Reprint as at 17 December 2016
(LI 2016/100)
Rt Hon Dame Sian Elias, Administrator of the Government
At Wellington this 16th day of May 2016
Present:Her Excellency the Administrator of the Government in Council
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Ministry for Primary Industries.
These regulations are made under sections 117, 118, and 166 of the Animal Products Act 1999—
on the advice and with the consent of the Executive Council; and
on the recommendation of the Minister for Food Safety made after being satisfied that the requirements of sections 113 and 115 have been met.
These regulations are the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016.
These regulations come into force on 1 July 2016.
Regulations: confirmed, on 17 December 2016, by section 7(b) of the Subordinate Legislation Confirmation Act 2016 (2016 No 103).
These regulations amend the Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015 (the principal regulations).
In regulation 3, insert in their appropriate alphabetical order:
RCS raw milk has the meaning given in regulation 4(1) of the Raw Milk for Sale to Consumers Regulations 2015
registered depot operator has the meaning given in regulation 4(1) of the Raw Milk for Sale to Consumers Regulations 2015
registered farm dairy operator has the meaning given in regulation 4(1) of the Raw Milk for Sale to Consumers Regulations 2015
(1)
Replace regulation 8(1)(d) with:
a person becomes a dairy processor of dairy material that is not RCS raw milk.
(2)
In regulation 8(3)(d), replace “a new entrant” with “a person to whom subclause (1)(d) applies”.
“a new entrant”
“a person to whom subclause (1)(d) applies”
After regulation 10, insert:
If a person becomes a registered farm dairy operator during a financial year, the person is liable to pay a proportionate share of the annual levy for registered farm dairy operators that includes payment for the quarter of the financial year in which the registration is approved.
In the Schedule, Part 1, after the item relating to development and maintenance of New Zealand standards, performance monitoring, and dairy residue monitoring, insert:
In the Schedule, Part 1, item relating to development and maintenance of market access standards and programme and export standards, third column, paragraph (h), replace “35.02.20.00” with “3502.20.00”.
“35.02.20.00”
“3502.20.00”
(3)
In the Schedule, Part 1, item relating to development and maintenance of market access standards and programme and export standards, third column, paragraph (j), replace “19.01.10.09.00C and 1901.90.09.28B” with “1901.10.09 00C and 1901.90.09 28B”.
“19.01.10.09.00C and 1901.90.09.28B”
“1901.10.09 00C and 1901.90.09 28B”
(4)
In the Schedule, Part 1, item relating to development and maintenance of market access standards and programme and export standards, third column, paragraph (m), replace “21.06.10.09.00J” with “2106.10.09 00J”.
“21.06.10.09.00J”
“2106.10.09 00J”
(5)
In the Schedule, Part 1, after “Approvals”, insert:
“Approvals”
(6)
In the Schedule, Part 1, item relating to issue of exporter declaration for infant formula export, replace “infant formula export” with “infant formula product or formulated supplementary food for young children (within the meaning of those terms in clause 1.2(1) of the Animal Products Notice: Export Requirements for Infant Formula Products and Formulated Supplementary Foods for Young Children (1 February 2016))”.
“infant formula export”
“infant formula product or formulated supplementary food for young children (within the meaning of those terms in clause 1.2(1) of the Animal Products Notice: Export Requirements for Infant Formula Products and Formulated Supplementary Foods for Young Children (1 February 2016))”
(7)
In the Schedule, Part 7, item 2, item A, replace “primary processors who slaughter or dress animals other than fish” with “dairy processors”.
“primary processors who slaughter or dress animals other than fish”
“dairy processors”
(8)
In the Schedule, Part 7, item 2, item A, delete “for animals other than fish”.
“for animals other than fish”
(9)
In the Schedule, Part 7, item 2, revoke item B.
Michael Webster,Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 July 2016, amend the Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015. The amendments—
provide for the payment of fees, charges, and levies in relation to activities to which the regulated control scheme imposed by the Raw Milk for Sale to Consumers Regulations 2015 applies; and
extend the fee for the issue of an exporter declaration for infant formula to cover exporter declarations for all infant formula products and formulated supplementary food for young children; and
correct minor errors in the Schedule.
These regulations are a confirmable instrument under section 47B of the Legislation Act 2012. They are revoked at the close of 30 June 2017, unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(a) of that Act.
The Ministry for Primary Industries produced a regulatory impact statement on 22 March 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
https://www.mpi.govt.nz/law-and-policy/legal-overviews/regulatory-impact-statements
http://www.treasury.govt.nz/publications/informationreleases/ris
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 19 May 2016.
This is a reprint of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016 that incorporates all the amendments to those regulations as at the date of the last amendment to it.
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
Subordinate Legislation Confirmation Act 2016 (2016 No 103): section 7(b)