Version as at 1 July 2022
(SR 2005/103)
Animal Products (Exemptions and Inclusions) Amendment Order 2005: revoked, on 1 July 2022, pursuant to regulation 267(b) of the Animal Products Regulations 2021 (SL 2021/400).
Changes authorised by subpart 2 of Part 3 of the Legislation Act 2019 have been made in this consolidation. See the notes at the end of this consolidation for further details.
This order is administered in the Ministry for Primary Industries.
Pursuant to sections 9 and 49 of the Animal Products Act 1999, Her Excellency the Governor-General, on the recommendation of the Minister for Food Safety made in accordance with those sections, and acting on the advice and with the consent of the Executive Council, makes the following order.
(1)
This order is the Animal Products (Exemptions and Inclusions) Amendment Order 2005.
(2)
In this order, the Animal Products (Exemptions and Inclusions) Order 20001 is called “the principal order”.
“the principal order”
This order comes into force on the 28th day after the date of its notification in the Gazette.
Clause 6 of the principal order is revoked.
The principal order is amended by inserting, after clause 11A, the following clauses:
No risk management programme is required in respect of processing operations that involve only fish bait, fish berley, chum, or ground bait.
No risk management programme is required in respect of the fishing and catch support activities of a person who—
provides a fishing vessel or fishing guidance services; and
provides any services for sailing or operating the vessel, guidance in respect of fishing, or catch support activities (such as storage, gutting, filleting, and any other preparation activity for the catch by the fishing party); and
at no stage owns the fish or is involved in the sale of the fish.
The persons referred to in subclause (1) are also exempt under clause 19A from the requirement to be listed as a homekill or recreational catch service provider.
No risk management programme is required in respect of their whitebait-related activities by persons who—
catch or harvest whitebait from the natural environment; and
provide limited processing, such as chilling, washing, and storage, to maintain the whitebait in a condition fit for human consumption; and
sell whitebait for consumption or processing.
In this clause, whitebait means—
the young or fry of the following Galaxias species:
Galaxias maculatus (inanga):
Galaxias brevipinnis (koaro):
Galaxias argenteus (giant kokopu):
Galaxias postvectis (short jawed kokopu):
Galaxias fasciatus (banded kokopu):
the young or fry of the fish (commonly known as smelt) whose scientific name is Retropinna retropinna.
No risk management programme is required in respect of the primary processing (including harvesting and preparation for human or animal consumption) of muttonbirds.
In this clause, muttonbird means a member of the species Puffinus griseus (sooty shearwater), Puffinus tenuirostris (short-tailed shearwater), or Pterodroma macroptera (grey-faced petrel).
No risk management programme is required for the production, processing, or sale of eggs by a primary processor of eggs who—
produces eggs for sale for human or animal consumption from 100 female birds or fewer (all species included); and
sells all eggs that are intended for human or animal consumption direct to the consumer or end user; and
does not sell any of the eggs to any person for further sale.
No risk management programme is required by an operator of facilities for the temporary holding of goods for export by air during aircraft loading and unloading procedures if the facilities are within the confines of the airport and adjacent to the tarmac.
The principal order is amended by revoking clauses 15 and 16, and substituting the following clauses:
An owner of an animal who exports that animal live for non-commercial purposes is, in respect of the export of that animal, exempt from—
the requirement to register as an exporter under Part 5 of the Act; and
the obligations set out in section 51(c)(i) and (d) of the Act.
A person who exports a sample of animal material or animal product for scientific or analytical purposes is, in respect of that export, exempt from—
the obligations set out in section 51(c)(i), (c)(iii), and (d) of the Act.
The exemption under subclause (1) applies only to persons who are not primarily in the business of sending samples for examination overseas for the purposes of trade or reward.
The principal order is amended by inserting, after clause 19, the following clause:
A person who is exempt under clause 11C from the requirement to have a risk management programme in respect of fishing and catch support activities is also exempt from the requirement to be listed as a homekill or recreational catch service provider in respect of those activities under Part 6 of the Act.
The principal order is amended by inserting, after clause 21, the following clause:
Exporters of live animals, embryos, semen, and ova must be registered as exporters under Part 5 of the Act if the export is for the purposes of trade or reward.
Diane Morcom,
Clerk of the Executive Council.
This note is not part of the order, but is intended to indicate its general effect.
This order amends the Animal Products (Exemptions and Inclusions) Order 2000 to—
revoke as spent the exemption for animal remedies covered by the Animal Remedies Act 1967 (clause 3):
insert new exemptions from the requirement to have a risk management programme for—
processors of fish bait, fish berley, chum, or ground bait (new clause 11B):
certain tourist or charter fishing vessel operators, and fishing guides (new clause 11C):
persons who catch, process, and sell whitebait (new clause 11D):
primary processors of muttonbirds (new clause 11E):
certain small egg producers who sell direct to consumers only (new clause 11F):
operators of certain airline holding facilities (new clause 11G):
extend the existing exporter registration exemptions for owners of live animals exported for non-commercial purposes, and persons exporting samples for scientific analysis (other than in the way of business), to include exemption from certain notification and related requirements of section 51(c) and (d) of the Act (new clauses 15 and 16):
exempt from the requirement to be listed as a homekill or recreational catch service provider those tourist and charter fishing vessel operators, or fishing guides, who are exempted by new clause 11C from the requirement to have a risk management programme:
require registration as exporters of persons who export, for trade or reward, live animals, embryos, semen, and ova.
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 21 April 2005.
This is a consolidation of the Animal Products (Exemptions and Inclusions) Amendment Order 2005 that incorporates all the amendments to that order as at the date of the last amendment to it.
This consolidation is not an official version of the legislation under section 78 of the Legislation Act 2019.
Animal Products Regulations 2021 (SL 2021/400): regulation 267(b)
1 SR 2000/209