In general terms, this Act—

• (a) repeals the Meat Act 1981, with effect on and from 1 July 2006:

• (b) amends that Act pending its repeal, with the main effect of such amendments being—

  • (i) to phase out the issue of licences under the Meat Act 1981 to persons who have not applied for (or taken specified steps to apply for) such licences before the commencement of Part 2 of the Animal Products Act 1999:

  • (ii) to remove various provisions relating to export certification and to homekill and recreational catch matters, which are now dealt with under Parts 5 and 6 of the Animal Products Act 1999:

  • (iii) to specifically exclude from the inspection costs that may be recovered under Part 3A of the Meat Act 1981 the costs of services provided by persons outside the Ministry:

  • (iv) to allow for a single branding regime under both Acts:

• (c) amends other Acts as a consequence of the enactment of the Animal Products Act 1999 (and in particular restates in Part 5 provisions of the Apiaries Act 1969 that were saved by section 171 of the Biosecurity Act 1993 and section 111 of the Biosecurity Amendment Act 1997):

• (d) provides transitional provisions in relation to the Animal Products Act 1999, in particular,—

  • (i) the provision of a 6-month period of grace for registration as an exporter (with certain persons already deemed to be registered as exporters for that period):

  • (ii) the provision of a 6-month period of grace for listing as a homekill or recreational catch service provider (with certain persons already deemed to be so listed for that period):

  • (iii) provision of a staggered transitional period, ending with 30 June 2006, during which different classes of existing animal product businesses must register risk management programmes (subject to certain exceptions):

  • (iv) provision for a staggered transition to the new cost recovery regime under the Animal Products Act 1999.

Except as otherwise provided by this Act, all the provisions of the Meat Act regime and the Apiaries Act regime (as amended and restated in Parts 4 and 5) continue to apply according to their tenor until 1 July 2006. In general terms, such regimes (or parts of them) cease to apply—

• (a) to operations covered by a registered risk management programme or a regulated control scheme:

• (b) if and to the extent that regulations made under section 166 of the Animal Products Act 1999 or section 25 of this Act specify that the regimes are not to apply, or revoke or repeal any specified provisions.

(1) In this Act, unless the context otherwise requires,—

(2) Terms defined in section 4 of the Animal Products Act 1999 have the meanings given by that section.

(3) References to the commencement or commencement date of the Animal Products Act 1999 are references to the date specified in section 1(2) of that Act for the coming into force of that Act except for Part 2.

(1) The enactments listed in Part 1 of Schedule 1 are repealed with effect on and after 1 July 2006.

(2) The regulations and order specified in Part 2 of Schedule 1 are, to the extent not previously revoked, revoked with effect on and after 1 July 2006.

Pending its repeal by section 5, the Meat Act 1981 is amended in the manner indicated in Part 4.

(1) The Meat (Inspection Seasons) Act 1994 is repealed.

(2) The following regulations, order, and notice are revoked:

• (a) Poultry Processing Regulations 1978 (SR 1978/40):

• (b) Poultry Processing Regulations 1978, Amendment No 1 (SR 1979/76):

• (c) Poultry Processing Regulations 1978, Amendment No 3 (SR 1981/154):

• (d) Meat (Poultry) Order 1987 (SR 1987/348):

• (e) Meat Industry Authority Notice No 35 (Meat Industry Authority 3/8/2) Declaring Meat Areas (Gazette 1981, p 2799).

(1) The Acts specified in Schedule 2 are amended in the manner indicated in that schedule.

(2) The regulations specified in Schedule 3 are amended in the manner indicated in that schedule.

(1) Except as provided in section 12 of this Act in the case of certain fishing vessels, nothing in the Animal Products Act 1999 requires any existing animal product business to operate under a registered risk management programme at any time before—

• (a) 1 July 2003, in the case of operations other than rendering carried out by—

  • (i) the licensed processors listed in Part 1 of Schedule 3A (generally red meat processors); and

  • (ii) the licensed processors listed in Part 2 of Schedule 3A (generally export seafood processors); and

  • (iii) the licensed processors listed in Part 3 of Schedule 3A (generally meat or game packing houses of the type that perform operations extending beyond cutting and boning):

• (b) 1 July 2004, in the case of operations carried out by—

  • (i) all remaining businesses licensed under any of sections 15, 16, 18, 19, and 22 of the Meat Act 1981, other than the licensees specified in Schedule 3B to whom paragraph (a) does not apply; and

  • (ii) all primary processors of ostriches, emus, and possums; and

  • (iii) all renderers licensed under section 20(1)(b) of the Meat Act 1981; and

  • (iv) all poultry meat primary processors; and

  • (v) all egg processors who, as producers, are subject to paying a levy under the Commodity Levies (Eggs) Order 1999 (SR 1999/56):

• (c) 1 July 2005, in the case of operations carried out by—

  • (i) all primary producers of eggs to whom paragraph (b)(v) does not apply; and

  • (ii) all dual operator butchers; and

  • (iia) all renderers to whom paragraph (b)(iii) does not apply; and

  • (iii) all petfood processors (whether or not licensed under section 20(1)(b) of the Meat Act 1981); and

  • (iv) all processors of by-products licensed under section 20(1)(c) of the Meat Act 1981:

• (d) 1 July 2006, in the case of all other existing animal product businesses (including those specified in Schedule 3B) of a kind required to have a risk management programme.

(2) The processors, licensees, and business specified in Schedules 3A and 3B are deemed to include any person who, on or after 30 May 2002, is the heir, successor, or assign of the named processor, licensee, or business.

(3) Despite subsection (1), once an existing business that was subject to the Meat Act regime or the Apiaries Act regime as at the commencement of Part 2 of the Animal Products Act 1999 has had a risk management programme registered under that Part in respect of all or any part of its business operations,—

• (a) Part 2 of the Animal Products Act 1999 and all the other relevant provisions of that Act apply, and continue to apply, in respect of those operations; and

• (b) those operations must continue to be carried out in accordance with Part 2 of the Animal Products Act 1999 and all other relevant requirements of that Act, without the opportunity to revert to being subject to the Meat Act regime or the Apiaries Act regime.

(1) Where an existing animal product business has applied for registration of a risk management programme at least 3 months before the relevant transition date fixed for that business under section 9, the Director-General must take all reasonable steps to ensure that registration of the programme can occur before that transition date, provided the programme was properly submitted in a reasonable form.

(2) Nothing in subsection (1) requires the Director-General to register a risk management programme before the relevant transition date in any case where—

• (a) the risk management programme was not properly submitted in accordance with sections 17 to 20 of the Animal Products Act 1999, or is seriously deficient; or

• (b) any delay in registration of the programme is primarily attributable to any act or omission of the person submitting the programme for registration.

Except in the case of a fishing vessel to which section 12 applies, any business or operations that start as a new animal product business after the commencement of Part 2 of the Animal Products Act 1999 (or the date of commencement of the Animal Products Amendment Act 2005, in the case of a business engaged in dairy processing) are subject to that Part, and must operate under a registered risk management programme in accordance with that Part.

(1) This section applies to animal product operations carried out on foreign-owned New Zealand fishing vessels (as defined in section 2(1) of the Fisheries Act 1983) of a kind that are exempt from licensing under the Fish Export Processing Regulations 1995 by virtue of regulation 21(1) of those regulations.

(2) Nothing in the Animal Products Act 1999 requires any such operations to be carried out under a registered risk management programme at any time before the expiry of the period of 12 months following the commencement of Part 2 of that Act, but, after the expiry of that period, such operations may be carried out only to the extent that—

• (a) the operations are covered by an appropriate risk management programme registered under Part 2 of that Act, or a registered control scheme made under Part 3 of that Act; or

• (b) the operations are specifically exempted (whether individually or as a class) from the requirement to have a risk management programme.

Where any operation of an animal product business subject to the Meat Act regime or the Apiaries Act regime has become subject to a risk management programme registered under Part 2 of the Animal Products Act 1999 or a regulated control scheme made under Part 3 of that Act, or is specifically exempted by or under that Act, whether individually or as a class, from the requirement to be carried out under a registered risk management programme, then—

• (a) nothing in those regimes applies to that operation once the risk management programme is registered or the regulated control scheme or exemption takes effect, except to the extent that—

  • (i) regulations made under section 25 or section 73 specifically apply any requirement of or under the relevant regime to such an operation; or

  • (ii) Part 3A of the Meat Act 1981 continues to apply in respect of cost recovery matters (but subject to section 24 of this Act); and

• (b) the Animal Products Act 1999 applies in respect of the operation accordingly; and

• (c) as specified in section 9(2)(b), an operation may not revert to being subject to the Meat Act regime or the Apiaries Act regime once it has been subject to a registered risk management programme.

(1) Any regulated control scheme imposed under Part 3 of the Animal Products Act 1999 takes effect and applies according to its tenor on and from the date specified in the regime.

(2) Where there is any conflict between the provisions of a regulated control scheme and those of the Meat Act regime or the Apiaries Act regime, the provisions of the regulated control scheme prevail.

(1) Subject to subsection (2), any animal product standards and specifications made under Part 4 of the Animal Products Act 1999 take effect and apply according to their tenor.

(2) Such animal product standards and specifications do not apply in respect of any animal product businesses or operations that are still subject to the Meat Act regime or the Apiaries Act regime by reason of not being covered by a registered risk management programme or a regulated control scheme (or a specific exemption from the requirement to have a risk management programme), unless the standards or specifications specifically state that they apply to businesses or operations subject to the Meat Act regime or the Apiaries Act regime (as the case may be).

For the purposes of the Animal Products Act 1999, any animal product that is produced under and in compliance with the Meat Act regime (or, as the case may be, the Apiaries Act regime) is to be treated as equivalent to animal product, at the comparable state of processing, produced under and in compliance with Parts 2 to 4 of the Animal Products Act 1999.

(1) Nothing in the Animal Products Act 1999 requires any person to be registered as an exporter under Part 5 of that Act until the expiry of the period of 6 months commencing on 1 November 1999, and no person commits an offence against that Act by reason merely of a failure to register as an exporter before the expiry of that period.

(2) Despite subsection (1), a person may not apply for, or be issued, an official assurance under Part 5 of the Animal Products Act 1999 unless the person is registered as an exporter under that Part (or is deemed to be so registered under subsection (3) of this section, or is exempt from registration under section 50 of the Animal Products Act 1999).

(3) For the 6-month period commencing on 1 November 1999, the following persons are deemed to be registered as exporters under Part 5 of the Animal Products Act 1999, but their registration ceases on the expiry of 30 April 2000 unless they earlier register under that Part:

• (a) persons who, as at 31 October 1999, held a current licence granted or renewed under the Fish Export Licensing Regulations 1982:

• (b) persons who, as at 31 October 1999, held a current export licence issued or renewed under section 22 of the Meat Board Act 1997:

• (c) persons who, as at 31 October 1999, held a current game exporter's licence issued or renewed under regulation 10 of the Game Regulations 1975.

For the purposes of section 51 of the Animal Products Act 1999 (which sets out the duties of exporters of animal products) and section 61 of that Act (which provides for the issue of official assurances), any animal product for export (including any by-product or bee product) that is produced under and in compliance with the requirements of the Meat Act regime (or, as the case may be, the Apiaries Act regime) is to be treated as equivalent to animal product, at the comparable stage of processing, produced under and in compliance with Parts 2 to 4 of the Animal Products Act 1999.

(1) Despite anything in section 65 of the Animal Products Act 1999, any person who, as at 1 November 1999, was an Inspector appointed under section 4 of the Meat Act 1981 with an assigned function of certifying meat and meat products or fish and fish products for export,—

• (a) may, until 1 July 2003 or such earlier time as his or her appointment as an Inspector is revoked, issue official assurances for the purposes of the Animal Products Act 1999; and

• (b) is to be treated as having been designated under section 65 of the Animal Products Act 1999 as an authorised person able to issue official assurances for the purposes of Part 5 of that Act.

(2) Despite anything in section 65 of the Animal Products Act 1999, the Director-General may, under that section, designate any person as an authorised person who may issue official assurances during any period ending before 1 July 2003, notwithstanding that the person may not be employed within the Ministry.

Nothing in the Animal Products Act 1999 requires—

• (a) a game estate to be listed as such under Part 5A of that Act; or

• (b) a game estate operator to be listed as a homekill or recreational catch service provider under Part 6 of that Act in respect of the processing of animals killed or caught on the game estate,—

until the expiry of the period of 6 months commencing on the date of commencement of the Animal Products Amendment Act 2002, and no person commits an offence against the Animal Products Act 1999 by reason merely of the failure of a game estate or game estate operator to be listed under Part 5A or Part 6 of that Act before the expiry of that period.

(1) Nothing in the Animal Products Act 1999 requires any person to be listed as a homekill or recreational catch service provider under Part 6 of that Act until the expiry of the period of 6 months commencing on 1 November 1999, and no person commits an offence against that Act by reason merely of a failure to be listed under Part 6 of that Act as a homekill or recreational catch service provider before the expiry of that period.

(2) For the 6-month period commencing on 1 November 1999, the following persons are deemed to be listed as homekill or recreational catch service providers under Part 6 of the Animal Products Act 1999, but their listing ceases on the expiry of 30 April 2000 unless they earlier list under that Part:

• (a) persons who, as at 31 October 1999, are the holders of a custom-killing premises licence issued under the Meat Act 1981:

• (b) persons who, as at 31 October 1999, are the operators of rural slaughterhouses recognised as licensed under section 40 of the Meat Act 1981.

(3) Nothing in this section authorises any person (other than a retail butcher) to contravene the prohibition in section 70 of the Animal Products Act 1999 on the carrying out at the same premises or place of both—

• (a) homekill or recreational catch processing operations; and

• (b) the processing of, or trade in, any regulated animal product for consumption by humans or animals.

(4) In this section and in section 21, regulated animal product includes product and by-product derived from licensed premises to which the Meat Act regime applies, other than custom-killing premises.

A person who, on the day that Part 2 of the Animal Products Act 1999 comes into force, is a retail butcher who also processes homekill or recreational catch on the same premises as those where the retail butcher processes or trades in regulated animal product,—

• (a) in accordance with section 9 of this Act has until 1 July 2005 to register a risk management programme covering the dual operation; and

• (b) remains subject to regulation 10A of the Food Hygiene Regulations 1974 in relation to the butcher's homekill or recreational catch operations, until the risk management programme covering the dual operation is registered under Part 2 of the Animal Products Act 1999; and

• (c) ceases to be subject to that regulation 10A on registration of the risk management programme.

(1) The fees and charges specified in Schedule 4 are payable in respect of the matters specified in that schedule, until superseded by regulations made under Part 9 of the Animal Products Act 1999 or under section 25 of this Act (and also subject to section 24 of this Act).

(2) The levies specified in Schedule 5 are payable in respect of the matters specified in that schedule by persons operating under a registered risk management programme in respect of operations under that programme, until superseded by regulations made under Part 9 of the Animal Products Act 1999 or under section 25 of this Act (and also subject to section 24 of this Act).

(3) The fees, charges, and levies specified in Schedules 4 and 5 are payable—

• (a) on the making of the relevant application or on performance of the relevant service, as the case may require; or

• (b) within 10 days, or within such longer period as the Director-General may allow, after receipt of a demand for the appropriate amount from the Director-General.

(4) For the purposes of providing a transition to the charging of fees, charges, and levies by regulations made under Part 9 of the Animal Products Act 1999, regulations made under that Part, or under section 25 of this Act, may repeal or amend any fee or charge or levy specified in Schedule 4 or Schedule 5, or any matter in respect of which a fee or charge or levy is specified in those schedules.

(5) Where there is any shortfall or over-recovery of costs for any industry sector in respect of any period at whose expiry a fee, charge, or levy specified in Schedule 4 or Schedule 5 ceases to apply by reason of being superseded by regulations made under Part 9 of the Animal Products Act 1999 or section 25 of this Act, that shortfall or over-recovery may be taken into account in setting, under Part 9 or section 25, the relevant fee, levy, or charge that is to apply for any subsequent period to that industry sector or any relevant part of that industry sector.

(6) The Director-General may grant an exemption from, or waive or refund, any fee, charge, or levy specified in Schedule 4 or Schedule 5, in whole or in part, in any particular case or class of cases.

(7) Except as otherwise specifically provided in those schedules in relation to fees and levies determined on an hourly basis or on the basis of the number of animals involved in a relevant activity, the amounts specified in Schedules 4 and 5 are inclusive of goods and services tax.

(1) Part 3A of the Meat Act 1981 (as amended by Part 4 of this Act) continues to apply to plants under the Meat Act regime until the close of 30 June 2006 in respect of the recovery of inspection costs, but subject to section 24 of this Act and to regulations made under Part 9 of the Animal Products Act 1999 or under section 25 of this Act.

(2) For the purposes of providing a transition to the charging of fees, charges, and levies by regulations made under Part 9 of the Animal Products Act 1999, regulations made under that Part or under section 25 of this Act may repeal or amend all or any of the provisions of Part 3A of the Meat Act 1981, and any related provisions of that Act.

(3) Any such regulations may make different provision for different animal material or products or classes or description of animal material or product, and provide for a graduated transition of different animal material or products, or classes or description of animal material or products, from the charging regime in Part 3A of the Meat Act 1981 to the charging regime under Part 9 of the Animal Products Act 1999.

(4) For the purpose of avoiding any shortfall or over-recovery of costs in respect of any season or period at whose expiry the cost recovery regime under Part 3A of the Meat Act 1981 will cease in respect of any plant or plants,—

• (a) the Director-General may negotiate with the manager of the plant for a variation of charges in relation to the plant; and

• (b) sections 43D and 43E of the Meat Act 1981 apply in relation to any such negotiation, so far as is practicable and with any necessary modifications.

(5) Where there is any shortfall or over-recovery of costs in respect of any season or period at whose expiry the cost recovery regime under Part 3A of the Meat Act 1981 ceases to apply in respect of any plant or plants, that shortfall or over-recovery is to be taken into account in setting, under Part 9 of the Animal Products Act 1999 or section 25 of this Act, fees, levies, and charges that apply in subsequent seasons or periods to plants of the kind or description (by sector) concerned.

(6) Where, in respect of the season ending on 31 October 1999, there has been any shortfall or over-recovery of costs in relation to plants where front-line inspection services (as defined in section 43A of the Meat Act 1981) for that season have been performed by persons outside the Ministry,—

• (a) any recovery of the shortfall or allowance for the over-recovery in any subsequent season or period may be by way of levy, charge, refund, or other means based on the throughput of those plants for the season ending on 31 October 1999; and

• (b) the provisions of any contract under Part 3A of the Meat Act 1981 or any regulations made under Part 9 of the Animal Products Act 1999 or under section 25 of this Act may provide accordingly.

(1) The purpose of this section is to avoid, as far as practicable, the application of 2 separate cost recovery regimes in respect of a single plant (a double-regime plant) that is both—

• (a) subject of cost recovery by way of contract under Part 3A of the Meat Act 1981 in respect of any part of its operations; and

• (b) also subject to cost recovery under the Animal Products Act 1999 in respect of any other part of its operations (other than cost recovery in respect of any regulated control scheme).

(2) For the purposes of this section, any contract under Part 3A of the Meat Act 1981 may, by agreement between the Director-General and the plant manager, provide that the costs to be recovered in respect of operations at a double-regime plant are to be recovered—

• (a) by applying the cost recovery regime of the Animal Products Act 1999 (including Schedules 4 and 5 of this Act) to the whole of the animal product business at the plant (with any appropriate modifications that may be needed to provide for the application of comparable costs); or

• (b) by applying the cost recovery regime of Part 3A of the Meat Act 1981 to the whole of the animal product business at the plant (except to the extent of any fees and charges payable under Part 1 of Schedule 4 of this Act);—

and, where a contract does so provide, the relevant cost recovery regime applies to operations at the double-regime plant in accordance with this section despite anything in this Act, the Animal Products Act 1999, or the Meat Act 1981.

(3) Where under subsection (2)(a) the contract applies the cost recovery regime of the Animal Products Act 1999 to all the animal product business operations of a double-regime plant,—

• (a) that fact must be noted in the contract; and

• (b) the contract must identify the kinds of fees, charges, and levies under the Animal Products Act 1999 that are to apply in respect of the plant's operations under the Meat Act 1981; and

• (c) the contract must specify any modifications that may be necessary to allow for the proper application of those fees, charges, or levies (such as deeming services provided by the Ministry under the Meat Act 1981 to be equivalent to verification or other services or related functions performed by the Ministry under the Animal Products Act 1999); and

• (d) the contract then has effect according to its tenor, and the fees, charges, and levies concerned (including any amendments of those fees, charges, and levies) apply in relation to the plant (with the necessary modifications) as if it were subject to the cost recovery provisions of the Animal Products Act 1999.

(4) Where under subsection (2)(b) the contract applies the cost recovery regime of Part 3A of the Meat Act 1981 to all the animal product business operations of a double-regime plant,—

• (a) that fact must be noted in the contract; and

• (b) the contract must identify the kinds of fees, charges, and levies that are not to be recovered under the Animal Products Act 1999 and are instead to be recovered under the contract; and

• (c) the plant manager, and any relevant operation at the plant, are to be treated as exempt from any requirement for the payment of the identified fees, charges, and levies under the Animal Products Act 1999.

(5) For the purpose of facilitating agreement under this section, the Director-General must notify the 2 options set out in subsection (2) to any person who applies for registration of a risk management programme that will cover operations at a double-regime plant, and give the applicant (or plant manager, if different) at least 20 working days within which to specify which option the applicant prefers (if any).

(6) If the Director-General and the plant manager fail to agree on an option set out in subsection (2) within such time after the expiry of the period of 20 working days as the Director-General may allow,—

• (a) no such option will apply; and

• (b) the 2 separate cost recovery regimes relate to the operations subject to them at the plant concerned according to their tenor.

(7) The provisions of a contract to which this section relates may at any time be modified, or reversed to change to the other cost recovery regime, by agreement between the Director-General and the plant manager.

(8) This section ceases to apply to any plant, and the cost recovery regime of the Animal Products Act 1999 applies to the whole animal product business at the plant,—

• (a) at the end of the season in which all operations at the plant have ceased to be subject to the Meat Act regime; or

• (b) on the relevant transition date fixed under section 9 for animal product businesses of that class (or the latest relevant transition date, if more than 1 applies to the business); or

• (c) on such other date as may be specified by regulations made under Part 9 of the Animal Products Act 1999 or section 25 of this Act.

(9) Regulations made under section 25 may provide for matters relating to the application of a single cost recovery regime to all the animal product business at any double-regime plant, and in particular may—

• (a) specify the kinds of fees, charges, and levies under the Animal Products Act 1999 that may apply to a plant under the Meat Act regime, and any modifications that may be necessary to allow for the application of those fees, charges, and levies to a Meat Act regime plant in an appropriate way:

• (b) provide for such other matters as may be necessary or desirable to allow the smooth working of a single cost recovery regime for the purposes of this section.

(1) Without limiting the generality of section 166 of the Animal Products Act 1999, regulations under that section may prescribe transitional and savings provisions relating to the coming into force of the Animal Products Act 1999 and to transitional matters during the period ending with 30 June 2006.

(2) Any such regulations may be in addition to or in place of any of the provisions of this Act and, without limiting the generality of subsection (1), may provide that—

• (a) specified provisions of the Animal Products Act 1999 or this Act, or of the Meat Act regime or the Apiaries Act regime, are or are not to apply, in all or in any specified cases:

• (b) specified terms used in the Animal Products Act 1999 or this Act, or in the Meat Act regime or the Apiaries Act regime, are to have the meanings set out in the regulations:

• (c) specified provisions repealed or amended by this Act, or specified provisions of regulations, Orders in Council, notices, licences, approvals, authorisations, circulars, or rights or requirements given or imposed under the provisions, are to continue to apply.

(3) Any such regulations may—

• (a) apply at any time during the transitional period ending with the close of 30 June 2006:

• (b) provide for matters occurring beyond that date, but only to the extent that it is necessary to save the position of any matter occurring on or before that date.

(4) Any such regulations may repeal or revoke, or appropriately amend, any provision of the Meat Act regime or the Apiaries Act regime (whether in a statute, regulations, or otherwise) that is no longer to apply.

(5) Any such regulations, and any regulations made under the Animal Products Act 1999, may revoke or amend any of subclauses (2A) to (8) of regulation 78 of the Food Regulations 1984 (which relate to the sale of certain shellfish).

(1) Any consultation undertaken before the commencement of the Animal Products Act 1999 (or before the commencement of Part 2 of that Act, as the case may require) in respect of the making of any order or regulations or any other matter requiring consultation under that Act is to be treated as consultation for the purposes of that Act.

(2) Despite section 163 of the Animal Products Act 1999 or any other provision of that Act, no consultation is required in respect of the making of any order or regulation, or any other matter, to the extent that the content of the order, regulation, or other matter is substantially similar to the content of—

• (a) any order, regulation, or other matter having effect under the Meat Act 1981 or any other enactment immediately before the commencement of the Animal Products Act 1999 (or of Part 2 of that Act, as the case may require); or

• (b) any regulation made under section 25 of this Act.

Despite anything in the Animal Products Act 1999 or in the Meat Act regime,—

• (a) any animal product standard or specification or other requirement prescribed or made under the Animal Products Act 1999 may, until the expiry of the transitional period ending with 30 June 2006, incorporate by reference any relevant requirement imposed by or under the Meat Act regime, Apiaries Act regime, or Food Act regime:

• (b) any regulation, direction, directive, circular, or other requirement under the Meat Act regime or Apiaries Act regime may incorporate by reference any relevant requirement imposed by or under the Animal Products Act 1999.

A person who, immediately before the lapse of their licence under any of sections 43AA to 43AC of the Meat Act 1981 (as inserted by section 51 of this Act), or the earlier cancellation of their licence at any time before the expiry of the transitional period ending with 30 June 2006, was a licensee of licensed premises under that Act must retain all records required to be kept under that Act for a period of not less than 3 years following the lapse or cancellation of the licence.

Every animal product officer appointed under Part 7 of the Animal Products Act 1999 has all the powers and functions of an Inspector under the Meat Act 1981; and references in that Act to Inspectors include references to animal product officers.

Where any person who is not an employee or officer of the Ministry is for any purpose treated as or deemed to be an Inspector appointed under the Meat Act 1981, whether by regulation 4(2)(b) of the Animal Products (Ancillary and Transitional Provisions) Regulations 2000 or by any other regulation made under this Act or the Animal Products Act 1999,—

• (a) that person is not for that reason to be treated as an employee of the Ministry, and the Crown is not liable as employer of that person for any act or omission of the person in relation to the purposes for which the person is treated as or deemed to be an Inspector; and

• (b) any liability of the person's actual employer in their capacity as employer of the person is unaffected.

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The Dairy Industry Act 1952 is repealed.

The following regulations are revoked:

• (a) the Dairy Industry Regulations 1990 (SR 1990/290):

• (b) the Dairy Industry (Fees) Regulations 2000 (SR 2000/89):

• (c) the Dairy Industry (Food Act 1981) Exemption Order 1996 (SR 1996/200):

• (d) the Dairy Industry (Exporter Registration) Regulations 2002 (SR 2002/121).

(1) The following regulations continue in force as if they were a regulated control scheme made by regulations under the Animal Products Act 1999, and as amended in the manner set out in Schedule 6:

• (a) the Dairy Industry (IMA Certification) Regulations 2000 (SR 2000/116):

• (b) the Dairy Industry (National Residue Monitoring Programme) Regulations 2002 (SR 2002/139).

(2) Any criteria set out in circulars promulgated under regulation 17 of the Dairy Industry (IMA Certification) Regulations 2000—

• (a) are deemed to be specifications set by the Director-General under section 45 of the Animal Products Act 1999; and

• (b) continue in force accordingly, and may be amended or revoked by the Director-General by notice under section 167 of that Act.

(1) All product safety programmes that, immediately before the commencement of the Animal Products Amendment Act 2005, held the status of being approved by the Director-General under the Dairy Industry Regulations 1990 are deemed to be risk management programmes, on the same terms of approval, registered under Part 2 of the Animal Products Act 1999.

(2) The operator of any such programme must, by 1 December 2005, notify the Director-General of the particulars specified in section 19 of the Animal Products Act 1999 in relation to risk management programmes, and the Director-General must record those particulars on the register of risk management programmes.

(3) Where a completed application for approval of a product safety programme under the Dairy Industry Regulations 1990 has been lodged with the Director-General before the commencement of the Animal Products Amendment Act 2005,—

• (a) the Director-General must process that application as if the Dairy Industry Regulations 1990 were still in force; and

• (b) if the product safety programme is approved by the Director-General, it is, on approval, deemed to be a risk management programme registered under Part 2 of the Animal Products Act 1999; but

• (c) nothing in this section requires the Director-General to approve the product safety programme if the application was not properly submitted in accordance with the Dairy Industry Regulations 1990, or the programme is seriously deficient.

(4) If an application for approval of a product safety programme to which subsection (3) applies, is seriously deficient, or any delay in the programme's registration is primarily attributable to any act or omission of the person submitting it,—

• (a) the Director-General may treat it as an application for registration of a risk management programme under section 20 of the Animal Products Act 1999; and

• (b) the provisions of Part 2 of that Act apply accordingly.

(5) Any conditions or directions or instructions imposed or given under the Dairy Industry Act 1952 in relation to registered premises or to a product safety programme or its operator continue to apply as if imposed or given in relation to the premises or the programme or its operator under the Animal Products Act 1999.

(1) Nothing in the Animal Products Act 1999 requires a person or business to operate under a registered risk management programme (or, if appropriate, a food safety programme under the Food Act regime) at any time before 1 June 2006 in respect of dairy processing operations of a kind that, immediately before the commencement of the Animal Products Amendment Act 2005, they carried out otherwise than under a product safety programme approved by the Director-General under the Dairy Industry Regulations 1990 (in this section called the relevant operations).

(2) In the case of relevant operations carried out on premises registered under the Dairy Industry Regulations 1990, the person or business concerned must, until the close of 31 May 2006 (or until any earlier date on which a risk management programme is registered or a food safety programme is approved in respect of those operations), comply with the requirements of—

• (a) the Dairy Industry Act 1952 as if it had not been repealed by section 75, and as if—

  • (i) the definition of Inspector in section 2 of the Dairy Industry Act 1952 included a reference to animal product officers; and

  • (ii) sections 26, 26A, and 27 of that Act were repealed; and

• (b) the following regulations, as if they had not been revoked by section 76:

  • (i) regulations 2, 3, 13, 20 to 24, 35, 38 to 41, 46 to 48, 51 to 58, 60, and 61 of the Dairy Industry Regulations 1990; and

  • (ii) the Dairy Industry (Fees) Regulations 2000; and

• (c) the Dairy Industry (National Residues Monitoring Programme) Regulations 2002.

(3) In the case of relevant operations that were not carried out on premises registered under the Dairy Industry Regulations 1990, and that produce dairy product for the domestic market only (or the domestic market and Australia only), the person or business concerned must comply with the requirements of the Food Hygiene Regulations 1974 (as in force before their amendment by section 11 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005) until the earlier of—

• (a) the date a risk management programme is registered or a food safety programme is approved in respect of those operations; and

• (b) the close of 31 May 2006.

(4) To avoid doubt,—

• (a) all dairy material or dairy product exported to a destination other than Australia must be processed under—

  • (i) a risk management programme registered under the Animal Products Act 1999, or a product safety programme approved under the Dairy Industry Regulations 1990 (or both); or

  • (ii) an exemption under section 9 of the Animal Products Act 1999:

• (b) dairy material or dairy product exported to Australia must be processed under such a risk management programme or product safety programme only if there are Australian market access requirements that are in excess of those applicable to the relevant material or product for the New Zealand domestic market.

(5) Without limiting the generality of section 84 of this Act, regulations made under section 166 of the Animal Products Act 1999 may provide that, during the transition period provided for in this section, specified provisions of the Dairy Industry Act 1952 and the Dairy Industry Regulations 1990—

• (a) are not to apply, in all or in any specified cases; or

• (b) are to apply subject to the modifications specified in the regulations.

(1) Where a person or business to which section 79 applies has applied for registration of a risk management programme at least 3 months before 1 June 2006, the Director-General must take all reasonable steps to ensure that registration of the programme can occur before that date, provided the programme was properly submitted in a reasonable form.

(2) Nothing in subsection (1) requires the Director-General to register a risk management programme before 1 June 2006 in any case where—

• (a) the risk management programme was not properly submitted in accordance with sections 17 to 20 of the Animal Products Act 1999, or is seriously deficient; or

• (b) any delay in registration of the programme is primarily attributable to any act or omission of the person submitting the programme for registration.

All persons who, immediately before the commencement of the Animal Products Amendment Act 2005, were registered as exporters under the Dairy Industry (Exporter Registration) Regulations 2002 are deemed from the commencement of that Act (unless deregistered) to be registered as exporters under section 55 of the Animal Products Act 1999.

(1) Nothing in the Animal Products Act 1999 requires any business that produces animal feeds for sale or export from dairy material to carry out its animal feed operations under a registered risk management programme at any time before 1 June 2006, except as provided in subsection (2).

(2) If the export of any animal feed from dairy material requires an official assurance, however, the official assurance may be given only if the relevant operations were carried out under a registered risk management programme.

For the purposes of the Animal Products Act 1999 and this Act, any dairy material or product produced under and in compliance with the legislation referred to in sections 75 to 77, or under and in compliance with this Part, is to be treated as equivalent to animal product, at the comparable stage of processing, produced under and in compliance with Parts 2 to 4 of the Animal Products Act 1999.

Without limiting the generality of section 166 of the Animal Products Act 1999, regulations under that section may prescribe transitional and savings provisions relating to the coming into force of the Animal Products Amendment Act 2005 and to transitional matters during the period ending with 31 May 2006.