Animal Products Act 1999

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Reprint as at 1 March 2017

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.

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

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