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Meat Amendment Act 1975

Public Act		1975 No 10
Date of assent		30 June 1975

An Act to amend the Meat Act 1964

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Meat Amendment Act 1975, and shall be read together with and deemed part of the Meat Act 1964 (hereinafter referred to as the principal Act).

2 Interpretation

(1)

Section 2(1) of the principal Act is hereby amended by inserting, in their appropriate alphabetical order, the following definitions:

“‘Director’ means the Director of the Meat Division of the Ministry of Agriculture and Fisheries:

“‘Game packing house’ means premises licensed as such pursuant to Part IV of this Act:

“‘Game product’ includes any article of human food, or any article intended for or capable of being used for human food that is manufactured in whole or in substantial or known quantities from game:

“‘Killed game’ does not include farmed deer slaughtered in a deer slaughtering premises:

“‘Processing’, in relation to game, includes boning-out, cutting, chilling, and freezing:

“‘Slaughter’, in relation to farmed deer, means causing the death of the deer by bleeding it in a hanging position after rendering it insensible to pain:”.

(2)

Section 2(1) of the principal Act is hereby further amended by inserting, after the definition of the term “export slaughterhouse licence”, the following definition:

“‘Farmed deer’ means deer kept in captivity—

“(a)

On a deer farm that is licensed under regulations relating to deer farming made under the Animals Act 1967; or

“(b)

In circumstances authorised by regulations made under the Noxious Animals Act 1956:”.

(3)

Section 2(1) of the principal Act is hereby further amended by repealing the definition of the word “game”, and substituting the following definitions—

“‘Game’ means—

“(a)

Any deer, chamois, thar, or hare:

“(b)

Any pig or goat which has not been herded, mustered, or handled in the manner of a farm animal:

“(c)

Any other animal which the Governor-General may declare to be game for the purposes of this Act—

and includes every part of the killed or slaughtered body of game which is, or may be rendered, fit for human consumption:”.

(4)

Section 2(1) of the principal Act is hereby further amended by repealing the definition of the word “packaging”, and substituting the following definition:

“‘Packaging’ means—

“(a)

In relation to meat or meat products intended for sale for consumption in New Zealand, the packing or enclosing, before the meat or meat products are offered for sale, of the meat or meat products in the manner in which they are intended to be offered for sale by retail; but does not include the canning of meat or the packaging of cooked meat or meat products, or of dripping or lard, or of meat intended to be sold by retail on the premises in which it is packaged:

“(b)

In relation to game and game products, the packaging or enclosing thereof in any box, bag, barrel, carton, drum, wrapper, or other receptacle, and includes canning:”.

(5)

Section 2(1) of the principal Act is hereby further amended by repealing the definition of the word “stock”, and substituting the following definition:

“‘Stock’ includes—

“(a)

Cattle, sheep, and horses:

“(b)

Pigs and goats which have been herded, mustered, or handled in the manner of farm animals:

“(c)

Any other animal which the Governor-General may declare to be stock within the meaning of this Act:”.

3 New Part IV substituted

The principal Act is hereby amended by repealing Part IV, and substituting the following Part:

“PART IV “Slaughter, Packaging, and Processing of Game

“59 Game packing houses to be licensed

“(1)

Subject to subsection (3) of this section, no premises shall be used for—

“(a)

Processing or packaging game; or

“(b)

Manufacturing game products—

intended for sale for human consumption, unless those premises are licensed by the Minister as a game packing house.

“(2)

Nothing in subsection (1) of this section shall apply to the processing or packaging of any game or game product in premises where any game or game product, whether raw or cooked, is sold for human consumption, if the game or game product is derived from a game packing house licensed pursuant to subsection (1) of this section.

“(3)

Notwithstanding subsection (1) of this section, premises approved pursuant to section 60(2) of this Act may be used for packaging and processing game to the extent of chilling and wrapping it, and premises licensed pursuant to section 60(1) of this Act may be used likewise and also for freezing game.

“60 Other premises for holding game to be licensed

“(1)

Subject to subsection (2) of this section, no premises shall be used for holding killed game intended to be—

“(a)

Processed or packaged; or

“(b)

Manufactured into game products—

in a game packing house for sale for human consumption, unless those premises are licensed by the Minister, in accordance with regulations made under this Act, as premises for the inspection of game.

“(2)

Notwithstanding subsection (1) of this section, premises approved by the Director for the purpose, in accordance with regulations made under this Act, may be used as a depot for holding killed game prior to the delivery of the game to a game packing house or to premises licensed pursuant to subsection (1) of this section.

“(3)

In this section ‘premises’ does not include any means of conveyance used for the transport of killed game.

“60a Premises for slaughtering deer to be licensed

No premises shall be used for—

“(a)

Slaughtering any farmed deer; or

“(b)

Dressing any slaughtered farmed deer—

intended to be processed or packaged or to be manufactured into game products in a game packing house for sale for human consumption, unless those premises are licensed for the purpose by the Minister in accordance with regulations made under this Act.

“60b Game exporters to be licensed

No game packaged or processed, or game products manufactured, in New Zealand shall be exported from New Zealand except under the authority of a game exporter’s licence granted by the Minister in accordance with regulations made under this Act.

“60c Sale of game

“(1)

No person shall sell, expose for sale, or have in his possession for the purpose of sale, for human consumption any game or game product which has not been derived from a licensed game packing house.

“(2)

Where any game or game product is found on any premises used by any person for the sale of game or game products or for the holding or storage of game or game products intended for sale, it shall, for the purposes of this section, be presumed to be in the possession of that person unless and until the contrary is proved.

“(3)

Where any person is charged with an offence against this section, the burden of proving that the game or game products to which the proceedings relate was derived from a licensed game packing house shall be on the defendant.

“(4)

Nothing in subsection (1) of this section applies to—

“(a)

The sale of any killed game for the purpose of its being—

“(i)

Processed or packaged; or

“(ii)

Manufactured into game products—

in a game packing house:

“(b)

The sale of killed and cooked game as a meal, or part of a meal, if the game was personally shot or otherwise killed either by a bona fide guest residing for the time being in the premises where the meal is sold or by the owner, tenant, or manager of the premises or by any person by whom the meal is sold.

“60d Issue of licences

“(1)

The grant or cancellation of licences by the Minister under sections 59, 60(1), 60a, and 60b of this Act, and of approval by the Director under section 60(2) of this Act, and the refusal by the Minister to grant or renew any such licence or by the Director to grant any such approval, shall be in accordance with regulations made under this Act.

“(2)

Any such regulations may provide for the licensing of game packing houses only for a specified kind of processing or packaging of game, or only for the processing or packaging of a particular species of game, or only for the manufacture of game products.

“60e Offences under this Part

Every person who acts in contravention of or fails to comply with any provision of sections 59, 60, 60a, 60b, or 60c of this Act commits an offence against this Act and is liable on conviction to a fine not exceeding $300.

“60f Presumptions in proceedings for offence

Where a person is charged with an offence under any of the following sections of this Act, the facts mentioned hereunder in relation to that section shall be presumed unless the contrary is proved—

“(a)

In the case of section 59, where premises are used for the processing or packaging of game or for the manufacture of any game product, that any game or game product thereon was intended for sale for human consumption:

“(b)

In the case of section 60, where premises are used for holding killed game by a person carrying on any game business and using the premises in connection with that business, that the killed game was intended to be processed or packaged, or to be manufactured into game products in a game packing house for sale for human consumption:

“(c)

In the case of section 60a, where premises are used for slaughtering any farmed deer or dressing any slaughtered farmed deer, that the slaughtered farmed deer was intended to be processed or packaged, or to be manufactured into game products, in a game packing house for sale for human consumption:

“(d)

In the case of section 60c, where any person sells, exposes for sale, or has in his possession for the purpose of sale, any game or game product, that game or game product was sold, exposed for sale, or in his possession for the purpose of sale, for human consumption.

“61 Particular provisions as to regulations respecting game

“(1)

The Governor-General may from time to time, by Order in Council, make regulations that—

“(a)

Relate to

“(i)

Game packing houses and other premises subject to this Part of this Act; and

“(ii)

The slaughter of farmed deer, the processing and packaging of game, the manufacture of game products, and the handling, storage, and conveyance of game and game products; and

“(b)

Are for all or any of the following purposes:

“(i)

The imposition of such conditions as the Minister thinks fit upon the grant or renewal of a licence, or as the Director thinks fit in the case of an approval under section 60(2) of this Act, and the variation, cancellation, and substitution of any such condition:

“(ii)

The giving of an undertaking by the Minister to grant a licence, or by the Director to give an approval, in respect of any premises, being premises referred to in this Part of this Act, which are proposed to be acquired, or to be constructed, altered, or equipped for any use which requires a licence or approval under this Part of this Act:

“(iii)

The suspension by the Minister, by notice in the Gazette, of the grant of any further game packing house licences:

“(iv)

The keeping of records in respect of the nature, quantity, and origin of game or game products handled in premises subject to this Part of this Act:

“(v)

The inspection by an Inspector before, and the presence of an Inspector at, the slaughter of farmed deer and the powers of an Inspector in relation to the slaughter of farmed deer:

“(vi)

The manner in which killed game shall be dealt with, handled, and transported prior to delivery to any premises subject to this Part of this Act.

“(2)

Without limiting the powers conferred by subsection (1) of this section or by section 83 of this Act, regulations made under this Act may empower the Director-General, in accordance with such regulations, to—

“(a)

Prohibit the use in any premises subject to this Part of this Act of any substance (including a container or other material used in packaging) if he has reason to believe that it is or is likely to be harmful to game or game products:

“(b)

Prohibit for any specified time the reception into any premises subject to this Part of this Act of game derived from any specified area if he has reason to believe that game in that area could have become adversely affected by any toxic substance:

“(c)

Specify in relation to the operations carried out in any premises subject to this Part of this Act, the maximum rate at which, the manner in which, and the hours during which, such operations may be carried out, if he considers that it is necessary to do so having regard to the maintenance of proper standards of hygiene and inspection in those premises or to the availability of Inspectors to perform the functions of inspection at those premises.”

4 Rights of appeal

Section 78 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:

“(1)

If the Minister—

“(a)

Refuses to renew any licence under Part IV of this Act; or

“(b)

Withholds his consent to the renewal of any other licence under this Act; or

“(c)

Revokes any licence under this Act—

the licensee may, within twenty-one days after receiving notice of the decision of the Minister, give notice of appeal, in the prescribed manner, to the Director-General.”

5 Regulations

(1)

Subsection (1) of section 83 of the principal Act is hereby amended—

(a)

By inserting in paragraph (b), after the word “licence” in each place where it occurs, the words “or approval”:

(b)

By omitting from paragraph (d) the words “carcasses, or meat” where they first occur, and substituting the words “farmed deer, carcasses, meat, or meat products”:

(c)

By omitting from paragraph (d) the words “carcasses, or meat” where they secondly occur, and substituting the words “carcasses, meat, or meat products”:

(d)

By inserting in paragraph (e), after the word “stock”, the words “or farmed deer”:

(e)

By inserting in paragraph (f), after the word “slaughterhouses”, the words “or deer slaughtering premises”:

(f)

By inserting in paragraph (i), after the word “stock”, the words “, slaughtered farmed deer, or killed game”:

(g)

By omitting from paragraph (j) the words “may be issued under this Act”, and substituting the words “or approvals may be issued or given under this Act”:

(h)

By omitting from paragraph (k) the words “and stock-yards”, and substituting the words “stockyards, and other premises subject to this Act”:

(i)

By adding to paragraph (k) the words “and the hygiene requirements to be observed by or in relation to any person working therein so far as concerns the clothing, conduct, and health of such person”:

(j)

By omitting from paragraph (l) the words “or cannery”, and substituting the words “cannery, or other”:

(k)

By inserting in paragraph (m), after the word “meat”, the words “or meat products”:

(l)

By adding to paragraph (n) the words “or to game or game products”:

(m)

By inserting in paragraph (o) after the word “meat” in both places where it occurs, the words “or meat products”:

(n)

By omitting from paragraph (p) the words “or meat”, and substituting the words “farmed deer, meat, or meat products”:

(o)

By inserting in paragraph (p), after the word “meat” in the second place where it occurs, the words “or meat products”:

(p)

By inserting in paragraph (r), after the word “stock”, the words “and farmed deer”:

(q)

By omitting from paragraph (u) the words “or canneries, or by the holders of meat”, and substituting the words “canneries, or other premises subject to this Act, or by the holders of meat or game”.

(2)

The said section 83 of the principal Act is hereby further amended by repealing subsection (4), and substituting the following subsections:

“(3a)

The operation of any regulation made under this Act in relation to the inspection, branding, or certification ofgame or game products may, by notice in the Gazette, besuspended by the Minister in whole or in part in respect ofany game packing house, and any such notice may, in likemanner, at any time be amended or revoked.

“(4)

In this section—

“(a)

Every reference to a ‘packing house’ includes a game packing house:

“(b)

Every reference to ‘carcasses’, ‘meat’, and ‘meat products’ shall (except in paragraph (n) of subsection (1)) be deemed to include a reference also to game carcasses, game meat, and game products, as the case may be.”

6 Transitional provisions

(1)

The following provisions shall have effect in relation to game packing house licences subsisting on the 30th day of June 1975 under the Game (Packing and Export) Regulations 1967—

(a)

Notwithstanding regulation 4 of the said regulations the Minister shall not be required to renew any such licence which expires on the 30th day of June 1975:

(b)

Subject to paragraph (c) of this subsection, all such licences shall continue in force until the 30th day of September 1975 (or until such later date as the Minister may appoint by notice in the Gazette) without any other authority than this section, and shall then cease to have effect:

(c)

If regulations are made under the principal Act revoking the Game (Packing and Export) Regulations 1967 and replacing them with regulations to similar effect, a licence continued in force under paragraph (b) of this subsection in respect of any premises shall cease to have effect when a game packing house licence under the replacing regulations in respect of those premises is granted or refused or an application therefor is withdrawn.

(2)

The continuance in force of a licence by virtue of subsection (1) of this section shall not be construed as an exemption of any game packing house or the licensee thereof or any other person from compliance with any other provision of regulations for the time being in force under the principal Act except to the extent that the operation of the regulations is suspended by the Minister, pursuant to section 83(3a) of the principal Act, in respect of that game packing house.

This Act is administered in the Ministry of Agriculture and Fisheries.

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Meat Amendment Act 1975