Meat Act 1981
Meat Act 1981
Meat Act 1981
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Meat Act 1981
Public Act |
1981 No 56 |
|
Date of assent |
20 October 1981 |
|
Contents
An Act to consolidate and amend the Meat Act 1964 and its amendments, and to make other provision relating to the slaughtering, processing, packing, inspection, distribution, and export of certain animals and any products or byproducts derived from them
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 Act 1981.
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
“Abattoir” means any premises (other than licensed custom-killing premises or a rural slaughterhouse) that are used as an abattoir for the slaughter of stock from which meat is derived for sale on the domestic market:
“Animal” means any stock, farmed deer, game, poultry, fish, or rabbit:
“Approved” means approved by the Director:
“Brand” includes any mark or stamp, and also includes any tag or label bearing any mark or stamp:
“Byproduct” means any article not intended nor capable of being used for human consumption that is derived in whole or in substantial or known quantities from animals:
“Canning” includes the canning of products for sale in cans or glass containers:
“Carcass” means the body and head of any slaughtered animal after bleeding and dressing; and includes any part (other than any offal) that has been severed therefrom:
“Casings” means any products derived from the intestines of any slaughtered animal and intended for use as containers of any other product:
“Custom-killing premises” means premises in which, for fee or reward, stock is slaughtered on behalf of the owner of the stock (being a bona fide farmer) by the licensee of the premises, with the intention that, except as provided in section 10(2) of this Act, the meat derived therefrom will not be sold:
“Deer slaughtering premises” means premises used or intended to be used for slaughtering any farmed deer:
“Defect”, in relation to any animal or product, means any defect, disease, inferiority, or other condition which in the opinion of an Inspector renders any such animal or product unfit to be used for human consumption; and “defective” has a corresponding meaning:
“Director” means the Director of the Meat Division of the Ministry of Agriculture and Fisheries appointed under section 3 of this Act:
“Director-General” means the Director-General of Agriculture and Fisheries:
“Disease” includes any such disease as may be prescribed:
“Dress” means,—
(a)
In relation to slaughtered animals (other than pigs, sheep, goats, poultry, fish, or rabbit), the removal of the head, hide or skin, viscera, genital organs, urinary bladder, the feet up to the carpal and tarsal joints, and the udders of lactating animals or animals that have calved or are in advanced pregnancy; and
(b)
In relation to slaughtered pigs, the removal of hair and bristles or skin, the claws, eyelids, viscera, genital organs, urinary bladder, the udders of lactating animals or animals that have farrowed or are in advanced pregnancy, and the external acoustic duct, unless, in respect of that part, an approved alternative method of cleaning is used; and
(c)
In relation to slaughtered sheep, lambs, goats, kids, and rabbits the removal of the head (except in the case of young lambs and young kids), the pelt or skin (including that of the head), the viscera, genital organs, urinary bladder, the feet up to the carpal and tarsal joints, and the udders of lactating animals or animals that have given birth or are in advanced pregnancy; and
(d)
In relation to cattle, pigs, and solipeds, dividing the carcass lengthwise on the median line where necessary,—
and “dressed”
and “dressing”
have corresponding meanings:
“Export slaughterhouse” means any premises (other than a licensed abattoir, custom-killing premises, or a rural slaughterhouse) that are used for the slaughter of stock from which any product is derived for sale for export:
“Farmed deer” means deer kept in captivity pursuant to a permit, licence, or other authority issued or given under the Wild Animal Control Act 1977:
“Fish” means all species of fish including Crustacea, shellfish, and echinoderms:
“Fish depot” means premises used or intended to be used as a depot for holding—
(a)
Chilled or frozen fish before its delivery to a fish packing house:
(b)
Ice and bait before its delivery to a fishing boat:
“Fish packing house” means any premises used for the processing, handling, holding, or storage of fish for export for human consumption:
“Fish product” means any article used or intended for use as human food which, when reduced to a dehydrated state, contains by weight 5 percent or more of fish:
“Game” means—
(a)
Any deer (except farmed deer), chamois, thar, or hare:
(b)
Any pig or goat which is not being herded, mustered, or handled in the manner of a farm animal or kept within an effective fence or enclosure for farming purposes or, in the case of goats, used for the control of noxious plants:
(c)
Any other animal which the Governor-General, by Order in Council, may declare to be game for the purposes of this Act—
and includes every part of any killed game, and any antler harvested from any live farmed deer, which is, or may be rendered, fit for human consumption:
“Game meat” means any product derived from slaughtered farmed deer, whether derived from the carcass or offal or any other part:
“Game packing house” means premises used or intended to be used for the processing or packing of game or game meat or any product derived therefrom for sale for human consumption:
“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:
“Inspected meat” means meat derived from stock slaughtered in an abattoir or in an export slaughterhouse, being meat which has been inspected and passed as fit for human consumption:
“Inspector” means an Inspector appointed for the purposes of this Act; and includes the Director:
“Killed game” means game hunted and killed in the wild; but does not include farmed deer slaughtered in deer slaughtering premises:
“Licence” means a licence granted under this Act in respect of any premises required to be licensed:
“Local authority” means a territorial authority within the meaning of the Local Government Act 1974:
“Meat” means—
(a)
The edible part of the muscle of any slaughtered stock which muscle is skeletal or found in the tongue or diaphragm, with or without the accompanying and overlying fat and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing; but does not include the muscle found in the lips, snout, or ears; and
(b)
Any edible offal taken from slaughtered stock:
“Meat Producers Board” means the New Zealand Meat Producers Board established under the Meat Export Control Act 1921–22:
“Minister” means the Minister of Agriculture:
“Ministry” means the Ministry of Agriculture and Fisheries:
“Offal” means any part of any slaughtered stock or farmed deer that is removed when dressing those animals; and includes viscera (being those organs of the thoracic and abdominal cavities), kidneys, the brain, tongue, and thymus:
“Packing”, in relation to any product, means the packaging or enclosing thereof in any box, bag, barrel, carton, drum, wrapper, or other receptacle; and includes canning:
“Packing house” means any premises that are for the time being licensed for the processing or packing of products intended for export; and includes all appurtenances thereto:
“Poultry” means domestic fowls, ducks, geese, turkeys, pigeons, and pheasants; and includes the carcass and every edible part of any slaughtered poultry; and also includes any bird which the Governor-General may, by Order in Council, declare to be poultry for the purposes of this Act:
“Poultry processing house” means any premises used for the slaughter, processing, or packing of poultry or poultry products for sale for human consumption; but does not include any premises where the poultry has been reared, slaughtered, and processed or packed by the occupier on his own behalf and is sold on his own behalf from those premises:
“Premises” means any land or buildings; and includes any ship, aircraft, or hovercraft, or any vehicle or conveyance of any kind whatsoever:
“Processing” includes cutting and the use of all methods of manufacture and preservation:
“Product” means any article intended for sale, being an article used or capable of being used for human consumption and derived in whole or in substantial or known quantities from stock, game, farmed deer, poultry, or rabbits; and includes any fish product:
“Rabbit” means any rabbit kept in captivity pursuant to the Agricultural Pests Destruction Act 1967:
“Rural meat area” means a rural meat area declared as such by the Meat Industry Authority under the Meat Act 1964, being the only area in which uninspected meat derived from stock slaughtered in a rural slaughterhouse licensed in relation to that area may be sold:
“Rural slaughterhouse” means a slaughterhouse that is, as at the commencement of this Act, licensed under the Meat Act 1964 as a rural slaughterhouse:
“Sale” includes every method of disposition for valuable consideration including barter; and includes the disposition to an agent for sale on consignment; and also includes offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and “sell”
and “sold”
have corresponding meanings:
“Slaughter”, in relation to any animal, means causing the death of the animal in such manner as may be prescribed:
“Slaughterhouse” means, as the case may require, an abattoir, an export slaughterhouse, a rural slaughterhouse, or custom-killing premises; and includes all appurtenances thereto:
“Stock” includes—
(a)
Cattle, sheep, and horses:
(b)
Pigs and goats which are being herded, mustered, or handled in the manner of farm animals or are kept within an effective fence or enclosure for farming purposes or, in the case of goats, used for the control of noxious plants:
(c)
Any other animal which the Governor-General, by Order in Council, may declare to be stock for the purposes of this Act.
(2)
Any Order in Council made under subsection (1) of this section for the purpose of extending the definition of the terms “game”
, “poultry”
, or “stock”
may, at any time, in like manner be amended or revoked.
(3)
Notwithstanding the definition of the term “rural meat area”
in subsection (1) of this section, the Director-General may, after making such inquiries and investigations as he thinks fit into the availability of supplies of inspected meat within the whole or any part of a rural meat area, by notice in the Gazette declare such area as may be specified in the notice to no longer form part of the rural meat area, and the Director-General, in like manner, shall declare any rural meat area to be no longer designated as such if the licence of the rural slaughterhouse supplying that area is cancelled or surrendered.
Compare: 1964, No. 71, s. 2; 1968, No. 38, ss. 2, 8(6)(a); 1972, No. 37, s. 2; 1972, No. 3, s. 3(6)(a), (c); 1975, No. 10, s. 2; 1976, No. 22, ss. 2, 14(1), 35(1); 1979, No. 56, s. 2; 1979, No. 59, s. 8(3)
Part I Inspectors and Other Officers
3 Director of Meat Division
(1)
There shall from time to time be appointed under the State Services Act 1962 an officer of the Ministry of Agriculture and Fisheries, to be known as the Director of the Meat Division of the Ministry of Agriculture and Fisheries, who shall be registered as a veterinary surgeon under the Veterinary Surgeons Act 1956.
(2)
The Director of the Meat Division, under the control of the Director-General, shall be responsible for the general control and supervision of Inspectors and shall perform such general official duties as he is called upon to perform by the Director-General.
(3)
The person holding office at the commencement of this Act as Director of the Meat Division of the Ministry of Agriculture and Fisheries shall be deemed to have been appointed as such under this section.
Compare: 1964, No. 71, s. 3(1)–(3); 1972, No. 3, s. 3(6)(b)
4 Inspectors and other officers may be appointed
(1)
There may from time to time be appointed under the State Services Act 1962 such Inspectors and other officers as may be required for the purposes of this Act.
(2)
The Minister may from time to time appoint any person, not being employed in the State services, as an Inspector in a part-time capacity for the purposes of this Act, and may also prescribe the powers and functions of any person so appointed.
(3)
No person, by reason only of his appointment under subsection (2) of this section, shall be deemed to be employed in the State services for the purposes of the State Services Act 1962 or in the Government service for the purposes of the Government Superannuation Fund Act 1956.
Compare: 1964, No. 71, s. 3(4), (5)
5 Qualifications of Inspectors
No person shall be appointed as an Inspector under this Act unless that person—
(a)
Is registered as a veterinary surgeon under the Veterinary Surgeons Act 1956; or
(b)
Has passed the prescribed examination and has obtained a certificate from the prescribed authority that he is competent to perform the duties of an Inspector; or
(c)
Has such other qualifications or relevant experience that, in the opinion of the Director-General, he is competent to perform such duties of an Inspector as may be specified by the Director.
Compare: 1964, No. 71, s. 4
6 General powers of Inspectors
(1)
In addition to any other powers or functions that may be conferred on Inspectors by or under this Act, every Inspector shall, for the purposes of his duties, have power to enter at any reasonable time on—
(a)
Any licensed premises:
(b)
Any premises in which any animals or products or byproducts derived therefrom intended for sale are held, stored, processed, or packed,—
and there inspect the premises or any animal or product or byproduct found therein.
(2)
Subsection (1) of this section shall authorise an Inspector to inspect the products only in any premises or part of any premises used solely for the wholesale or retail sale in New Zealand of any products.
(3)
No Inspector shall enter into any dwellinghouse pursuant to this section unless he is authorised in that behalf by a warrant under the hand of a District Court Judge, who shall not grant such a warrant unless he is satisfied that the Inspector has reasonable grounds for requiring entry into the dwellinghouse.
(4)
Every Inspector shall, in accordance with regulations made under this Act, have power to require the destruction or disposition of any animal or product or byproduct which, after inspection by the Inspector, is in his opinion diseased or defective.
(5)
Every Inspector shall, for the purpose of carrying out his functions under or pursuant to this Act, have power to take (without fee) sufficient samples for inspection, testing, or analysis of any product or byproduct or any material with which the product or byproduct may have been in contact, and to remove and hold the product or byproduct from which the sample was taken.
Compare: 1964, No. 71, s. 5; 1968, No. 38, s. 3
7 Inspector may prohibit use of insanitary premises
(1)
If an Inspector is of opinion that any premises are, by reason of their insanitary condition or for any other reason, unsuitable for the collection, holding, slaughtering, storage, or carriage of any animal or product derived therefrom, or for the processing or packing of any such animal or product, he may, by writing addressed to the occupier of the premises or to the person for the time being in charge or appearing to be in charge thereof, order the removal of any animal or product, and may prohibit the use of the premises for any of the aforesaid purposes, either absolutely or until the defective condition has been remedied to his satisfaction.
(2)
Any order or prohibition under this section may be expressed to take effect as from a date to be specified by the Inspector.
(3)
Any person who fails to comply with any order given by an Inspector under this section commits an offence against this Act.
Compare: 1964, No. 71, s. 74
8 Examining officers
(1)
The Director-General may from time to time designate any officer (not being an Inspector) of the Ministry of Agriculture and Fisheries to be an examining officer.
(2)
Every examining officer shall, for the purposes of his duties, have power to enter at any reasonable time on premises (not being a dwellinghouse) on which any product intended for export is held or stored, and there examine the premises or any containers used or intended to be used in holding or storing or exporting the products, and the products so held or stored.
(3)
After any such examination, the examining officer shall also have power, if he considers that the premises or the containers may be unhygienic or otherwise unsuitable for the purpose for which they are or are intended to be used, or that the products have suffered a diminution of quality since being held or stored or appear to be unfit for export, to direct that the containers and the products be held on the premises or, if the premises are not licensed under this Act, on the premises or on other premises licensed under this Act, until they have been re-examined and inspected by an Inspector.
(4)
Every examining officer shall, forthwith after giving a direction under subsection (3) of this section, take steps to ensure that the containers or products held pursuant to the directive are, as soon as practicable, re-examined and inspected by an Inspector.
Compare: 1964, No. 71, s. 3a; 1976, No. 22, s. 58
Part II Sale of Meat and Other Products for Human Consumption
9 Sale of meat for human consumption
(1)
Subject to this Act, no person shall sell, expose for sale, advertise, or have in his possession for the purpose of sale, any meat derived from any stock slaughtered elsewhere than in a licensed abattoir or export slaughterhouse if the meat is intended for human consumption; but meat derived from stock slaughtered in a licensed export slaughterhouse may be sold on the domestic market as well as the export market.
(2)
Where any meat is found on premises used by any person for the sale of meat or for the storage of meat intended for sale it shall, for the purposes of this section, be deemed to be in the possession of that person for sale for human consumption until the contrary is proved.
(3)
No person carrying on business as a purveyor of meat in any rural meat area shall deliver or cause to be delivered outside that area any meat derived from stock slaughtered elsewhere than in a licensed abattoir or export slaughterhouse if the meat is intended for human consumption.
(4)
Where any person is charged with an offence against this section, the burden of proving that the meat to which the proceedings relate was derived from stock slaughtered in a licensed abattoir or export slaughterhouse, or, as the case may require, that the meat was not intended for human consumption, shall be on the defendant.
(5)
For the purposes of this section, meat shall be deemed to be sold if it forms part of a meal for which payment is made or which is supplied to any person (whether in accordance with the terms of a contract of service or otherwise) who is employed by the person by whom the meal is supplied.
Compare: 1964, No. 71, ss. 22, 22a(4), 46; 1968, No. 38, s. 5; 1976, No. 22, s. 19
10 Sale of uninspected meat
(1)
Notwithstanding section 9(1) of this Act, it shall be lawful for stock—
(a)
To be slaughtered and dressed in licensed custom-killing premises:
(b)
To be slaughtered by or on behalf of any person on premises in his own occupation if that person is the owner of the stock and the meat derived therefrom is not sold or intended for sale:
(c)
Subject to section 41 of this Act, to be slaughtered and dressed in a rural slaughterhouse.
(2)
Notwithstanding anything to the contrary in this Act, it shall be lawful for meat derived from stock slaughtered by or on behalf of a bona fide farmer, on a farm owned or occupied by that farmer or in licensed custom-killing premises, to be sold by that farmer to any person employed by him in connection with the farming business on that farm or on any other farm owned or occupied by him.
(3)
If, on the slaughter of any stock in accordance with this section, the stock is found to have any defect or disease, it shall be the duty of the occupier to cause the carcass to be burnt or buried, or to be removed to a byproducts works, manure works, or other place approved for the purpose by an Inspector, there to be so treated that no part of the carcass can be used for human consumption.
Compare: 1964, No. 71, ss. 46(2a), 47; 1976, No. 22, s. 35(5)
11 Conditions in respect of export of meat
(1)
Subject to this section, no meat shall be exported from New Zealand unless—
(a)
It is derived from stock slaughtered in an export slaughterhouse:
(b)
It has been inspected by an Inspector and has been passed by him as being free from disease or defect and as suitable for export, and is branded in an approved manner:
(c)
It has been properly preserved by freezing, chilling, salting, canning, drying, dehydrating, or other approved method:
(d)
It is properly packed and is in good order and condition at the time when it is placed on board ship or aircraft for export:
(e)
It has at all times before export been kept or stored in premises licensed under this Act as an export store:
(f)
The exporter is the holder of a meat exporter’s licence granted pursuant to the Meat Export Control Act 1921–22:
(g)
Any requirements imposed in respect of the entry of the meat into the country to which it is proposed to export it, or in respect of its sale for human consumption therein, have, so far as they can be complied with in New Zealand, been complied with:
(h)
There is in force in respect of the meat an export certificate on a form provided by the Director-General for the purpose, certified by an Inspector who is a veterinary surgeon registered under the Veterinary Surgeons Act 1956.
(2)
If any person exports or does any act with intent to export any meat contrary to the provisions of this section, he commits an offence against this Act.
Compare: 1964, No. 71, s. 62(1), (4); 1976, No. 22, s. 46(b)
12 Diseased or defective product not to be sold
(1)
No person shall sell or offer for sale for human consumption or have in his possession for sale for human consumption, any product which to his knowledge is diseased or defective, whether or not an Inspector has declared the products to be diseased or defective.
(2)
For the purposes of this section, any product shall, until the contrary is proved, be deemed to be in possession for sale for human consumption if it is kept on premises used for the sale of such products for human consumption or for the storage of such products intended for sale for human consumption, and any such product that is sold shall be deemed to be sold for human consumption until the contrary is proved.
Compare: 1964, No. 71, s. 69
13 Sale of game or game meat
(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 meat or product derived therefrom which has not been derived from a licensed game packing house or, in the case of farmed deer only, licensed deer slaughtering premises.
(2)
Where any game, game meat, or product derived therefrom is found on any premises used by any person for the sale of game, game meat, or product derived therefrom, or for the holding or storage of game, game meat, or product derived therefrom intended for sale, it shall, for the purposes of this section, be presumed to be in the possession of that person until the contrary is proved.
(3)
Where any person is charged with an offence against this section, the burden of proving that the game, game meat, or product derived therefrom to which the proceedings relate was derived from a licensed game packing house or licensed deer slaughtering premises 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 processed or packed 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:
(c)
The sale of any antler harvested from live farmed deer for the purpose of it being processed or packed in a game packing house.
Compare: 1964, No. 71, s. 60c; 1975, No. 10, s. 3
14 Game and game meat exporters to be licensed
Nogame, game meat, or product derived therefrom processed or packed in New Zealand shall be exported from New Zealand except under the authority of a game exporter’s licence granted in accordance with regulations made under this Act.
Compare: 1964, No. 71, s. 60b; 1975, No. 10, s. 3
Part III Licensed Premises
Premises Required to be Licensed
15 Abattoirs to be licensed
(1)
No person shall use any premises as an abattoir unless he is the holder of an abattoir licence issued in respect of the premises.
(2)
Any slaughterhouse attached to or forming part of a research station established pursuant to the Ministry of Agriculture and Fisheries Act 1953 may be licensed as an abattoir under this Act.
16 Export slaughterhouses to be licensed
Noperson shall use any premises as an export slaughterhouse unless he is the holder of an export slaughterhouse licence issued in respect of the premises.
Compare: 1964, No. 71, s. 26
17 Custom-killing premises to be licensed
No person shall use any premises as custom-killing premises unless he is the holder of a custom-killing premises licence issued in respect of those premises.
Compare: 1964, No. 71, s. 41a(8); 1976, No. 22, s. 35(2)
18 Premises for slaughtering deer to be licensed
(1)
No premises shall be used for slaughtering any farmed deer intended to be processed or packed into game meat or game meat products for sale for human consumption unless those premises are licensed as deer slaughtering premises.
(2)
Except as provided in section 22(4) of this Act, all processing and packing of game meat and game meat products shall be carried out in a licensed game packing house.
Compare: 1964, No. 71, s. 60a; 1965, No. 10, s. 3
19 Packing houses to be licensed
(1)
This section shall apply to the following premises:
(a)
Any meat packing house, being premises used for the processing or packing of meat for export:
(b)
Any poultry processing house, as from a date specified in that behalf by the Governor-General by Order in Council:
(c)
Any rabbit processing house, being premises where rabbits are slaughtered, processed, or packed for sale for human consumption, from a date specified in that behalf by the Governor-General by Order in Council:
(d)
Subject to regulations made under this Act, any fish packing house:
(e)
Any casings factory, being premises used for the processing or packing of casings for export:
(f)
Any margarine works, being premises where edible margarine is processed or packed:
(g)
Any other premises where products are processed or packed and which have been declared by the Minister, by notice in the Gazette, to be premises to which this section applies.
(2)
No person shall use any premises to which this section applies unless he is the holder of a packing house licence issued in respect of the premises.
(3)
Where the licensee of any export slaughterhouse carries on the processing or packing of meat for export in any part of the premises of the export slaughterhouse, that part of those premises shall be deemed to be a meat packing house, and the holder of the export slaughterhouse licence shall be deemed to be the holder of a meat packing house licence.
Compare: 1964, No. 71, ss. 48, 61a, 71a, 77; 1968, No. 38, s. 12; 1976, No. 22, s. 51; 1979, No. 56, s. 6
20 Certain byproduct premises to be licensed
(1)
This section shall apply to the following premises:
(a)
Any pet food factory, being any premises approved as suitable for the slaughter, processing, or packing of food for dogs or cats:
(b)
Any byproducts works, being premises approved for use for rendering operations (including the killing of live animals to be used in any such rendering operation):
(c)
Any other premises where byproducts are processed or packed and which have been declared by the Minister, by notice in the Gazette, to be premises to which this section applies.
(2)
No person shall use any premises to which this section applies unless he is the holder of a byproduct premises licence issued in respect of the premises.
21 Export stores to be licensed
(1)
No person shall keep or store any products intended for export in any premises unless the premises are licensed as an export store.
(2)
All premises licensed as export slaughterhouses or meat packing houses shall, for the purposes of this section, be deemed to be licensed as export stores.
(3)
Any vehicle or other conveyance or any container used in accordance with regulations under this Act for the transport, holding, or storage of products intended for export shall be deemed to be licensed under this section.
(4)
For the purposes of subsection (1) of this section, all products delivered or transported to such premises shall be deemed to be products intended for export.
Compare: 1965, No. 71, ss. 63, 77(4); 1976, No. 22, ss. 47, 51
22 Game packing houses to be licensed
(1)
Subject to subsection (3) of this section, no person shall use any premises as a game packing house unless he is the holder of a game packing house licence issued in respect of the premises.
(2)
Nothing in subsection (1) of this section shall apply to the processing or packing of any game, game meat, or product derived therefrom in premises where any such game, game meat, or product, whether raw or cooked, is sold for human consumption, if the game, game meat, or product is derived from a licensed game packing house or licensed deer slaughtering premises.
(3)
Notwithstanding subsection (1) of this section, premises licensed pursuant to section 23(2) of this Act may be used for processing and packing game to the extent of chilling and wrapping it and premises licensed pursuant to section 23(1) of this Act may be used likewise and also for freezing game.
(4)
Notwithstanding subsection (1) of this section, licensed deer slaughtering premises may be used for processing or packing game meat for sale for human consumption to the extent that slaughtered farmed deer in carcass, sides, or quartered form may be wrapped, offal and other parts may be packed, and any of them may be chilled or frozen.
Compare: 1964, No. 71, s. 59; 1975, No. 10, s. 3
23 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 processed or packed in a licensed game packing house for sale for human consumption, unless those premises are licensed in accordance with regulations made under this Act as game inspection premises.
(2)
Any premises licensed as a game depot 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 licensed game packing house or game inspection premises.
(3)
Subject to any regulations made under this Act, “premises”
in this section does not include any means of conveyance used for the transport of killed game.
Compare: 1964, No. 71, s. 60; 1975, No. 10, s. 3
24 Fish depots may require to be licensed
(1)
Subject to any regulations made under this Act, no person shall use any premises as a fish depot unless he is the holder of a fish depot licence issued in respect of those premises.
(2)
Subject to any regulations made under this Act, “premises”
in this section does not include any means of conveyance used for the transport of fish.
Licensing Provisions
25 Premises proposed as licensed premises
(1)
Subject to any regulations made under this Act, where any person proposes to erect any premises, or to reconstruct or adapt any existing premises, with the intention that they be used as premises for which a licence is required under this Act, he shall, before the work is commenced, submit to the Director-General, in a form approved by him, the plans (including a site plan) and specifications thereof and its equipment for his approval, and shall at the same time give to the local authority of the district in which the premises are situated or are intended to be situated, written notice that the plans and specifications have been submitted to the Director-General in accordance with this section.
(2)
The Director-General shall undertake to grant a licence in respect of the premises if the plans and specifications submitted to him are approved by him and the premises are completed to his satisfaction, the provisions of this Act have been complied with, and the licence is duly applied for within 12 months after the date of undertaking, or within such extended time as he may allow.
Compare: 1964, No. 71, ss. 10, 28, 41a, 49, 61c; 1968, No. 38, s. 12; 1976, No. 22, ss. 9, 23, 35(2), 39(1)
26 Application for and grant of licence
(1)
Every application for a licence under this Act shall be on a form provided by the Director-General for the purpose and addressed to the Director-General accompanied by an adequate plan and description of the premises to which the application relates and the prescribed fee (if any).
(2)
On receipt of an application for a licence under this section, the Director-General shall consider the application, and shall, after such inquiry and investigation as he thinks necessary, grant the licence if he is satisfied—
(a)
That the requirements of this Act in relation to the application have been complied with; and
(b)
That the local authority concerned confirms that the premises comply with any relevant by-laws or planning scheme, and that the situation of the premises is not objectionable and that satisfactory provision is made in respect of drainage and sanitation and the disposal of refuse, effluent, and trade wastes; and
(c)
That the construction of the premises, its equipment, and accommodation available for animals are satisfactory and are completed to his satisfaction.
(3)
Every such licence shall be on a form provided by the Director-General for the purpose and shall continue in force until cancelled or surrendered.
(4)
Every such licence shall have endorsed on it such number or other means of identification as the Director-General thinks fit, being a number or other means of identification that will relate to the premises in respect of which it was issued and any product of those premises.
(5)
Every such licence shall specify on its face the nature of the licence and the kind of premises to which it relates, and shall be subject to such conditions and directions as may be prescribed by regulations or directive made under this Act, or as the Director-General from time to time and at any time may give or impose.
Compare: 1964, No. 71, ss. 16, 29, 30, 41a, 52, 53, 61e, 61f; 1968, No. 38, s. 12; 1976, No. 22, s. 14(1), 24, 25, 41, 42
27 Alteration of licensed premises
(1)
No licensee of any premises licensed under this Act shall make or begin to make, or cause or permit to be made, any addition to or structural alteration of the premises in respect of which the licence was issued, except in accordance with plans and specifications approved by the Director-General.
(2)
No licensee of any premises licensed under this Act shall make any addition to or alteration of its plant, fittings, or equipment whereby, in the opinion of the Director-General, the hygienic conditions of the premises or the facilities for inspection therein may be affected, without the prior approval of the Director-General.
(3)
Every licensee to whom this section applies commits an offence who contravenes or fails to comply with the provisions of this section.
Compare: 1964, No. 71, ss. 37(2), 55, 61(h)
28 Change in licensee
(1)
Any person purchasing or otherwise acquiring or taking over any premises licensed under this Act shall apply for a new licence in respect of those premises.
(2)
The Director-General, after such inquiry and investigation as he thinks necessary and notwithstanding section 26 of this Act, shall issue the new licence to the applicant if—
(a)
He is satisfied that the original licence has not been cancelled or suspended; and
(b)
The prescribed fee (if any) has been paid; and
(c)
The original licence is surrendered to him; and
(d)
The provisions of this Act and any regulations made under it in respect of a change in licensee have been complied with.
(3)
Except to the extent that any condition is amended or revoked by the Director-General before issuing a licence under subsection (2) of this section, every licence so issued shall be subject to all conditions applying in respect of the licence surrendered under paragraph (c) of the said subsection at the time of the surrender.
29 Cancellation and suspension of licences
(1)
The Director-General shall cancel any licence under this Act on all or any of the following grounds:
(a)
That, in the opinion of the Director-General, the premises to which the licence relates or its equipment have ceased to be suitable for the purposes for which the licence was granted:
(b)
That, in respect of the licensed premises, the licensee has refused to comply with any directions given or conditions imposed in accordance with this Act:
(c)
On the direction of the convicting Court under section 48(c) of this Act.
(2)
The Director-General shall suspend any licence on the direction of the convicting Court under section 48(c) of this Act.
Compare: 1964, No. 71, ss. 17, 40(5)
Provisions Relating to Specified Licensed Premises
30 Establishment and maintenance of abattoirs and export slaughterhouses by local authorities
(1)
Any local authority may, by special order but not otherwise, resolve to establish and maintain an abattoir or export slaughterhouse, and may establish and maintain an abattoir or export slaughterhouse in accordance with any such special order accordingly.
(2)
An abattoir or export slaughterhouse may be established by a local authority only in its own district or in the district of another local authority with the consent of that other local authority.
(3)
Any 2 or more local authorities may combine, subject to such terms and conditions as may be mutually agreed upon, to establish a common abattoir, or export slaughterhouse and any local authority that has established an abattoir or export slaughterhouse may enter into an agreement with any other local authority to make the abattoir or export slaughterhouse available as a common abattoir or export slaughterhouse, and the local authorities concerned shall agree on one of them being the controlling authority for the common abattoir or export slaughterhouse.
(4)
Any local authority that is empowered by this Act to establish an abattoir or export slaughterhouse may from time to time borrow money for the purpose of establishing, reconstructing, or extending the abattoir or export slaughterhouse by way of special loan under the Local Authorities Loans Act 1956, by special order.
(5)
For the purposes of subsection (4) of this section the terms “reconstruction”
and “extending”
, in relation to an abattoir or export slaughterhouse, include the replacing of an abattoir or export slaughterhouse that has been destroyed or become obsolete, the acquisition of any land or the erection of any building for the purposes of the abattoir or export slaughterhouse, and the equipment or re-equipment of the abattoir or export slaughterhouse.
Compare: 1964, No. 71, ss. 8, 11, 12, 13; 1976, No. 22, ss. 7, 11
31 Subsidiary undertakings in connection with abattoir
Any person (including a local authority) that has established an abattoir may, with the approval of the Director-General, establish and carryon byproduct works in connection with the abattoir, and every such byproduct works shall be deemed to be licensed under this Act.
Compare: 1964, No. 71, s. 9; 1976, No. 22, s. 7(a)
32 Restrictions on meat used in meat packing houses
No person shall bring on to any premises licensed as a meat packing house, or allow to remain on those premises, or process or pack on those premises, any meat derived from stock slaughtered elsewhere than at an export slaughterhouse.
Compare: 1976, No. 22, s. 42(1)
33 Hygienic condition of licensed premises
(1)
It shall be the duty of the licensee of licensed premises to maintain and operate those premises in a hygienic condition to the satisfaction of an Inspector, and if the licensee fails at any time to do so, he commits an offence against this Act.
(2)
For the purpose of maintaining hygienic conditions in any licensed custom-killing premises, the Director-General may, by notice given to the licensee, fix with respect to any period or periods specified in the notice the maximum number of head of stock that may be slaughtered in the custom-killing premises during any such period.
Compare: 1964, No. 71, ss. 41a(4), 43(1)
34 Unlawful to slaughter animals other than stock in slaughterhouse
(1)
It shall be unlawful to slaughter or to process or pack any products derived from any animals other than stock in any part of a licensed slaughterhouse.
(2)
Notwithstanding subsection (1) of this section, except as otherwise provided by regulations made under this Act, it shall be lawful to store in any appropriate part of a slaughterhouse any products or byproducts which have been packed and are frozen.
Compare: 1964, No. 71, s. 43(2), (3)
35 Branding of carcasses
(1)
Before the carcass of any stock or farmed deer that has been slaughtered in licensed premises is removed, it shall be branded in an approved manner with a brand approved by the Director-General in respect of the premises, and if any carcass is removed in breach of this section, the licensee of the premises commits an offence against this Act unless he proves to the satisfaction of the Court that the carcass was removed without his knowledge, consent, or connivance.
(2)
Any person who, without lawful excuse, removes any carcass which has not been branded in accordance with this section from any licensed premises commits an offence against this Act.
Compare: 1964, No. 71, s. 45; 1976, No. 22, s. 35(3)
36 Branding of products
(1)
Subject to any regulations made under this Act, before any product is removed from any licensed premises in which it has been processed or packed, it shall be branded in an approved manner and also marked with the means of identification allocated to the premises under section 26(4) of this Act, and if any product is removed in breach of this section, the licensee of premises commits an offence against this Act unless he proves to the satisfaction of the Court that the product was removed without his knowledge, consent, or connivance.
(2)
Any person who, without lawful excuse, removes any product which has not been branded in accordance with this section from any licensed premises commits an offence against this Act.
37 Obligation of licensee to accept certain stock or farmed deer for slaughter
(1)
Subject to subsection (4) of this section, it shall be a condition of every export slaughterhouse licence issued, that the licensee, at all times while the slaughterhouse is open for the slaughter of stock intended for export, shall receive for slaughter in that export slaughterhouse all such stock as, being intended for export, is offered by or on behalf of an owner or owners, who, being engaged in the business of producing stock for export, have raised or fattened the stock, or by or on behalf of any body of persons, whether corporate or unincorporate, of which the members are such owners.
(2)
The Minister may, in his discretion and after consultation with the Meat Producers Board and having regard to any commitments of the licensee with respect to the slaughter of stock offered, by notice under his hand and addressed to the licensee of any export slaughterhouse, direct such licensee to receive for slaughter such stock as the Minister may from time to time determine, being stock intended for export and offered by or on behalf of the owner or owners of the stock, not being an owner or owners to which subsection (1) of this section applies.
(3)
All stock offered pursuant to subsection (1) or subsection (2) of this section shall be received, slaughtered, and handled in accordance with such conditions as the Minister may from time to time impose, and the meat (excluding the edible offal) derived from the stock (if the owner so requires) exported on behalf of the owner by the holder of a meat exporter’s licence. For the purpose of this subsection, “owner”
includes any body of persons on whose behalf any stock may be offered under subsection (1) or subsection (2) of this section.
(4)
Any owner offering stock pursuant to subsection (1) or subsection (2) of this section shall produce to the licensee of the export slaughterhouse evidence that the owner has made arrangements with the holder of a meat exporter’s licence for the export of the meat (excluding the edible offal) derived from such stock.
(5)
In this section, the term “meat exporter’s licence”
means a meat exporter’s licence granted pursuant to the Meat Export Control Act 1921–22.
(6)
This section shall, so far as it is applicable and with any necessary modification, apply to farmed deer as if—
(a)
The references to export slaughterhouses, stock, and meat were references to deer slaughtering premises, farmed deer, and game meat respectively; and
(b)
The reference to the Meat Producers Board were a reference to the board or organisation (if any) recognised by the Minister as representing the producers of game meat; and
(c)
The reference to a meat exporter’s licence were a reference to a game exporter’s licence under section 14 of this Act.
Compare: 1964, No. 71, s. 34; 1976, No. 22, s. 28; 1980, No. 75, s. 5
38 Pooling of hides, wool, or pelts
(1)
Subject to this section, the licensee of any export slaughterhouse shall, if required to do so by the Minister by notice in writing provide, in accordance with the terms of the notice, for the collection in a common pool of hides, or in a common pool of wool and pelts, derived from stock received for slaughter in the slaughterhouse on behalf of owners to whom section 37(1) of this Act applies and slaughtered and handled in the export slaughterhouse under that section, and for the sale of any such hides, wool, or pelts.
(2)
Any requirement under this section shall be made only after the Minister has considered any representations by the licensee.
(3)
Where any pool has been established under subsection (1) of this section, no owner of stock slaughtered in the export slaughterhouse shall be obliged to take part in the pool; but where any owner (other than a body of persons, whether corporate or unincorporate, of which the members are owners to whom section 37(1) of this Act applies) does not take part in the pool, he shall not dispose of any hides, wool, or pelts derived from any such stock otherwise than to the licensee of the export slaughterhouse.
(4)
This section shall, so far as it is applicable and with any necessary modification, apply to farmed deer as if the references to export slaughterhouses and stock were references to deer slaughtering premises and farmed deer respectively.
Compare: 1964, No. 71, s. 35; 1976, No. 22, s. 29
39 Dispute in respect of stock or farmed deer supplied to packing house
(1)
In the event of a dispute between—
(a)
The licensee of a meat packing house and the licensee of an export slaughterhouse; or
(b)
The licensee of a game packing house and the licensee of deer slaughtering premises—
whereby the supply of meat or game meat, as the case may be, for the purposes of the packing house is stopped or is reduced, either party to the dispute may, by notice in writing, refer the matter to the Minister for his determination.
(2)
The party giving notice under subsection (1) of this section shall, at the same time, notify the other party to the dispute that it has been referred to the Minister.
(3)
The Minister shall consider and determine the dispute as soon as practicable, may make, or cause to be made, such inquiry into the matter as he thinks fit, and may accept such evidence of any matter as he thinks sufficient (whether or not that evidence would otherwise be admissible in a Court of law).
(4)
The parties to the dispute may be called to appear before the Minister and be heard either personally or by their solicitors, counsel, or agents.
(5)
The Minister may make such decision in the matter as he thinks proper in the circumstances, and to better secure the implementation of his decision, may impose conditions upon the licences of either or both parties to the dispute.
(6)
Subject to any appeal under section 45 of this Act, every determination of the Minister under this section shall be final and binding on each party to the dispute.
Compare: 1964, No. 71, s. 58; 1976, No. 22, s. 58
Rural Slaughterhouses
40 Rural slaughterhouses
(1)
Every slaughterhouse which, as at the commencement of this Act, is validly licensed as a rural slaughterhouse may remain licensed as such until the licence is cancelled or surrendered but, notwithstanding section 25(1) of this Act, no licence shall be granted under this Act in respect of any premises intended to be used as a rural slaughterhouse.
(2)
The Director-General may cancel any rural slaughterhouse licence if he is satisfied that the rural slaughterhouse or its equipment has been allowed to fall into disrepair or to become insanitary, or that for any reason the slaughterhouse has ceased to be a suitable or adequate place for the slaughter of stock intended to provide meat for human consumption.
(3)
Except with the consent of the Director-General for the purpose of maintaining hygienic conditions or for the purpose of converting the premises to an abattoir which will require to be licensed under this Act, no addition to or structural alteration of any rural slaughterhouse shall be made, nor shall its productive capacity be materially increased.
(4)
The licence of a rural slaughterhouse continued under this section may be transferred from time to time by the Director-General on payment of the prescribed fee (if any).
Compare: 1964, No. 71, s. 40(3), (4); 1980, No. 75, s. 9
41 Effect of rural slaughterhouse licence
(1)
While a licence in respect of a rural slaughterhouse is in force it shall be lawful to slaughter and dress stock therein for human consumption.
(2)
No meat derived from stock slaughtered in a rural slaughterhouse shall be exported from New Zealand or shall be sold or offered for sale elsewhere than in a rural meat area for human consumption or shall be sold for human consumption to a person carrying on business as a purveyor of meat elsewhere than in a rural meat area or shall be transported elsewhere than to the rural meat area in which the meat is sold.
(3)
Where any meat derived from stock that has been slaughtered in a rural slaughterhouse is sold to any person carrying on business as a purveyor of meat elsewhere than in a rural meat area it shall, unless the contrary is proved, be deemed to be sold for human consumption.
Compare: 1964, No. 71, s. 41
General Provisions
42 Register of Meat Industry Licences
(1)
For the purposes of this Act, the Director-General shall cause to be set up and maintained a Register of Meat Industry Licences.
(2)
The Register shall be open to inspection by the public during ordinary office hours on payment of the prescribed fee (if any).
(3)
On payment of the prescribed fee (if any), there shall be sent to any person requesting the same in writing a copy of any specified entry in the Register.
(4)
Wherever a licence is issued, cancelled, or suspended under this Act, an appropriate entry shall be made in the Register, showing—
(a)
In the case of the issue of a licence, the name and address of the licensee, any conditions which may attach to a licence or directions given in respect of it, and the date on which the application was granted:
(b)
In the case of the cancellation of a licence, the date and the grounds on which the cancellation was made.
(5)
There shall also, in respect of any entry, be recorded such other particulars as may from time to time be prescribed by regulations under this Act, and such further conditions, amendments, or directions as may from time to time attach or be given in respect of any licence.
Compare: 1964, No. 71, s. 5n; 1976, No. 22, s. 3
43 Keeping of records
(1)
Thelicensee of every licensed slaughterhouse, deer slaughtering premises, poultry processing house, byproducts premises, or rabbit processing house shall keep at the premises a record book in which shall be entered daily the following particulars relating to all animals slaughtered or, with respect to a byproducts works, killed at the premises during the day:
(a)
The number, species, and sex of the animals:
(b)
The name and address of the owner of the animals, or, if the licensee is the owner, of the person from whom the animals were purchased or obtained, and the date of taking delivery:
(c)
In the case of a rural slaughterhouse or custom-killing premises, the colour of each head of cattle, and every brand, earmark, or other distinguishing mark on each head of cattle or sheep:
(d)
Such other particulars as may be prescribed.
(2)
If the licensee of any premises to which this section applies fails on any day to make in the record book any entry required to be made under this section, or knowingly makes a false entry therein, he commits an offence against this Act.
(3)
The record book shall at all times during working hours be open to inspection by any Inspector or member of the Police.
Compare: 1964, No. 71, ss. 44, 61l; 1968, No. 38, ss. 8(6)(c), 12
Part IV Miscellaneous Provisions
Disposition of Inspection Fees
44 Disposition of inspection fees
(1)
Such proportion of any prescribed fees payable in respect of the inspection of pigs or of meat derived from pigs as the Minister of Finance may from time to time approve shall, pursuant to section 52 of the Public Finance Act 1977, be paid to the Pork Industry Council, and shall be applied by that Council for such purposes in the furtherance of the interests of pig producers in New Zealand as it thinks fit.
(2)
In addition to the power conferred by subsection (1) of this section, such proportion of any prescribed fees payable in respect of the inspection of stock or of meat derived from stock as the Minister may from time to time approve shall, pursuant to section 52 of the Public Finance Act 1977, be paid to Federated Farmers of New Zealand Incorporated for the purpose of assisting that body to defray expenses incurred or to be incurred in carrying on such of the activities of its head office as the Minister from time to time specifies.
(3)
In addition to the powers conferred by subsection (1) and subsection (2) of this section, such proportion of any prescribed fees payable in respect of the inspection of cattle (excluding bobby calves) or meat derived from cattle (excluding bobby calves) as the Minister may from time to time approve shall, pursuant to section 52 of the Public Finance Act 1977, be contributed to such scheme approved by the Minister as may be implemented to assist in disease eradication from cattle.
Compare: 1964, No. 71, ss. 84, 84a, 84b; 1973, No. 72, ss. 2, 3(1); 1976, No. 22, s. 57(1); 1977, No. 65, s. 143
Appeals
45 Certain decisions of Minister may be considered by committee
(1)
If the Minister—
(a)
Has directed the licensee of an export slaughterhouse or deer slaughtering premises to receive certain stock or farmed deer for slaughter under section 37 of this Act; or
(b)
Gives notice to a licensee under section 38 of this Act to provide for the collection in a common pool of certain hides, wool, or pelts; or
(c)
Determines a dispute referred to him under section 39 of this Act,—
the licensee or applicant may, within 21 days after receiving notice of the decision of the Minister, give notice of appeal, in writing and setting out the grounds for appeal, to the Director-General.
(2)
Upon receipt of the notice, the Director-General shall take all steps necessary for the constitution of a committee to hear the appeal consisting of a District Court Judge (who shall be Chairman) and 2 assessors of whom one shall be nominated by the Minister and the other by the licensee; but no officer or employee of the Ministry shall be appointed as an assessor.
(3)
The parties to the appeal shall be entitled to be heard either personally or by their solicitors, counsel, or agents.
(4)
For the purpose of hearing the appeal, the committee shall be deemed to be a Commission under the Commissions of Inquiry Act 1908, and the provisions of that Act shall apply as if the hearing of the appeal were an inquiry under that Act.
(5)
The Chairman of any such Commission may exercise all the powers of the Commission in respect of summoning witnesses, and may do any other act preliminary or incidental to the hearing or consideration of any matter by the Commission.
(6)
After hearing the appeal, the committee may make to the Minister such recommendations in the matter as it thinks proper in the circumstances.
(7)
There shall be paid to assessors appointed under this section fees and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the assessors were members of a statutory Board within the meaning of that Act.
Compare: 1964, No. 71, s. 78; 1976, No. 22, s. 52(1)
Offences and Penalties
46 Obstruction of officers
Every person commits an offence against this Act who obstructs or in any way interferes with or fails to comply with the lawful requirements of any Inspector, member of the Police, or other person in the performance of his duties or the exercise of his powers or functions under this Act or who furnishes under this Act any particulars which, to his knowledge, are false or misleading in any material respect.
Compare: 1964, No. 71, s. 79
47 Offences and penalties
(1)
Every person commits an offence against this Act who—
(a)
Without reasonable excuse, acts in contravention of or fails to comply in any respect with any provision of this Act or any notice, direction, restriction, requirement, or condition given, made or imposed under this Act or any regulations made under it:
(b)
With intent to deceive, makes any false or misleading statement or any material omission in any communication or application or return for the purposes of this Act or of any regulations made under it:
(c)
With intent to deceive, misapplies or falsifies any brand or product description required or authorised to be used under this Act:
(d)
With intent to deceive, misapplies or falsifies any certificate attached to any product, or tampers with any product which is subject to such a certificate.
(2)
Every person who commits an offence against this Act for which no other penalty is prescribed in this Act shall be liable on summary conviction—
(a)
In the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which the offence has continued:
(b)
In the case of a body corporate, to a fine not exceeding $40,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day on which the offence has continued.
(3)
Where in any proceedings for an offence against this Act knowledge on the part of the defendant is an essential element of the offence with which he is charged, that knowledge shall be presumed until the contrary is proved.
(4)
Notwithstanding section 14 of the Summary Proceedings Act 1957, an information in respect of any offence against this Act may be laid at any time within 2 years after the time when the matter of the information arose.
Compare: 1964, No. 71, s. 80; 1976, No. 22, s. 54(1)
48 Proceedings against licensees
Where proceedings for an offence against this Act are taken against the licensee of any premises licensed under this Act, the following provisions shall apply:
(a)
The defendant shall be required to produce his licence at the commencement of the hearing:
(b)
If the defendant is convicted of an offence against this Act, the convicting Court shall cause a record of the conviction to be endorsed on the licence:
(c)
The Court, in addition to imposing any other penalty to which the licensee may be liable, may direct the Director-General to cancel or suspend the licence either immediately or as from a date to be specified in the order of the Court.
Compare: 1964, No. 71, s. 81; 1976, No. 22, ss. 54(3)(j), 55
Regulations
49 Regulations
(1)
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a)
Providing for the licensing of premises subject to this Act; and for the licensing of game exporters:
(b)
Prescribing the conditions to be complied with before the grant of any licence under this Act and the terms and conditions subject to which any such licence shall be held or may be surrendered or cancelled:
(c)
Providing for the registration of marks, stamps, brands, or labels used for the branding or marking of animals, products, byproducts, or any container thereof; and prescribing the design and means of production, use, and control of any such mark, stamp, brand, or label:
(d)
Providing for the inspection of plant, equipment, operations, and buildings of premises subject to this Act, of animals, products, or byproducts, and of conveyances used for the carriage of animals, products, or byproducts:
(e)
Prescribing the powers and functions of Inspectors; and providing for the certification of products intended for export and the conditions under which such certificates may be withdrawn:
(f)
Providing for the withdrawal, in whole or in part, of inspection services provided by the Ministry in any premises licensed under this Act in such circumstances as are specified in the regulations:
(g)
Regulating or prohibiting the administration of drugs or harmful substances to animals before slaughter:
(h)
Regulating or prohibiting the acceptance at slaughterhouses of animals for slaughter which are diseased or defective:
(i)
Providing for the inspection of conveyances, ships, or aircraft carrying or intended to carry products, killed game, or fish; and regulating the conveyance from place to place of products, killed game, or fish:
(j)
Regulating or controlling the processing and packing of products or of byproducts in licensed premises:
(k)
Providing for the licensing of premises intended for the slaughter of animals to provide food for pets or to provide materials for the processing or packing of food specially prepared for pets or intended for the processing or packing of any such food; and prescribing the conditions under which any such animals may be slaughtered or any such food may be processed, packed, labelled, or branded:
(l)
Prescribing requirements for the chilling, freezing, and storage of any product; and providing for the approval of any material used in packing any product:
(m)
Regulating the construction, lighting, ventilation, airtemperature, cleansing, drainage, water supply, maintenance, and good management of premises subject to this Act, and the construction, cleansing, and maintenance of all fixtures, appliances, instruments, utensils, and things connected or used therewith or connected with the management thereof; 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; and the provision of suitable premises and facilities for use by Inspectors in the course of the performance of their functions under this Act:
(n)
Regulating or controlling the application of chemicals or drugs to products, and providing, in respect of products intended for export, power to specify and verify the nature and quality of ingredients used in the formulation of processed products, requiring information to be supplied as to the nature and quantity of such ingredients, and prescribing the information to be shown on labels of such products:
(o)
Prohibiting the use of any injurious or detrimental or deceptive processes in respect of any products:
(p)
Prescribing the mode of dealing with diseased or defective animals, products or byproducts; and regulating or controlling the sale, use, or disposition of diseased or defective products or byproducts:
(q)
Specifying, in relation to any operations carried out in any particular premises, the maximum rate at which, the manner in which, and the hours during which, such operations may be carried out, having regard to the maintenance of proper standards of hygiene in those premises or to the availability of Inspectors to perform their function of inspection at those premises:
(r)
Giving directions to licensees to ensure that, as far as shall be practicable, any product intended for export conforms to the requirements of the country to which it is to be exported, and prohibiting or restricting the export of any such product unless the directions are complied with:
(s)
Providing for the handling and treatment of live animals intended for slaughter for human consumption:
(t)
Regulating methods for the slaughter of animals, and prohibiting methods of slaughter which are not humane:
(u)
Providing for the standards of dressing animals slaughtered in licensed premises:
(v)
Regulating or controlling the processing of byproducts in byproducts premises and the conveyance of animals, offal, and carcasses to and the disposal of waste and effluent from such premises:
(w)
The matters in respect of which fees shall be payable under this Act, the amount of the fees, and the person liable for the payment thereof:
(x)
Prescribing the mode of dealing with products imported into New Zealand, and specifying the premises in which such products may be processed, packed, handled, or stored:
(y)
Requiring returns or information in respect of any premises subject to this Act and any animals, products, or byproducts, and prescribing the persons by whom any such returns or information shall be made or given:
(z)
Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
(2)
Any regulations made under this section may apply generally throughout New Zealand or may be made to apply only within such area or areas as may be specified.
(3)
Any regulations under this Act may be made to apply only to products intended for export or to products intended for consumption in New Zealand and the operation of any such regulations, so far as they are applicable to products intended for consumption in New Zealand, may, if so provided in the regulations, be suspended in whole or in part, in respect of any premises or any class of premises subject to this Act or any animals, products, or byproducts, by the Minister by notice in the Gazette for such period as may be specified.
Compare: 1964, No. 71, ss. 61, 61m, 77, 77a, 83
50 Exemptions from licensing and regulations
(1)
Regulations may be made under section 49 of this Act providing for the exemption from licensing or any particular licensing requirements of such premises as may be specified in the regulations, and may also authorise the Minister, or other authority specified in the regulations, to impose such conditions as the Minister or authority thinks necessary on any such exempted premises.
(2)
Regulations may be made under section 49 of this Act authorising the Director-General to exempt any particular premises or process or any class of premises or process from the requirements of any other regulations (not relating to licensing) under this Act if he is satisfied that, in the circumstances of the case, the requirement is not necessary or is or can be dealt with by means of a directive issued under section 51 of this Act.
51 Regulations may provide for directives
(1)
Regulations under this Act may provide for the promulgation from time to time by the Director of circulars setting out general criteria for the drawing up, accomplishment, demonstration, carrying on, or provision for any act, plan, proposal, matter, system, process, or thing.
(2)
Where, pursuant to regulations made under this Act, any act, plan, proposal, matter, system, process, or thing must be—
(a)
Approved by the Director or an Inspector, it shall be deemed so to have been approved if it is in conformity with general criteria relating to it set out in a circular or circulars promulgated pursuant to subsection (1) of this section and for the time being in force:
(b)
Accomplished, demonstrated, carried on, or provided for to the satisfaction of the Director or an Inspector, it shall be deemed so to have been accomplished, demonstrated, carried on or provided for if it has been accomplished, demonstrated, carried on, or provided for in conformity with general criteria relating to it set out in a circular or circulars promulgated pursuant to the said subsection and for the time being in force:
(c)
Accomplished, demonstrated, carried on, or provided for to an extent that, in the opinion of the Director or an Inspector, meets or tends to meet some particular standard, or achieves or tends to achieve some particular result, it shall be deemed so to have been accomplished, demonstrated, carried on, or provided for if it has been accomplished, demonstrated, carried on, or provided for in conformity with general criteria relating to it set out in a circular or circulars promulgated pursuant to the said subsection and for the time being in force.
(3)
The powers of the Director or an Inspector to approve or be satisfied of, or to take any action (a prerequisite to the taking of which is that he have a particular opinion about), any act, plan, proposal, matter, system, process, or thing shall not be limited or affected by any matter contained in a circular promulgated pursuant to subsection (1) of this section.
Compare: 1952, No. 55, s. 32(4)–(6); 1976, No. 47, s. 5
Miscellaneous Provisions
52 Liability for nuisance not affected
Nothing in this Act or in any licence granted under this Act shall be construed to authorise any person to commit a nuisance or shall affect the liability of any person in respect of a nuisance or the rights or powers of any person to abate a nuisance.
Compare: 1964, No. 71, s. 82
53 Other Acts not affected
(1)
Subject to subsection (2) of this section, nothing in this Act shall be construed to limit the provisions of the Food and Drug Act 1969 or the Health Act 1956.
(2)
Nothing in the Food and Drug Act 1969 shall apply with respect to any product if that product is packed exclusively for export and is not sold in New Zealand except in the course or for the purpose of export.
Compare: 1964, No. 71, s. 85; 1968, No. 38, s. 15
54 Dissolution of Meat Industry Authority
(1)
In this section, the term “Authority”
means the Meat Industry Authority established pursuant to section 5a of the Meat Act 1964.
(2)
The Authority is hereby dissolved.
(3)
The seal of the Authority and its records shall be given to the Director-General for safe keeping.
(4)
Notwithstanding subsection (2) of this section, every application made to the Authority under the Meat Act 1964 before the commencement of this Act for a licence (being an application which, after the commencement of this Act, would require to be considered by the Director-General) that has been wholly or partly heard but has not been determined shall be determined by the Authority as if this Act had not been passed.
(5)
Any application to the Authority to which subsection (4) of this section does not apply shall be deemed to have been made to the Director-General under this Act and shall be dealt with accordingly.
55 Transitional provisions
(1)
Every premises registered, approved, or licensed under the Meat Act 1964 or regulations made under it before the commencement of this Act (being premises which, after the commencement of this Act, would require to be licensed by the Director-General) shall, if the registration or licence is in force immediately before the commencement of this Act, be deemed to be licensed by the Director-General.
(2)
Any undertaking to grant a licence given in respect of any premises under the Meat Act 1964 or regulations made under it and in force as at the commencement of this Act shall be deemed to have originally been given by the Director-General under this Act.
(3)
Every abattoir which, immediately before the commencement of this Act was approved pursuant to section 62(2) of the Meat Act 1964 to slaughter stock to provide meat intended for export, shall be an export slaughterhouse for the purposes of this Act and the licensee, upon application to the Director-General, shall be issued with an export slaughterhouse licence accordingly.
(4)
Every brand, seal, and mark used pursuant to the Meat Act 1964 may be used under this Act and shall be as valid as if approved pursuant to this Act.
(5)
As from the commencement of this Act, no person who is an itinerant slaughterman (that is, a person who for hire or reward slaughters animals elsewhere than in licensed premises) shall be required to hold a licence either under this Act or any Act repealed by this Act.
56 Repeals and revocations
(1)
The enactments specified in the Schedule to this Act are hereby repealed.
(2)
The Meat Order 1969 is hereby revoked.
(3)
The Poultry Processing Houses Licensing Commencement Order 1978 is hereby revoked and deemed never to have been made.
57 Consequential amendments to Meat Export Control Act 1921–22 relating to meat export licences
(1)
The Meat Export Control Act 1921–22 is hereby amended by repealing section 9(2).
(2)
The Meat Export Control Act 1921–22 is hereby further amended by inserting, after section 9, the following sections:
“9a Offence to carry on business of meat exporter without licence
“(1)
Subject to section 9 of this Act, it shall not be lawful for any person to carry on business as a meat exporter except under the authority and in accordance with the terms of a meat exporter’s licence granted under section 9b of this Act.
“(2)
All meat exported or attempted to be exported from New Zealand by any person carrying on business as a meat exporter contrary to the provisions of this Part of this Act shall be forfeited to Her Majesty, and may be sold or otherwise disposed of as the Minister directs.
“9b Meat exporter’s licence
“(1)
Any person desirous of carrying on the business of a meat exporter may apply to the Board for a meat exporter’s licence.
“(2)
Every application for a meat exporter’s licence shall be on a form provided by the Board for the purpose, and shall be accompanied by the prescribed fee (if any).
“(3)
The Board may, after consultation with the New Zealand Meat Exporters Council Incorporated and after considering the matters referred to in section 9c of this Act, grant or refuse any such application as it thinks fit.
“(4)
Every meat exporter’s licence shall be on a form prescribed by the Board for the purpose, and shall continue in force until cancelled or surrendered.
“(5)
Every meat exporter’s licence shall be granted subject to the provisions of the Meat Act 1981 and to any conditions imposed pursuant to section 9d of this Act.
“9c Matters to be considered before granting licence
In considering every application for a meat exporter’s licence made under this Act, the Board shall have regard to—
“(a)
The need for the issuing of a licence:
“(b)
The likelihood of the applicant being able to maintain an efficient export distribution service in the interests of the meat industry:
“(c)
The financial position of the applicant and his standing and repute in the business world:
“(d)
The orderly export marketing of meat.
“9d Conditions of meat exporter’s licence
“(1)
Every meat exporter’s licence issued under section 9b of this Act may, when it is granted or from time to time after consultation with the New Zealand Meat Exporters Council Incorporated, have imposed on it by the Board conditions specifying—
“(a)
The quantities and classes and form of meat that may be exported under the licence:
“(b)
The countries to which such meat may be exported:
“(c)
Any requirements to the effect that the holder of a licence shall make suitable arrangements to enable any other person to export meat from stock raised or fattened by that other person for export:
“(d)
Such other requirements as the Board may think appropriate in any particular case.
“(2)
In imposing conditions under this section, the Board shall have regard to the orderly export marketing of meat.
“(3)
The Board may, from time to time, review any conditions imposed on a meat exporter’s licence and may amend such conditions or impose new conditions upon the licence.
“(4)
The Board may, from time to time, require the holder of a meat exporter’s licence to supply to the Board such information as it thinks necessary regarding the types and quantities of meat exported by the holder to any market and the prices received for that meat.
“9e Cancellation of meat exporter’s licence
“(1)
Every meat exporter’s licence may be cancelled by the Board at any time if the Board, after consultation with the New Zealand Meat Exporters Council Incorporated, is of the opinion, on such evidence as it thinks sufficient, that the licensee has committed a breach of the conditions of his licence or is carrying on business under the licence in a manner contrary to the best interests of the meat exporting industry.
“(2)
The Board may cancel the meat exporter’s licence of any licensee who has not at any time during the immediately preceding 12-month period carried on in New Zealand the business of a meat exporter.
“(3)
The Board may cancel the meat exporter’s licence of any licensee if that licensee does not, without sufficient reason, supply to the Board within the time specified by the Board any information required to be supplied pursuant to section 9d(4) of this Act.”
(3)
Section 28(e)(iii) of the Meat Export Prices Act 1976 is hereby consequentially amended by omitting the words “issued pursuant to the Meat Act 1964”
, and substituting the words “granted by the Meat Board pursuant to the Meat Export Control Act 1921–22”
.
(4)
Every meat exporter’s licence issued pursuant to the Meat Act 1964 and in force immediately before the coming into force of this section shall be deemed to have been granted by the Meat Board pursuant to section 9b of the Meat Export Control Act 1921–22 (as inserted by subsection (1) of this section).
Schedule Enactments Repealed
Section 56
1964, No. 71—The Meat Act 1964. (R.S. Vol. 3, p. 495.)
1966, No. 73—The Meat Amendment Act 1966. (R.S. Vol. 3, p. 586.)
1968, No. 38—The Meat Amendment Act 1968. (R.S. Vol. 3, p. 586.)
1972, No. 37—The Meat Amendment Act 1972. (R.S. Vol. 3, p. 587.)
1973, No. 72—The Meat Amendment Act 1973. (R.S. Vol. 3, p. 588.)
1974, No. 103—The Meat Amendment Act 1974. (R.S. Vol. 3, p. 588.)
1975, No. 10—The Meat Amendment Act 1975. (R.S. Vol. 3, p. 589.)
1975, No. 119—The Meat Amendment Act (No. 2) 1975. (R.S. Vol. 3, p. 591.)
1976, No. 22—The Meat Amendment Act 1976. (R.S. Vol. 3, p. 591.)
1976, No. 100—The Meat Amendment Act (No. 2) 1976. (R.S. Vol. 3, p. 598.)
1977, No. 65—The Public Finance Act 1977: Section 143.
1978, No. 109—The Meat Amendment Act 1978. (R.S. Vol. 3, p. 599.)
1979, No. 56—The Meat Amendment Act 1979.
1979, No. 59—The Local Government Amendment Act 1979: So much of the Third Schedule as relates to the Meat Act 1964.
1980, No. 75—The Meat Amendment Act 1980.
This Act is administered in the Ministry of Agriculture and Fisheries.
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Versions
Meat Act 1981
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