Biosecurity (Meat and Food Waste for Pigs) Regulations 2005

Reprint
as at 1 October 2008

Crest

Biosecurity (Meat and Food Waste for Pigs) Regulations 2005

(SR 2005/150)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 7th day of June 2005

Present:
The Right Hon Helen Clark presiding in Council

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.

These regulations are administered by the Ministry of Agriculture and Forestry.

Pursuant to section 165(1) of the Biosecurity Act 1993, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister for Biosecurity after consultation in accordance with subsection (2) of that section, makes the following regulations.

Regulations

1 Title

  • These regulations are the Biosecurity (Meat and Food Waste for Pigs) Regulations 2005.

2 Commencement

  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Purpose

  • The purpose of these regulations is to reduce the risk to New Zealand and its livestock industries of an outbreak of foot-and-mouth disease and other diseases—

    • (a) by prohibiting the feeding to pigs of untreated meat or food waste containing untreated meat; and

    • (b) by regulating the collection and distribution of, and trade in, meat and food waste for feeding to pigs.

4 Interpretation

  • In these regulations, unless the context otherwise requires,—

    Act means the Biosecurity Act 1993

    animal means any member of the animal kingdom other than a human being

    Director-General means the chief executive of the Ministry of Agriculture and Forestry

    edible means edible by pigs

    food waste—

    • (a) means any edible food waste; and

    • (b) includes—

      • (i) food prepared for human consumption:

      • (ii) substances prepared to be used as ingredients in food for human consumption:

      • (iii) edible waste from food prepared for human consumption (for example, waste from households, hostels, commercial accommodation, or institutions, or from supermarkets, restaurants, or other businesses):

      • (iv) edible waste from food manufacturing processes (for example, broken biscuits, misshapen pies, or bruised fruit):

      • (v) edible by-products from manufacturing processes (for example, brewer's grain)

    meat—

    • (a) means any live or dead animal, or any tissue or other material taken or derived from an animal; but

    • (b) does not include eggs, milk, or rendered material

    pig means an animal of the genus Sus

    rendering means the processing of by-products from slaughtered animals using heat to produce—

    • (a) fat (tallow); and

    • (b) processed animal protein (for example, meat and bone meal)

    treated means—

    • (a) heated to 100°C for 1 hour; or

    • (b) treated to a standard approved by the Director-General and notified in the Gazette

    untreated food waste—

    • (a) means food waste that is or contains untreated meat; and

    • (b) includes food waste that has come into contact with other food waste that is or contains untreated meat

    untreated meat means meat that has not been treated.

5 Person must not feed pig untreated meat or untreated food waste

  • (1) A person must not feed, or allow, cause, or permit any other person to feed, a pig untreated meat or untreated food waste.

    (2) A person must not allow, cause, or permit a pig to eat untreated meat or untreated food waste.

6 Person must not collect, distribute, or trade untreated meat or untreated food waste for or intended for feeding to pigs

  • (1) A person must not collect, distribute, or trade untreated meat or untreated food waste for, or intended for, feeding to pigs.

    (2) Subclause (1) does not apply if the person believes, on reasonable grounds, that the untreated meat or untreated food waste will be treated before it is fed to the pigs.

7 Duty of certain people to report on suspected breaches of regulations

  • (1) This regulation applies to the following people:

    • (a) inspectors and authorised persons under the Act; and

    • (b) inspectors appointed under—

      • (i) section 60 of the Agricultural Compounds and Veterinary Medicines Act 1997; and

      • (ii) section 124 of the Animal Welfare Act 1999 (excluding a constable); and

    • (c) inspectors within the meaning of regulation 2(1) of the Food Hygiene Regulations 1974; and

    • (d) animal product officers appointed under section 78 of the Animal Products Act 1999.

    (2) A person must report any potential or suspected breach of these regulations to the Director-General as soon as is reasonably practicable.

    Section 7(1)(b)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

8 Strict liability offences

  • (1) Every person commits an offence who breaches regulation 5 or regulation 6(1).

    (2) In any proceedings for an offence, it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

    (3) It is a defence in any proceedings for an offence if the defendant proves that—

    • (a) the breach was due to an event or cause beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage; and

    • (b) the defendant took all reasonable steps to ensure that the offence was not committed.

    (4) A defendant is entitled to rely on an event or cause beyond the control of the defendant, as part of a defence under subclause (3), only—

    • (a) with the leave of the court; or

    • (b) if—

      • (i) the defendant has served on the informant a notice in writing identifying the event or cause relied on by the defendant; and

      • (ii) the notice is served not later than 14 days before the date on which the hearing of the proceedings begins.

9 Penalties

  • (1) A person who commits an offence against regulation 8(1) is liable to the penalties specified in section 157(6) of the Act.

    (2) Section 156 of the Act (which relates to the liability of principals and agents) applies to an offence against these regulations.

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 9 June 2005.

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 Biosecurity (Meat and Food Waste for Pigs) Regulations 2005. The reprint incorporates all the amendments to the regulations as at 1 October 2008, 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/legislation/reprints.shtml or Part 8 of the Tables of 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)