Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019

2019/124

Coat of Arms of New Zealand

Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 27th day of May 2019

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 117, 118, 121, and 166 of the Animal Products Act 1999

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Food Safety after being satisfied that the requirements of sections 113 and 115 of that Act have been met.

Regulations

1 Title

These regulations are the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019.

2 Commencement

These regulations come into force on 1 July 2019.

3 Principal regulations

These regulations amend the Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015 (the principal regulations).

4 Regulation 3 amended (Interpretation)

(1)

In regulation 3, definition of large exporter, replace “636 000 kg” with “466,000 kg”.

(2)

In regulation 3, definition of large processor, replace “491 000 kg” with “151,000 kg”.

(3)

In regulation 3, revoke the definition of medium processor.

(4)

In regulation 3, definition of small exporter, replace “636 000 kg” with “466,000 kg”.

(5)

In regulation 3, definition of small processor, paragraph (b), replace “16 500 kg” with “151,000 kg”.

5 Regulation 7 amended (Provisions relating to large processors)

In regulation 7(3), replace “medium” with “small”.

6 Regulation 8 amended (Effect of change in collection volume, entering market, or change of business owner)

Replace regulation 8(1), (2), and (3) with:

(1)

This regulation applies if, during a financial year,—

(a)

a small processor’s collection of milksolids makes the processor a large processor; or

(b)

a large processor’s collection of milksolids makes the processor a small processor; or

(c)

a person becomes a dairy processor of dairy material that is not RCS raw milk.

(2)

A processor to whom this regulation applies must pay the levy for a small or large processor, as the case may be, until the Director-General next determines each large processor’s milksolids collection for the previous financial year and the total milksolids collected for the previous financial year from large processors.

(3)

For the purposes of subclause (2),—

(a)

a small processor who becomes a large processor is liable to pay the levy for a small processor:

(b)

a large processor who becomes a small processor is liable to pay the levy for a large processor:

(c)

a person to whom subclause (1)(c) applies is liable to pay the levy for a small processor.

7 Regulation 9 amended (Director-General may require information for purpose of calculating levies)

In regulation 9(1), (2), and (3), delete “a medium processor or”.

8 Schedule amended

(1)

In the Schedule, replace Part 1 with the Part 1 set out in the Schedule of these regulations.

(2)

In the Schedule, Part 2, table,—

(a)

item (a), in the second column, replace “155.00” with “135.00”; and

(b)

item (b), in the second column, replace “38.75” with “33.75”.

(3)

In the Schedule, Part 7, table, replace item 2, relating to circuit charge, with:

2Circuit charge
Hourly charges for verifiers

(for all verification activities)

Verifier—
(a)non-penal rates—
per hour $176.00
per hour at 1½ time$264.00
per hour at double time$352.00
(b)penal rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$88.00 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$176.00 per hour per verifier for penal time worked at penal rate 1.0

(iii)

$352.00 per hour per verifier for penal time worked at penal rate 2.0

Schedule Part 1 of Schedule replaced

r 8(1)

Part 1 Fixed fees, charges, and levies

Service areaFee, charge, or levy*When fee, charge, or levy payable and by whom
Standards setting, compliance, and monitoring
Development and maintenance of New Zealand standards, performance monitoring, and dairy residue monitoring

L = [(TCMPI Annual × MS last) ÷ MStotal last]

where—

L

is the levy payable by the processor

TCMPI Annual

is $4,935,867, being the Ministry’s total cost payable by large processors

MS last

is the processor’s milksolids collection for the previous year

MStotal last

is the total milksolids collected for the previous year from all large processors.

In the items above, year means a 1 July to 30 June year.

Payable by large processors in equal instalments on 30 September, 31 December, 31 March, and 30 June each year
$400Payable by small processors on 30 September each year
Development and maintenance of New Zealand standards relating to RCS raw milk, and performance monitoring and dairy residue monitoring in relation to RCS raw milk$581.25Payable by registered farm dairy operators on 30 September each year
Development and maintenance of market access standards and programme and export standards

L = [(ETCMPI Annual × EM last) ÷ EMTotal last]

where—

L

is the levy payable by the exporter

ETCMPI Annual

is $1,355,100, being the Ministry’s total cost payable by large exporters

EM last

is the exporter’s dairy export mass for the previous year

EMTotal last

is the total dairy export mass for all large exporters for the previous year.

In the items above, year means a 1 July to 30 June year.

Payable by large exporters in equal instalments on 30 September, 31 December, 31 March, and 30 June each year, who export dairy products that fall within any of the following Customs tariff codes:

(a)

all codes under 04.01 milk and cream, not concentrated nor containing added sugar or other sweetening matter:

(b)

all codes under 04.02 milk and cream, concentrated or containing added sugar or other sweetening matter:

(c)

all codes under 04.03 buttermilk, curdled milk and cream, yogurt, kephir, and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts, or cocoa:

(d)

all codes under 04.04 whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included:

(e)

all codes under 04.05 butter and other fats and oils derived from milk; dairy spreads:

(f)

all codes under 04.06 cheese and curd:

(g)

35.01 casein, caseinates, and other casein derivatives; casein glues:

(h)

3502.20.00 00C: milk albumin, including concentrates of two or more whey proteins:

(i)

21.05 ice cream and other edible ice, whether or not containing cocoa:

(j)

1901.10.09 00C and 1901.90.09 28B: these codes cover infant formula, follow on formula and supplementary food for young children and adult nutritional powders:

(k)

1702.11.00 00F: containing by weight 99% or more lactose, expressed as anhydrous lactose, calculated on the dry matter:

(l)

1702.19.00 00B: containing by weight 99% or more lactose, expressed as anhydrous lactose, calculated on the dry matter and Other:

(m)

2106.10.09 00J: protein concentrates and textured protein substances – Other (non-vegetable protein).

$200Payable by small exporters on 30 September each year
Approvals
Application for, assessment of, and approval or renewal of registration of person as a registered farm dairy operator or registered depot operator under the regulated control scheme imposed by the Raw Milk for Sale to Consumers Regulations 2015$135 per applicationApplicant
Application for, evaluation of, and approval or variation of risk management programmes and quota compliance programmes$135 per applicationApplicant
Application for, evaluation of, and approval or variation of approval of laboratories$135 per applicationApplicant
Application for, evaluation of, and approval or variation of codes of practice$135 per applicationApplicant
Application for, evaluation of, and recognition, variation, or renewal of agency or person as recognised agency or recognised person under Part 8 of the Act$135 per applicationApplicant
Application for agreement to minor amendments of risk management programme$67.50 per applicationApplicant
Market access functions
Application for market access functions$135 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
Applicant
Compliance and monitoring
Verification inspection and audits$135
plus assessment charge on hourly basis after the first hour as specified in Part 2
Payable by occupier of the premises subject to verification inspection and audits
Application for product disposition$135 per applicationApplicant
Official assurances
Issue of official assurance under section 61 of the Act$33.75 per application
plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2
Applicant
Reissue of official assurance under section 64(2) of the Act if replacement assurance demanded by importing country$405 per replacement certificate
plus assessment charge on hourly basis after the first 3 hours as specified in Part 2
Applicant
Exporter registration
Application for registration or renewal of registration$135 per applicationApplicant
Performance of functions, powers, or duties not elsewhere provided for

Performance or exercise of a function, power, or duty that—

  • is required to be undertaken under the Act, including under any regulations or notices; and

  • is not prescribed elsewhere in these regulations

$67.50
plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2
The person whose actions resulted in the function, power, or duty being required to be performed or exercised
Maintenance compounds
Application for approval of any maintenance compounds that is required to be undertaken under the Act, including under any regulations or notices$67.50 per applicationApplicant
Infant formula
Issue of exporter declaration for infant formula product or formulated supplementary food for young children (within the meaning of those terms in clause 1.2(1) of the Animal Products Notice: Export Requirements for Infant Formula Products and Formulated Supplementary Foods for Young Children (1 February 2016))$33.75 per declaration
plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2
Payable by the exporter within 1 month of issue of the invoice
Stand-alone animal product storage premises

Development and maintenance of standards that apply to premises that—

  • store animal products; and

  • are covered by a risk management plan that does not include processing or manufacturing activities

$207.30 per premisesPayable by the operator of the premises on 30 September each year
*Fee, charge, or levy exclusive of any applicable costs payable under Parts 3 and 4

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 1 July 2019, amend the Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015 (the principal regulations). The amendments—

  • replace the weight thresholds in the definitions of large exporter, large processor, small exporter, and small processor; and

  • remove the category of medium processor from the principal regulations; and

  • prescribe new fees, charges, and levies, set out in new Part 1 of the Schedule of the principal regulations; and

  • prescribe new assessment charges in relation to the services described in Part 2 of the Schedule of the principal regulations; and

  • prescribe new hourly charges for verifiers in relation to circuit charges in Part 7 of the Schedule of the principal regulations.

These regulations are a confirmable instrument under section 47B of the Legislation Act 2012. They are revoked at the close of 30 June 2020, unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(a) of that Act.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 30 May 2019.

These regulations are administered by the Ministry for Primary Industries.