Animal Products Amendment Regulations 2018

2018/132

Coat of Arms of New Zealand

Animal Products Amendment Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 6th day of August 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 125E and 166 of the Animal Products Act 1999 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Animal Products Amendment Regulations 2018.

2 Commencement

These regulations come into force on 10 September 2018.

3 Principal regulations

These regulations amend the Animal Products Regulations 2000 (the principal regulations).

4 New Part 1A inserted

After regulation 21, insert:

Part 1A Offences and infringement offences against section 135 of Act

21A Failure to comply with Animal Products Notice: Specifications for Products Intended for Human Consumption

(1)

In this regulation, unless the context otherwise requires,—

NAIT animal has the same meaning as in section 4 of the National Animal Identification and Tracing Act 2012

notice means the Animal Products Notice: Specifications for Products Intended for Human Consumption issued at Wellington on 1 March 2016 under the authority of the Director-General for Primary Industries.

(2)

A person who fails to comply with any of the following in relation to a NAIT animal commits an offence against section 135 of the Act:

(a)

clause 10.2(1) of the notice (which relates to completing an animal status declaration or electronic supplier statement):

(b)

clause 10.2(4) of the notice (which relates to completing the declaration or statement in accordance with the stated requirements):

(c)

clause 10.2(8) to (11) of the notice (which relates to record keeping):

(d)

clause 11.4(1) of the notice (which relates to completing a supplier statement):

(e)

clause 11.4(6) to (9) (which relates to record keeping).

(3)

For an offence against—

(a)

subclause (2)(a), (c), (d), or (e), the person is liable on conviction to a fine not exceeding $2,400:

(b)

subclause (2)(b), the person is liable on conviction to a fine not exceeding $1,200.

(4)

The offence against—

(a)

subclause (2)(a), (c), (d), or (e) is an infringement offence with an infringement fee of $800:

(b)

subclause (2)(b) is an infringement offence with an infringement fee of $400.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 10 September 2018, amend the Animal Products Regulations 2000, and are made under sections 125E and 166 of the Animal Products Act 1999 (the Act).

They insert new Part 1A, which relates to offences against section 135 of the Act. New regulation 21A sets out penalties for offences and infringement offences for failing to comply with certain clauses of the Animal Products Notice: Specifications for Products Intended for Human Consumption.

Regulatory impact assessment

The Ministry for Primary Industries produced a regulatory impact assessment on 25 July 2018 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 9 August 2018.

These regulations are administered by the Ministry for Primary Industries.