These regulations are the Dairy Industry (IMA Certification) Regulations 2000.

(1) Regulation 7(1) comes into force on 1 October 2000.

(2) The rest of these regulations come into force on 1 July 2000.

In these regulations, unless the context otherwise requires,—

A person may apply in writing to the Director-General for an IMA certificate in accordance with section 63 of the Act.

(1) The Director-General may issue an IMA certificate under section 61 of the Act if satisfied that—

• (a) the consignment of tariff quota product in respect of which the application is made would not cause New Zealand to exceed its country-specific tariff quota for the relevant period; and

• (b) the application is made by a person who is lawfully entitled to export tariff quota product; and

• (c) the consignment of tariff quota product in respect of which the application is made has been manufactured, stored, and tested in accordance with approved quota compliance programmes; and

• (d) the exporter making the application is operating in accordance with an approved quota compliance programme.

(2) The Director-General must not issue an IMA certificate if the Director-General is aware of any information that suggests that the consignment does not meet the tariff quota product requirements.

The Director-General may withdraw or reissue any IMA certificate as provided in section 64 of the Act.

(1) All persons who manufacture, test, store, or export tariff quota product must operate in accordance with approved quota compliance programmes.

(2) All persons who manufacture, test, store, or export tariff quota product must notify the Director-General of non-compliance of tariff quota product with tariff quota product requirements within 24 hours of knowledge of the non-compliance.

A person may apply in writing to the Director-General for approval of a quota compliance programme.

The Director-General may not approve a quota compliance programme for a manufacturer of tariff quota product unless satisfied that the programme makes adequate provision for—

• (a) tariff quota product to be made according to the tariff quota product requirements; and

• (b) testing, sampling, weighing, calculating, and calibrating, as necessary, to generate accurate and reliable data regarding fat content, weight, and any other matter that is necessary to support the issuance of an IMA certificate; and

• (c) the identification of tariff quota product throughout the manufacturing process; and

• (d) documented systems to capture, record, and transfer data; and

• (e) the keeping, availability for inspection, and inspection of records to determine readily whether or not the programme has been and is being complied with; and

• (f) the designation of persons who are responsible for the supply of data and the provision of declarations; and

• (g) procedures to manage tariff quota product that does not meet the tariff quota product requirements; and

• (h) the secure and reliable transportation of tariff quota product.

The Director-General may not approve a quota compliance programme for a person who stores tariff quota product unless satisfied that the programme makes adequate provision for—

• (a) the storage of tariff quota product in a manner that does not cause non-compliance with the tariff quota product requirements; and

• (b) documented systems and procedures to identify tariff quota product and to ensure that correct product is taken from the store when a consignment is being sent for export to the European Communities; and

• (c) the keeping, availability for inspection, and inspection of records to determine readily whether or not the programme has been and is being complied with.

The Director-General may not approve a quota compliance programme for a person who tests tariff quota product unless satisfied that the programme makes adequate provision for—

• (a) carrying out sampling and testing in accordance with approved methods; and

• (b) the keeping, availability for inspection, and inspection of records to determine readily whether or not the programme has been and is being complied with.

The Director-General may not approve a quota compliance programme for a person who exports tariff quota product unless satisfied that the programme makes adequate provision for—

• (a) documented systems and procedures to identify tariff quota product and to ensure that the tariff quota product that is exported is the tariff quota product that is certified; and

• (b) documented systems and procedures for the receipt, processing, and transfer of data relating to tariff quota product to the Director-General; and

• (c) the keeping, availability for inspection, and inspection of records to determine readily whether or not the programme has been and is being complied with; and

• (d) the designation of persons who are responsible for the supply of data and the provision of declarations.

(1) A person may apply to the Director-General for the variation of an approved quota compliance programme.

(2) The Director-General must apply regulations 9 to 12 to an application for the variation of an approved quota compliance programme as if it were an application for the approval of a quota compliance programme.

(3) In addition, when approving a variation of an approved quota compliance programme, the Director-General must indicate whether—

• (a) the approved quota compliance programme before variation is to cease to be approved, with the varied programme replacing it; or

• (b) the approved quota compliance programme before variation and the varied programme are to co-exist as approved quota compliance programmes.

(1) The Director-General may withdraw approval of an approved quota compliance programme at any time by—

• (a) notice in the Gazette; or

• (b) written notice to the person who originally applied for approval of the programme concerned.

(2) Despite subclause (1), the Director-General must not withdraw approval of an approved quota compliance programme unless, after taking all reasonable steps to get all the relevant information, the Director-General is no longer satisfied of 1 or more of the matters required by regulations 9 to 12.

(1) An occupier of a dairy factory, store, or recognised laboratory, and any holder of a risk management programme, must permit an animal product officer, or other person recognised by the Director-General, at all reasonable times to do all or any of the following for the purposes of these regulations:

• (a) to enter the dairy factory, store, recognised laboratory, or other premises and inspect any part of the premises, and any equipment, process, procedure, or dairy product on the premises:

• (b) to carry out any examination or test, or to require any demonstration of any processing, testing, or inspection procedure:

• (c) to peruse all charts and other records kept for the purposes of these regulations, and to make copies of any entries in the charts and records.

(2) An exporter of tariff quota product must permit an animal product officer, or other person recognised by the Director-General, at all reasonable times to do all or any of the following for the purposes of these regulations:

• (a) to enter premises where the exporter—

  • (i) stores the records that the exporter keeps for the purposes of these regulations; or

  • (ii) carries out the processing of data relating to tariff quota product:

• (b) to peruse and audit—

  • (i) all records kept for the purposes of these regulations, and to make copies of any entries in the records; and

  • (ii) the systems and procedures for the processing of data relating to tariff quota product.

(3) The power to enter premises conferred in subclauses (1) and (2) is subject to the following conditions:

• (a) the person entering must carry evidence of the person's authority and identity, which the person must produce when the person enters the premises for the first time and if subsequently asked:

• (b) the person exercising the power of entry must leave notice of the entry where it can easily be seen by the occupier if the occupier is not present at the time of entry.

(4) Nothing in subclauses (1) and (2) authorises the person to enter a dwellinghouse unless a District Court Judge, who is satisfied on oath that it is reasonably necessary for the person to enter a dwellinghouse, empowers by warrant the person to enter that place, but no such warrant may continue in force for more than 14 days from the date on which it is issued.

If an approved quota compliance programme or these regulations require the keeping of particular records or the making of particular tests, an inspector, or other person authorised by the Director-General, may direct the person in control of the records or the results of the tests to produce them for inspection.

All testing of manufactured tariff quota product must be carried out in a recognised laboratory.