Animal Products Act 1999

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Reprint as at 1 March 2017

Coat of Arms of New Zealand

Animal Products Act 1999

Public Act
 
1999 No 93
Date of assent
 
8 September 1999
Commencement
 
see section 1
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.

Contents

Title
1Short Title and commencement
Part 1
Preliminary provisions
2Object of Act
3General scheme of Act
4Interpretation
5Product processed fit for intended purpose
6References to this Act include references to Animal Products (Ancillary and Transitional Provisions) Act 1999, etc
6ABorder information supplied using JBMS must be supplied in approved form and manner
6BDuty to use JBMS to supply border information
Application of Act generally
7Products and material to which Act generally applies
8Products and material excluded from ambit of Act
9Exemptions from ambit of Act by Order in Council
10Application of Act includes exclusive economic zone
Part 2
Risk management programmes
11Object of this Part
12What is a risk management programme?
13Who must have a risk management programme?
14Director-General may grant limited exemption from requirement to have risk management programme
15Certain persons may be required to have risk management programme by Order in Council
16Duties of operators of risk management programmes
17Contents of and requirements for risk management programmes
17AMulti-business risk management programmes
Registration of risk management programmes
18Register of risk management programmes
19Matters to be shown in register of risk management programmes
20Applications for registration of programmes
21Director-General may require further information
22Registration of risk management programme
23Refusal to register programme
24Registration may not be transferred
25Significant amendments to risk management programme
26Updates of minor amendments to risk management programmes
27Suspension of operations under registered programme
28Deregistration of risk management programme
28ARemoval of animal product business from coverage of wider risk management programme
29Surrender of registration
30Risk management programme in conflict with regulations or specifications
Relationship between Food Act regime and risk management programmes
31Object of sections 32 to 34
32Secondary processors of animal products which are food may elect to operate under risk management programme
33Implications of failure to elect in case of animal product which is food whose export requires an official assurance
34Alternate or intermittent use of risk management programmes and food safety programmes
References to recognised risk management programme verifying agency
35References to recognised risk management programme verifying agency
36Director-General may require notification by recognised agency of termination of contracts [Repealed]
Part 3
Regulated control schemes
37Object of this Part
38Nature of regulated control schemes
39Scope of regulated control schemes
40Director-General may set specifications and other requirements for purposes of regulated control schemes
41Emergency control schemes
Part 4
Animal product standards and specifications
42Object of this Part
43Application of standards and specifications
44Regulations may prescribe animal product standards
45Director-General may issue specifications supplementary to animal product standards
46Emergency animal product standards and specifications
Part 5
Export of animal material and products
47Object of this Part
48Exporters of animal products for human or animal consumption, and certain other animal material and products, must be registered
49Registration of exporters of non-edible, etc, material or products may be required by Order in Council
50Director-General may exempt certain consignments
51Duties of exporters
Registration of exporters
52Director-General to maintain register of exporters
53Matters to be shown in register of exporters
54Applications for registration
55Registration as exporter
56Refusal to register
57Annual registration fee payable
58Deregistration of exporters
59Refusal to register or decision to deregister may be reviewed in certain cases
Export requirements and official assurances
59ADirector-General to notify general requirements for animal product or material for export [Repealed]
60Export requirements
60ADirector-General to notify or make available export requirements
60BExemption from requirements of food standards where appropriate
61Director-General may issue official assurances
61ANo Crown liability
62Form and content of official assurance
63Obtaining of official assurance
64Official assurance may be withdrawn, and reissued
65Persons who may be authorised to issue official assurances
Part 5A
Game estates
65AObject of this Part
65BWhat is a game estate?
65CUse and disposal of animal material and product from game estate animals
65DGame estates that must be listed
65EDirector-General to maintain list of game estates
65FMatters to be shown in list of game estates
65GApplications for listing
65HListing as game estate
65IRefusal to list
65JDelisting
65KReview of decision to refuse to list, or to delist
65LListing fee payable
Part 6
Homekill and recreational catch
66Object of this Part
67Homekill allowed
68Processing of recreational catch
69Homekill and recreational catch service providers
70Limitation on regulated animal product and homekill or recreational catch operations being carried out at same premises or place
71Requirements for dual operator butchers
72Product processed by homekill or recreational catch service provider ceases to be regulated animal product
Listing of homekill and recreational catch service providers
73Director-General to maintain list of homekill and recreational catch service providers
74Matters to be shown in list of homekill and recreational catch service providers
75Applications for listing
76Listing as homekill or recreational catch service provider
77Annual listing fee payable
Part 7
Officers, powers, etc
Appointment of officers
78Appointment of animal product officers
79Appointment of official assessors
Powers of Director-General
80Director-General may issue notices
81Director-General may give directions
81ADirector-General may require declarations as to supply or movement of animals, animal material, or animal products
81BDirector-General may impose movement and related controls
82Power to direct disposal, etc, of animal material or product in certain circumstances
83Director-General may give statements as to New Zealand animal product standard
84Privileged statements by Director-General
85Recall of animal material and animal product
86Delegation by Director-General
Powers of animal product officers
87Power of entry
88Power to examine, etc
89Power to interrupt operations, etc
90Power to condemn and require disposal of animal products that are diseased, contaminated, etc
91Power to require presentation of live animals
91ADisposal of seized animals prior to commencement or determination of proceedings
92Powers under search warrant [Repealed]
Powers of official assessors
93Powers of official assessors
Search warrants
94Issue of search warrant
95Powers of Police and animal product officers under warrant
96Requirements when executing warrant
97Disposal of property seized under search warrant
General provisions
98Protection of persons acting under authority of Act, etc
Part 8
Recognised agencies, persons, and classes of persons
99Outline of this Part
100Interpretation
Recognition of agencies, persons, and classes of persons
101Recognition of agencies
102Recognition of certain agencies without application
103Recognition of persons
104Recognition of certain persons without application
105Recognition of classes of persons
106Interrelationship between sections 101 to 105
Recognition process
107Application for recognition
108Director-General may require further information
109Proposal to refuse application to recognise agency, person, or class of persons
110Proposal to exclude members, or categories of members, from recognition of class
111Director-General may impose or vary conditions of recognition
112Grant of recognition
112AScope, effect, and transfer of recognition
112BDuration of recognition
112CRenewal of recognition before expiry
112DApplication for renewal of recognition
112ESubstituted notice of recognition
112FOngoing recognition fees, charges, or levies
Performance of specified functions and activities
112GDuties of recognised agencies
112HDuties of recognised persons
112IRecognised agency or person may act in other capacities
Suspension of recognition
112JSuspension of recognition of recognised agency, recognised person, or recognised class
112KDirector-General may extend suspension of recognition
112LMethod of suspension of recognition
112MSuspension does not limit other actions
Withdrawal of recognition
112NWithdrawal of recognition of recognised agency or recognised person
112OWithdrawal of recognition of recognised class
112PMethod of withdrawal of recognition
Surrender of recognition
112QSurrender of recognition
112REffective date of surrender of recognition
Public register of recognised agencies, recognised persons, and recognised classes
112SPublic register of recognised agencies, recognised persons, and recognised classes to be kept
112TContents of public register
112UInspection of public register
112VRemoval from public register
Miscellaneous matters
112WNotification to category or class of persons
112XMeans of consultation
112YDirector-General may require notification of termination of contracts
112ZDirector-General must consider exemption, waiver, or refund of fees
Part 9
Cost recovery
113Principles of cost recovery
114Methods of cost recovery
115Cost recovery to relate generally to a financial year
115AApplication of section 115(1) to assurances in respect of export licences issued under Dairy Industry Restructuring Act 2001
116Three-yearly review of cost recovery
117Fees and charges to be prescribed by regulations
118Regulations may impose levies
119Trust accounts required to be kept by persons collecting levies
120Other charges not requiring to be prescribed
121Exemptions, waivers, and refunds
122Fees, levies, and charges to constitute debt due to Director-General
123Penalties for failure to pay fee, levy, or charge
124Obligation to pay fee, levy, or charge not suspended by dispute
125Levy regulations are confirmable instruments
Part 10
Offences, penalties, and proceedings
126Offences involving endangerment of human or animal health
127Offences involving deception
128Sale of non-complying animal material or product
129Presenting non-complying animal material for processing
130Offence to export unless registered
131Offences in relation to homekill and recreational catch
132Breach of compliance order
133Obstruction of officers, etc
134Offence of breach of duty
135Failure to comply with Act, etc
136Defence for persons charged with breach of duty or failure to comply
137Presumptions as to dual operator butchers
138Presumption as to possession for sale, etc
139Proof of compliance with Act
140Evidence in proceedings
141Presumption as to authority
142Liability of body corporate
143Liability of directors and managers of companies
144Liability of companies and persons for actions of agent or employee
145Time limit for filing charging document for offence against section 129 or 135
Compliance orders
146Compliance orders
147Application for compliance order
148Notification of application
149Right to be heard
150Decision on application
151Interim compliance orders
152Change or cancellation of compliance order
153Compliance with compliance order
154Appeals to High Court
155Appeals to Court of Appeal or Supreme Court
156Effect of appeal
157Rules of court
Part 11
Miscellaneous provisions
Identification and related systems
158Identification systems and devices
Recordkeeping requirements and use of information
159Records and returns
160Records to be available for inspection, etc
161Disclosure of information for purpose of ensuring product safety, etc
Right of review
162Right of review of certain decisions made under delegated authority
Consultation, notification, etc
163Consultation requirements for making of certain Orders in Council, specifications, etc
164Notification of certain matters
165Service of individual notices, etc
165ADirections, etc, to non-Ministry persons with functions under Act
Regulations, notices, etc
166Regulations
167Notices
168Incorporation of material by reference into regulations, notices, and orders
Repeals, amendments, and transitional provisions
169Repeals, amendments, and transitional provisions appear in Animal Products (Ancillary and Transitional Provisions) Act 1999
Schedule
[Repealed]
Animal Products Amendment Act 2012
Reprint notes

An Act to replace the Meat Act 1981 and the Dairy Industry Act 1952, and to reform and restate the law relating to the processing of animal material into products for use, trade, and export

Title: amended, on 1 June 2005, by section 3 of the Animal Products Amendment Act 2005 (2005 No 26).