Animal Products Act 1999

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Reprint as at 5 August 2013

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 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

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

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

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 to be confirmed

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

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

[Repealed]

Animal Products Amendment Act 2012

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).