Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
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Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
| Public Act | 2002 No 30 |
| Date of assent | 25 September 2002 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
-
(1) This Act is the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002.
(2) In this Act, the Animal Products (Ancillary and Transitional Provisions) Act 1999 is called
“the principal Act”
.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Long Title amended
4 General outline of this Act
-
(1) Section 2(a) of the principal Act is amended by omitting the expression
“1 November 2002”
, and substituting the expression“1 July 2006”
.(2) Section 2(d) of the principal Act is amended by repealing subparagraph (iii), and substituting the following subparagraph:
“(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):”.
5 Continued application of requirements of existing regimes
Section 3 of the principal Act is amended by omitting the expression
“1 November 2002”
, and substituting the expression“1 July 2006”
.
6 Repeal of Meat Act 1981 on 1 November 2002
Section 5 of the principal Act is amended—
(a) by omitting from the section heading the expression
“1 November 2002”
, and substituting the expression“1 July 2006”
:
7 New sections 9 and 10 substituted
The principal Act is amended by repealing sections 9 and 10, and substituting the following sections:
“9 Existing businesses to register risk management programme by relevant staggered transition date
-
“(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
“(iii) all petfood processors licensed under section 20(1)(b) of the Meat Act 1981; and
“(iv) all processors of byproducts 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.
-
“10 Application for registration should be made at least 3 months before relevant transition date
-
“(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.”
-
8 Persons who may issue official assurances during transitional period
9 New section 19A and heading inserted
The principal Act is amended by inserting, after section 19, the following heading and section:
“Game estates
“19A Game estates must list within 6-month transitional period
“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.”
10 Dual operator butchers
Section 21(a) of the principal Act is amended by omitting the expression
“1 November 2002”
, and substituting the expression“1 July 2005”
.
11 Part 3A of Meat Act 1981 continues to apply until regulations otherwise provide, etc
Section 23(1) of the principal Act is amended by omitting the expression
“31 October 2002”
, and substituting the expression“30 June 2006”
.
12 Avoidance of application of 2 separate cost recovery regimes in respect of single plant
Section 24(8) of the principal Act is amended by repealing paragraph (b), and substituting the following paragraph:
“(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”.
13 Regulations in respect of transitional matters
-
(1) Section 25(1) of the principal Act is amended by omitting the expression
“31 October 2002”
, and substituting the expression“30 June 2006”
.
14 Standardisation of requirements under different Acts during transitional period
Section 27(a) of the principal Act is amended by omitting the words
“3-year transitional period ending with 31 October 2002”
, and substituting the words“transitional period ending with 30 June 2006”
.
15 Records under Meat Act 1981 to be retained for 3 years
Section 28 of the principal Act is amended by omitting the words
“3-year transitional period ending with 31 October 2002”
, and substituting the words“transitional period ending with 30 June 2006”
.
16 New section 29A inserted
-
(1) The principal Act is amended by inserting, after section 29, the following section:
“29A Non-Ministry personnel acting as inspectors under Meat Act 1981
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.”
(2) This section is deemed to have come into force on 20 November 2000.
(3) This section does not apply for the purposes of any legal proceedings commenced before 18 December 2001.
17 Part 4 heading amended
The heading to Part 4 is amended by omitting the expression
“1 November 2002”
, and substituting the expression“1 July 2006”
.
18 Expiry of Part 5
Section 74 of the principal Act is amended by omitting the expression
“1 November 2002”
, and substituting the expression“1 July 2006”
.
19 Schedule 1 amended
The heading of Schedule 1 of the principal Act is amended by omitting the expression
“1 November 2002”
, and substituting the expression“1 July 2006”
.
Amendment to Meat Act 1981
21 Lapse of remaining licences on repeal of this Act
Section 43AC of the Meat Act 1981 is amended by omitting the expression
“1 November 2002”
, and substituting the expression“the close of 30 June 2006”
.
Schedule |
s 20 |
Schedule 3A
Existing animal product businesses subject to 1 July 2003 transition dates 9(1)
1
Red meat processors
Business Premises (Licensee under Meat Act 1981) (Licence identification under Meat Act 1981) AFFCO New Zealand Limited ME 23 ME 32 ME 39 ME 42 ME 47 ME 56 Alliance Group Limited ME 17 ME 18 ME 21 ME 50 Auckland Meat Processors Limited ME 103 Bay City Meats (Timaru) Limited AB 15 Blue Sky Meats (NZ) Limited ME 80 Canterbury Meat Packers Limited ME 70 ME 78 Wallace Meats Limited ME 108 Crusader Meats New Zealand Limited ME 118 Greenlea Premier Meats Limited ME 82 ME 124 Lakeview Meat Processing Limited (in receivership) ME 136 Lamb Packers Feilding Limited ME 128 Land Meat New Zealand Limited ME 131 PPCS Limited ME 26 ME 64 Progressive Meats Limited ME 87 Richmond Limited ME 9 ME 52 ME 58 ME 60 ME 84 ME 88 ME 102 ME 125 Riverlands Eltham Limited ME 43 Taylor Preston Limited ME 86 Te Kuiti Meat Processors Limited ME 104 The Canterbury Frozen Meat Co Limited ME 15 ME 16 ME 34 ME 37 UBP Limited ME 127 Wallace Corporation Limited ME 100 2
Export seafood processors
Business Premises (Licensee under Meat Act 1981) (Licence identification under Meat Act 1981) Amaltal Fishing Co Limited PH 46 PH 340 PH 384 PH 475 Antons Seafoods Limited PH 129 Cook Strait Seafoods Limited PH 62 PH 150 PH 156 Fiordland Lobster Company Limited PH 263 Globe Export Fisheries Limited PH 51 Greben Fishing Limited PH 588 Independent Fisheries Limited PH 37 PH 373 PH 476 PH 483 PH 521 J S Fishing Limited PH 468 Kia Ora Seafoods Limited PH 144 Leigh Fisheries Limited PH 126 Marlborough Seafoods Limited PH 187 Moana Pacific Fisheries Limited PH 59 PH 116 PH 188 PH 290 PH 299 PH 439 Mt Maunganui Seafoods Limited PH 63 New Zealand Longline Limited PH 506 Ngai Tahu Fisheries Limited PH 389 PH 397 O P Columbia PH 60 Otakou Fisheries Limited PH 91 Pacific Marine Farms (1996) Limited PH 85 PH 141 Pacifica Seafoods (Christchurch) Limited PH 123 PH 175 Prepared Foods Processing Limited PH 16 Sanford (South Island) Limited FPH 3 FPH 5 PH 148 PH 164 PH 177 PH 250 Sanford Limited FPH 52 FPH 53 PH 48 PH 76 PH 463 PH 464 PH 503 PH 512 PH 513 Seafresh New Zealand Limited PH 184 Sealord Charters Limited PH 160 Sealord Group Limited PH 12 PH 155 PH 411 PH 472 PH 496 Sealord Shellfish Limited PH 181 Simunovich Fisheries Limited PH 194 PH 480 Southern Seafoods Limited PH 168 PH 190 PH 458 Talleys Fisheries Limited PH 1 PH 102 PH 103 PH 107 PH 120 PH 159 The New Zealand King Salmon Co Limited PH 157 Thomas Richard & Co Limited FPH 36 United Fisheries Limited PH 587 Vela Fishing Limited PH 477 PH 495 Wellington Trawling Co Limited PH 192 Westfleet Fishermen's Co-operative Limited PH 143 Westhaven Marketing Limited PH 176 Westpac Mussels Distributors Limited PH 223 3
Meat or game packing houses (other than cutting and boning only)
Business Premises (Licensee under Meat Act 1981) (Licence identification under Meat Act 1981) Advanced Foods of New Zealand Limited PH 31 Alaron Products Limited PH 412 PH 517 ANZCO Green Island Limited PH 173 Auckland Casings Co Limited PH 88 Back Country Foods Limited PH 500 Bakels Edible Oils (NZ) Limited PH 416 Dairy Meats (Avondale) Limited PH 490 En'Zaq Aquaculture Limited PH 448 Forest Park Taupo (2000) Limited PH 494 Franklin Foods Limited PH 479 Garrett International Meats Limited PH 214 Glovers Food Processors Limited PH 80 Healtheries of New Zealand Limited PH 5 PH 26 Heinz Wattie's Limited PH 233 PH 467 Hygrade Casing Company Limited PH 478 PH 530 Kiwi Pacific Foods Limited PH 445 Levin Casing Company Limited PH 261 Lowe Products New Zealand Limited PH 372 Mandarin International (NZ) Limited PH 306 McCallum Industries Limited PH 134 Meadow Lea Foods Limited PH 482 Nestle New Zealand Limited PH 328 New Zealand Gourmet Supplies Limited PH 504 New Zealand Pastoral Agricultural Research PH 84 Institute Limited New Zealand Supreme Natural Foods Limited PH 435 Nutri-Zeal Limited PH 486 Otago Venison Limited PH 376 Ottogi New Zealand Limited PH 461 Pacific Casings Limited PH 516 Park Trading Co Limited PH 82 PPCS Limited PH 401 Prudent Shipping and Processing Limited PH 515 Rapa United Casings (NZ) Limited PH 213 Richmond Limited PH 14 Tasman Extracts Limited PH 444 The Canterbury Frozen Meat Co Limited PH 55 Top Hat Convenience Foods Limited PH 519 Vitality Foods (New Zealand) Limited PH 7 Waikiwi Casings Co Ltd PH 505 PH 149 Waitaki Biosciences International Limited PH 3 Woolworths (New Zealand) Limited PH 529
Schedule 3B
Businesses specifically excluded from 1 July 2004 transition dates 9(1)(b), (d)
Business Premises (Licensee under section 19 of the Meat Act 1981) (Licence identification under Meat Act 1981) Alba Cosco Limited PH 449 Bioproducts (New Zealand) Limited PH 436 Canterbury Antler (NZ) Limited PH 298 Deer World Limited PH 349 Evergreen Deer and Fish Products Co Limited PH 278 Evergreen Life Limited PH 426 Gamma Natural Products Limited PH 9 Gevir Products NZ Limited PH 358 Global Deer Products Limited PH 522 Hyun Dae Deer Products Limited PH 427 Kornex Corporation Limited PH 140 Luggate Game Packers Limited PH 93 Myung Soo Jeon PH 487 National Deer Horn Limited PH 220 New Bell International Limited PH 267 New Core Deer Products Limited PH 254 New Zealand Deer Horn Limited PH 510 New Zealand Deer Land Limited PH 525 Oxford Deer Products Limited PH 226 Parex International Limited PH 406 Park Trading Co Limited PH 383 Rokland Corporation Limited PH 336 S & K Star Co Limited PH 518 Sebanto Holdings Limited PH 399 Spring International Limited PH 339 Steven Chang PH 320 Sunling Natural Products Limited PH 283 Tasman Velvet Processors Limited PH 39 Tsengs Enterprises (NZ) Limited PH 488
Legislative history | |
|---|---|
| 18 September 2002 | Divided from Animal Products Amendment Bill (Bill 194-2) as Bill 194-3A |
| 19 September 2002 | Third reading |
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Versions
Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
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