-General may release information on the programme, but must not identify an operator or farm dairy or dairy factory in doing so.
(3) The Director-General must keep information obtained through the programme confidential unless disclosure is required—
(a) under the Official Information Act 1982; or
(b) to enable a recognised agency or person to sample or test under the programme; or
(c) to enable a person to do whatever is necessary or desirable to respond to a finding that a residue in dairy material or product is unsafe or suspected to be so.
(4) A recognised agency, person, or laboratory that holds information about sampling or other activities under the programme must keep that information confidential unless the programme requires the agency, person, or laboratory to disclose the information.
Regulation 8: substituted, on 1 June 2005, by section 77(1)(b) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
(1) The Director-General may conduct or arrange a survey or do research, development, or investigatory work if the Director-General considers that is desirable or necessary to determine—
(a) whether or not, or how, to exercise a power or function contemplated by these regulations in relation to the programme; or
(b) how best to achieve the purpose of these regulations, including developing or testing legislative, administrative, technical, or other measures.
(2) The Director-General is authorised under subclause (1) to investigate or confirm the presence, absence, extent, or distribution of a residue in dairy material or product in New Zealand or the risk posed by that residue.
(3) The Director-General must do everything reasonably practicable to consult the persons likely to be substantially affected by a survey referred to in subclause (1). However, consultation is not required if the Director-General considers that an urgent survey is desirable in the public interest.
Regulation 9: substituted, on 1 June 2005, by section 77(1)(b) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
[Revoked]
Regulation 10: revoked, on 1 June 2005, by section 77(1)(b) Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
Diane Wilderspin,
Acting for Clerk of the Executive Council.
Date of notification in Gazette: 30 May 2002.
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)
This is a reprint of the Dairy Industry (National Residue Monitoring Programme) Regulations 2002. The reprint incorporates all the amendments to the regulations 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.
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.
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.
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).
Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94): section 77(1)(b)
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