Raw Milk for Sale to Consumers Regulations 2015

2015/309

Coat of Arms of New Zealand

Raw Milk for Sale to Consumers Regulations 2015

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 7th day of December 2015

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to sections 9 and 166 of the Animal Products Act 1999 and sections 383(3)(d), (f), and (g), 390, 391, and 439 of the Food Act 2014, Her Excellency the Administrator of the Government makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Food Safety made after complying with the requirements in sections 9(2) to (4) and 39(3) and (4) of the Animal Products Act 1999 and sections 383(6) and (7), 390(3), 391(3), and 441 of the Food Act 2014.

Contents

1Title
2Commencement
3Overview
4Interpretation
5Meaning of regulated control scheme
6Transitional, savings, and related provisions
7Regulated control scheme imposed
8Prime purpose of scheme
9Activities to which scheme applies
10People to whom scheme applies
11Relationship between scheme and other regulations and specifications
12Only registered farm dairy operators and registered depot operators may produce and process raw milk
13Director-General to maintain registers of farm dairy operators and depot operators
14Matters to be shown in registers
15Registered operators to ensure information provided
16Application for registration
17Applicant for registration must notify Director-General of significant change in circumstances
18Registration
19Refusal to register
20Conditions on registration
21Deregistration of farm dairy operators or depot operators
22Surrender of registration
23Renewal
24Suspension of registration
25Suspension of operations imposed by Director General
26Effect of suspension of registration or operations
27Duty to notify Director-General of significant change in circumstances
28Right of review of certain decisions made under delegated authority
29Responsibilities of people to whom scheme applies
30Primary contact in relation to day-to-day management
31Raw milk to be fit for human consumption, wholesome, and free of hazards
32Minimisation of contamination or deterioration of raw milk
33Specific obligations of farm dairy operators in minimising contamination of raw milk
34Requirements for premises, places, facilities, equipment, and essential services
35Further requirements for essential services
36Requirements for milking plant
37Competency requirements
38Resourcing, training, and supervision
39Hygiene of processing equipment
40Hygiene of people whose presence or actions may result in contamination of raw milk
41Infectious persons must be excluded from working areas and must not handle raw milk
42Requirements for use of agricultural compounds
43Requirements for use of maintenance compounds
44Required measuring equipment to be calibrated and to function as intended
45Only healthy animals to be milked
46Injured or diseased animals to be identified and isolated
47Animals undergoing treatment to be identified
48Systems for compliance with standards adopted or issued under Food Act 2014
49Storage requirements
50Extraction, storage, and handling of non-conforming raw milk
51Raw milk must be packed at farm dairy address
52Packaging requirements
53Packing areas and equipment
54Labelling and identification requirements
55Transport requirements
56Identification system requirements
57Where assessments are not up to date
58Non-conforming raw milk
59Milk from injured or diseased animal
60Effect of bovine tuberculosis
61Only registered farm dairy operator may sell raw milk
62Sale must be direct sale to final consumer
63Labelling and advertising requirements
64Raw milk to be collected on farm or delivered to final consumer’s residential address
65Raw milk to be transported after purchase
66Raw milk to be provided within 30 hours of commencement of milking
67Duties of transport operators
68Raw milk to be examined, sampled, and tested
69Access for recognised persons
70Preregistration assessments
71Raw milk farm dairy assessments
72Self-monitoring assessments
73Raw milk tests
74Veterinary assessments
75Verification audits
76Duties after identifying or being notified of non-conformance
77Duty of depot operators if non-conforming raw milk has been released for delivery
78Matters that must be reported to responsible verifier
79Reporting duties of recognised raw milk farm dairy assessors
80Reporting duties of verifiers
81Duties of verifiers in relation to non-conformance, unacceptable outcomes, and other matters
82Verifiers may conduct further investigations
83Recognised agencies and recognised persons
84Requirement to be recognised laboratory
85Records to be kept by farm dairy operator
86Records to be kept by depot operator
87Records to be kept by transport operator
88Records to be kept by recognised raw milk farm dairy assessor
89Records to be kept by responsible verifier
90Requirements for all records
91Return requirements
92Offences under Animal Products Act 1999
93Infringement offences
94Infringement notices and reminder notices
95Director-General may carry out survey or conduct research on raw milk
96Consequential amendment to Animal Products (Exemptions and Inclusions) Order 2000
Explanatory note
Administrative Information