Animal Products (Ancillary and Transitional Provisions) Act 1999

1: Short Title and commencement
1: This Act may be cited as the Animal Products (Ancillary and Transitional Provisions) Act 1999.
2: This Act comes into force on 1 November 1999, except for sections 53 to 55
3: Sections 53 to 55
1: Preliminary provisions
2: General outline of this Act
In general terms, this Act—
a: repeals the Meat Act 1981, with effect on and from 1 July 2006
b: amends that Act pending its repeal, with the main effect of such amendments being—
i: to phase out the issue of licences under the Meat Act 1981 to persons who have not applied for (or taken specified steps to apply for) such licences before the commencement of Part 2
ii: to remove various provisions relating to export certification and to homekill and recreational catch matters, which are now dealt with under Parts 5 6
iii: to specifically exclude from the inspection costs that may be recovered under Part 3A of the Meat Act 1981 the costs of services provided by persons outside the Ministry:
iv: to allow for a single branding regime under both Acts:
c: amends other Acts as a consequence of the enactment of the Animal Products Act 1999 Part 5 section 171 section 111
d: provides transitional provisions in relation to the Animal Products Act 1999
i: the provision of a 6-month period of grace for registration as an exporter (with certain persons already deemed to be registered as exporters for that period):
ii: the provision of a 6-month period of grace for listing as a homekill or recreational catch service provider (with certain persons already deemed to be so listed for that period):
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):
iv: provision for a staggered transition to the new cost recovery regime under the Animal Products Act 1999 Section 2(a) amended 26 September 2002 section 4(1) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Section 2(d)﻿(iii) substituted 26 September 2002 section 4(2) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
3: Continued application of requirements of existing regimes
Except as otherwise provided by this Act, all the provisions of the Meat Act regime and the Apiaries Act regime (as amended and restated in Parts 4 5 1 July 2006
a: to operations covered by a registered risk management programme or a regulated control scheme:
b: if and to the extent that regulations made under section 166 section 25 Section 3 amended 26 September 2002 section 5 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
4: Interpretation
1: In this Act, unless the context otherwise requires,— Apiaries Act regime Part 5 section 171 section 111 existing business existing animal product business
a: means a business that was operating as an animal product business as at—
i: the commencement of the Animal Products Amendment Act 2005
ii: the commencement of Part 2
b: does not include any business or operation referred to in paragraphs (a) to (c) of the definition of new business Meat Act regime Part 4 new business new animal product business Part 2 (or the date of commencement of the Animal Products Amendment Act 2005
a: a business that first becomes a dual operator butcher after the date of commencement of Part 2
b: any new operations that are added, on or after the date of commencement of Part 2
c: any new primary processing operations that are added, on or after the date of commencement of Part 2 (or the date of commencement of the Animal Products Amendment Act 2005, in the case of a business engaged in dairy processing, to the extent that it is engaged in dairy processing)
2: Terms defined in section 4
3: References to the commencement or commencement date of the Animal Products Act 1999 section 1(2) Part 2 Section 4(1) existing business existing animal product business substituted 1 June 2005 section 4(1) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 Section 4(1) new business new animal product business amended 1 June 2005 section 4(2)﻿(a) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 Section 4(1) new business new animal product business amended 1 June 2005 section 4(2)﻿(b) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
2: Repeals and amendments ancillary to Animal Products Act 1999
5: Repeal of Meat Act 1981 on
1 July 2006
1: The enactments listed in Part 1 of Schedule 1 1 July 2006
2: The regulations and order specified in Part 2 of Schedule 1 1 July 2006 Section 5 heading amended 26 September 2002 section 6(a) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Section 5(1) amended 26 September 2002 section 6(b) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Section 5(2) amended 26 September 2002 section 6(b) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
6: Meat Act 1981 amended pending repeal
Pending its repeal by section 5 Part 4
7: Other Acts and regulations repealed or revoked
1: The Meat (Inspection Seasons)
2: The following regulations, order, and notice are revoked:
a: Poultry Processing Regulations 1978 (SR 1978/40):
b: Poultry Processing Regulations 1978, Amendment No 1 (SR 1979/76):
c: Poultry Processing Regulations 1978, Amendment No 3 (SR 1981/154):
d: Meat (Poultry) Order 1987 (SR 1987/348):
e: Meat Industry Authority Notice No 35 (Meat Industry Authority 3/8/2) Declaring Meat Areas ( Gazette
8: Other Acts and regulations consequentially amended
1: The Acts specified in Schedule 2
2: The regulations specified in Schedule 3
3: Transitional provisions
Risk management programmes
9: Existing businesses to register risk management programme by relevant staggered transition date
1: Except as provided in section 12 Animal Products Act 1999
a: 1 July 2003, in the case of operations other than rendering carried out by—
i: the licensed processors listed in Part 1
ii: the licensed processors listed in Part 2
iii: the licensed processors listed in Part 3
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
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
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
iia: all renderers to whom paragraph (b)﻿(iii) does not apply; and
iii: all petfood processors (whether or not licensed under section 20(1)﻿(b) of the Meat Act 1981); and
iv: all processors of by-products 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
2: The processors, licensees, and business specified in Schedules 3A 3B
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
a: Part 2
b: those operations must continue to be carried out in accordance with Part 2 Section 9 substituted 26 September 2002 section 7 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Section 9(1)﻿(c)﻿(iia) inserted 1 June 2005 section 5 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 Section 9(1)﻿(c)﻿(iii) substituted 1 June 2005 section 5 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
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
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
b: any delay in registration of the programme is primarily attributable to any act or omission of the person submitting the programme for registration. Section 10 substituted 26 September 2002 section 7 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
11: New businesses
Except in the case of a fishing vessel to which section 12 Part 2 (or the date of commencement of the Animal Products Amendment Act 2005 Section 11 amended 1 June 2005 section 6 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
12: Certain foreign-owned fishing vessels have 12-month period in which to register risk management programme
1: This section applies to animal product operations carried out on foreign-owned New Zealand fishing vessels (as defined in section 2(1)
2: Nothing in the Animal Products Act 1999 Part 2
a: the operations are covered by an appropriate risk management programme registered under Part 2 Part 3
b: the operations are specifically exempted (whether individually or as a class) from the requirement to have a risk management programme.
13: Meat Act and Apiaries Act regimes cease to apply to operations covered by registered risk management programme or regulated control scheme
Where any operation of an animal product business subject to the Meat Act regime or the Apiaries Act regime has become subject to a risk management programme registered under Part 2 Part 3
a: nothing in those regimes applies to that operation once the risk management programme is registered or the regulated control scheme or exemption takes effect, except to the extent that—
i: regulations made under section 25 section 73
ii: Part 3A of the Meat Act 1981 continues to apply in respect of cost recovery matters (but subject to section 24
b: the Animal Products Act 1999
c: as specified in section 9(2)﻿(b) Regulated control schemes
14: Regulated control schemes
1: Any regulated control scheme imposed under Part 3
2: Where there is any conflict between the provisions of a regulated control scheme and those of the Meat Act regime or the Apiaries Act regime, the provisions of the regulated control scheme prevail. Animal product standards and specifications
15: Animal product standards and specifications
1: Subject to subsection (2), any animal product standards and specifications made under Part 4
2: Such animal product standards and specifications do not apply in respect of any animal product businesses or operations that are still subject to the Meat Act regime or the Apiaries Act regime by reason of not being covered by a registered risk management programme or a regulated control scheme (or a specific exemption from the requirement to have a risk management programme), unless the standards or specifications specifically state that they apply to businesses or operations subject to the Meat Act regime or the Apiaries Act regime (as the case may be). Regulated animal product equivalence
16: Equivalence of animal product produced under either regime
For the purposes of the Animal Products Act 1999 Parts 2 to 4 Export of animal products
17: Exporters must register within 6-month transitional period
1: Nothing in the Animal Products Act 1999 Part 5
2: Despite subsection (1), a person may not apply for, or be issued, an official assurance under Part 5 section 50
3: For the 6-month period commencing on 1 November 1999, the following persons are deemed to be registered as exporters under Part 5
a: persons who, as at 31 October 1999, held a current licence granted or renewed under the Fish Export Licensing Regulations 1982:
b: persons who, as at 31 October 1999, held a current export licence issued or renewed under section 22 of the Meat Board Act 1997:
c: persons who, as at 31 October 1999, held a current game exporter's licence issued or renewed under regulation 10 of the Game Regulations 1975.
18: Export animal product may be produced under either regime
For the purposes of section 51 section 61 Parts 2 to 4
19: Persons who may issue official assurances during transitional period
1: Despite anything in section 65
a: may, until 1 July 2003 Animal Products Act 1999
b: is to be treated as having been designated under section 65 Part 5
2: Despite anything in section 65 1 July 2003 Section 19(1)﻿(a) amended 26 September 2002 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Section 19(2) amended 26 September 2002 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Game estates Heading inserted 26 September 2002 section 9 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
19A: Game estates must list within 6-month transitional period
Nothing in the Animal Products Act 1999
a: a game estate to be listed as such under Part 5A
b: a game estate operator to be listed as a homekill or recreational catch service provider under Part 6 until the expiry of the period of 6 months commencing on the date of commencement of the Animal Products Amendment Act 2002 Animal Products Act 1999 Part 5A Part 6 Section 19A inserted 26 September 2002 section 9 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Homekill and recreational catch service providers
20: Homekill and recreational catch service providers must register within 6-month transitional period
1: Nothing in the Animal Products Act 1999 Part 6
2: For the 6-month period commencing on 1 November 1999, the following persons are deemed to be listed as homekill or recreational catch service providers under Part 6
a: persons who, as at 31 October 1999, are the holders of a custom-killing premises licence issued under the Meat Act 1981:
b: persons who, as at 31 October 1999, are the operators of rural slaughterhouses recognised as licensed under section 40 of the Meat Act 1981.
3: Nothing in this section authorises any person (other than a retail butcher) to contravene the prohibition in section 70
a: homekill or recreational catch processing operations; and
b: the processing of, or trade in, any regulated animal product for consumption by humans or animals.
4: In this section and in section 21 regulated animal product
21: Dual operator butchers
A person who, on the day that Part 2
a: in accordance with section 9 1 July 2005
b: remains subject to regulation 10A Part 2
c: ceases to be subject to that regulation 10A Section 21(a) amended 26 September 2002 section 10 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Cost recovery
22: Fees, charges, and levies
1: The fees and charges specified in Schedule 4 Part 9 section 25 section 24
2: The levies specified in Schedule 5 Part 9 section 25 section 24
3: The fees, charges, and levies specified in Schedules 4 5
a: on the making of the relevant application or on performance of the relevant service, as the case may require; or
b: within 10 days, or within such longer period as the Director-General may allow, after receipt of a demand for the appropriate amount from the Director-General.
4: For the purposes of providing a transition to the charging of fees, charges, and levies by regulations made under Part 9 section 25 Schedule 4 Schedule 5
5: Where there is any shortfall or over-recovery of costs for any industry sector in respect of any period at whose expiry a fee, charge, or levy specified in Schedule 4 Schedule 5 Part 9 section 25
6: The Director-General may grant an exemption from, or waive or refund, any fee, charge, or levy specified in Schedule 4 Schedule 5
7: Except as otherwise specifically provided in those schedules in relation to fees and levies determined on an hourly basis or on the basis of the number of animals involved in a relevant activity, the amounts specified in Schedules 4 5
8: An exemption under subsection (6) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 22(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
23: Part 3A of Meat Act 1981 continues to apply until regulations otherwise provide, etc
1: Part 3A of the Meat Act 1981 (as amended by Part 4 30 June 2006 section 24 Part 9 section 25
2: For the purposes of providing a transition to the charging of fees, charges, and levies by regulations made under Part 9 section 25
3: Any such regulations may make different provision for different animal material or products or classes or description of animal material or product, and provide for a graduated transition of different animal material or products, or classes or description of animal material or products, from the charging regime in Part 3A of the Meat Act 1981 to the charging regime under Part 9
4: For the purpose of avoiding any shortfall or over-recovery of costs in respect of any season or period at whose expiry the cost recovery regime under Part 3A of the Meat Act 1981 will cease in respect of any plant or plants,—
a: the Director-General may negotiate with the manager of the plant for a variation of charges in relation to the plant; and
b: sections 43D and 43E of the Meat Act 1981 apply in relation to any such negotiation, so far as is practicable and with any necessary modifications.
5: Where there is any shortfall or over-recovery of costs in respect of any season or period at whose expiry the cost recovery regime under Part 3A of the Meat Act 1981 ceases to apply in respect of any plant or plants, that shortfall or over-recovery is to be taken into account in setting, under Part 9 section 25
6: Where, in respect of the season ending on 31 October 1999, there has been any shortfall or over-recovery of costs in relation to plants where front-line inspection services (as defined in section 43A of the Meat Act 1981) for that season have been performed by persons outside the Ministry,—
a: any recovery of the shortfall or allowance for the over-recovery in any subsequent season or period may be by way of levy, charge, refund, or other means based on the throughput of those plants for the season ending on 31 October 1999; and
b: the provisions of any contract under Part 3A of the Meat Act 1981 or any regulations made under Part 9 section 25 Section 23(1) amended 26 September 2002 section 11 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
24: Avoidance of application of 2 separate cost recovery regimes in respect of single plant
1: The purpose of this section is to avoid, as far as practicable, the application of 2 separate cost recovery regimes in respect of a single plant (a double-regime plant
a: subject of cost recovery by way of contract under Part 3A of the Meat Act 1981 in respect of any part of its operations; and
b: also subject to cost recovery under the Animal Products Act 1999
2: For the purposes of this section, any contract under Part 3A of the Meat Act 1981 may, by agreement between the Director-General and the plant manager, provide that the costs to be recovered in respect of operations at a double-regime plant are to be recovered—
a: by applying the cost recovery regime of the Animal Products Act 1999 Schedules 4 5
b: by applying the cost recovery regime of Part 3A of the Meat Act 1981 to the whole of the animal product business at the plant (except to the extent of any fees and charges payable under Part 1 of Schedule 4 and, where a contract does so provide, the relevant cost recovery regime applies to operations at the double-regime plant in accordance with this section despite anything in this Act, the Animal Products Act 1999
3: Where under subsection (2)﻿(a) the contract applies the cost recovery regime of the Animal Products Act 1999
a: that fact must be noted in the contract; and
b: the contract must identify the kinds of fees, charges, and levies under the Animal Products Act 1999
c: the contract must specify any modifications that may be necessary to allow for the proper application of those fees, charges, or levies (such as deeming services provided by the Ministry under the Meat Act 1981 to be equivalent to verification or other services or related functions performed by the Ministry under the Animal Products Act 1999
d: the contract then has effect according to its tenor, and the fees, charges, and levies concerned (including any amendments of those fees, charges, and levies) apply in relation to the plant (with the necessary modifications) as if it were subject to the cost recovery provisions of the Animal Products Act 1999
4: Where under subsection (2)﻿(b) the contract applies the cost recovery regime of Part 3A of the Meat Act 1981 to all the animal product business operations of a double-regime plant,—
a: that fact must be noted in the contract; and
b: the contract must identify the kinds of fees, charges, and levies that are not to be recovered under the Animal Products Act 1999
c: the plant manager, and any relevant operation at the plant, are to be treated as exempt from any requirement for the payment of the identified fees, charges, and levies under the Animal Products Act 1999
5: For the purpose of facilitating agreement under this section, the Director-General must notify the 2 options set out in subsection (2) to any person who applies for registration of a risk management programme that will cover operations at a double-regime plant, and give the applicant (or plant manager, if different) at least 20 working days within which to specify which option the applicant prefers (if any).
6: If the Director-General and the plant manager fail to agree on an option set out in subsection (2) within such time after the expiry of the period of 20 working days as the Director-General may allow,—
a: no such option will apply; and
b: the 2 separate cost recovery regimes relate to the operations subject to them at the plant concerned according to their tenor.
7: The provisions of a contract to which this section relates may at any time be modified, or reversed to change to the other cost recovery regime, by agreement between the Director-General and the plant manager.
8: This section ceases to apply to any plant, and the cost recovery regime of the Animal Products Act 1999
a: at the end of the season in which all operations at the plant have ceased to be subject to the Meat Act regime; or
b: on the relevant transition date fixed under section 9
c: on such other date as may be specified by regulations made under Part 9 section 25
9: Regulations made under section 25
a: specify the kinds of fees, charges, and levies under the Animal Products Act 1999
b: provide for such other matters as may be necessary or desirable to allow the smooth working of a single cost recovery regime for the purposes of this section. Section 24(8)﻿(b) substituted 26 September 2002 section 12 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Regulations, etc
25: Regulations in respect of transitional matters
1: Without limiting the generality of section 166 Animal Products Act 1999 30 June 2006
2: Any such regulations may be in addition to or in place of any of the provisions of this Act and, without limiting the generality of subsection (1), may provide that—
a: specified provisions of the Animal Products Act 1999
b: specified terms used in the Animal Products Act 1999
c: specified provisions repealed or amended by this Act, or specified provisions of regulations, Orders in Council, notices, licences, approvals, authorisations, circulars, or rights or requirements given or imposed under the provisions, are to continue to apply.
3: Any such regulations may—
a: apply at any time during the transitional period ending with the close of 30 June 2006:
b: provide for matters occurring beyond that date, but only to the extent that it is necessary to save the position of any matter occurring on or before that date.
4: Any such regulations may repeal or revoke, or appropriately amend, any provision of the Meat Act regime or the Apiaries Act regime (whether in a statute, regulations, or otherwise) that is no longer to apply.
5: Any such regulations, and any regulations made under the Animal Products Act 1999 Section 25(1) amended 26 September 2002 section 13(1) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Section 25(3)﻿(a) substituted 26 September 2002 section 13(2) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
26: Consultation before commencement of Animal Products Act 1999 qualifies as consultation for purposes of that Act
1: Any consultation undertaken before the commencement of the Animal Products Act 1999 Part 2
2: Despite section 163
a: any order, regulation, or other matter having effect under the Meat Act 1981 or any other enactment immediately before the commencement of the Animal Products Act 1999 Part 2
b: any regulation made under section 25
27: Standardisation of requirements under different Acts during transitional period
Despite anything in the Animal Products Act 1999
a: any animal product standard or specification or other requirement prescribed or made under the Animal Products Act 1999 transitional period ending with 30 June 2006
b: any regulation, direction, directive, circular, or other requirement under the Meat Act regime or Apiaries Act regime may incorporate by reference any relevant requirement imposed by or under the Animal Products Act 1999 Section 27(a) amended 26 September 2002 section 14 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002 Miscellaneous matters
28: Records under Meat Act 1981 to be retained for 3 years
A person who, immediately before the lapse of their licence under any of sections 43AA to 43AC of the Meat Act 1981 (as inserted by section 51 transitional period ending with 30 June 2006 Section 28 amended 26 September 2002 section 15 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
29: Animal product officers to have powers of Inspectors under Meat Act 1981
Every animal product officer appointed under Part 7
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 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. Section 29A inserted 26 September 2002 section 16(1) Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
4: Amendments to Meat Act 1981 pending its repeal on
1 July 2006 Heading amended 26 September 2002 section 17 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002
30: Part to be part of Meat Act 1981
This Part is part of the Meat Act 1981 (in this Part referred to as the principal Act
31: Interpretation
Amendment(s) incorporated in the Act(s).
32: Sale of meat for human consumption
Amendment(s) incorporated in the Act(s).
33: Sale of uninspected meat
Amendment(s) incorporated in the Act(s).
34: Conditions in respect of export meat
Amendment(s) incorporated in the Act(s).
35: Certain exports, and re-exports
Amendment(s) incorporated in the Act(s).
36: Sale of game or game meat
Amendment(s) incorporated in the Act(s).
37: Game and game meat exporters
Amendment(s) incorporated in the Act(s).
38: Licensing not required for premises covered by risk management programme registered under Animal Products Act 1999
Amendment(s) incorporated in the Act(s).
39: Abattoirs and export slaughterhouses
Amendment(s) incorporated in the Act(s).
40: Custom-killing premises
Amendment(s) incorporated in the Act(s).
41: Other licensed premises
Amendment(s) incorporated in the Act(s).
42: Premises proposed as licensed premises
Amendment(s) incorporated in the Act(s).
43: Application for grant of licence may not be made after commencement of Part 2 of Animal Products Act 1999, unless pursuant to undertaking
Amendment(s) incorporated in the Act(s).
44: Local authority abattoirs and slaughterhouses
Amendment(s) incorporated in the Act(s).
45: Hygienic condition of licensed premises
Amendment(s) incorporated in the Act(s).
46: Branding of carcasses
Amendment(s) incorporated in the Act(s).
47: Branding of products
Amendment(s) incorporated in the Act(s).
48: Obligation of licensee to accept certain stock
Amendment(s) incorporated in the Act(s).
49: Rural slaughterhouses
Amendment(s) incorporated in the Act(s).
50: Keeping of records
Amendment(s) incorporated in the Act(s).
51: New sections inserted
Amendment(s) incorporated in the Act(s).
52: Application of this Part
Amendment(s) incorporated in the Act(s).
53: Interpretation—recovery of inspection costs
Amendment(s) incorporated in the Act(s).
54: Meat inspection services
Amendment(s) incorporated in the Act(s).
55: Director-General to consult managers
Amendment(s) incorporated in the Act(s).
56: Certain decisions of Minister may be considered by committee
Amendment(s) incorporated in the Act(s).
57: Offences and penalties
Amendment(s) incorporated in the Act(s).
58: Regulations
Amendment(s) incorporated in the Act(s).
5: Apiaries Act provisions
Part 5 repealed 1 July 2006 section 74 Preliminary matters Heading repealed 1 July 2006 section 74
59: Part contains former provisions of Apiaries Act 1969
Section 59 repealed 1 July 2006 section 74
60: Repeals and revocation
Section 60 repealed 1 July 2006 section 74 Apiaries Act provisions Heading repealed 1 July 2006 section 74
61: Interpretation
Section 61 repealed 1 July 2006 section 74
62: Restriction on drugs for prevention or treatment of disease in bees
Section 62 repealed 1 July 2006 section 74
63: Procuring of samples
Section 63 repealed 1 July 2006 section 74
64: Analysis of samples and certificate of analyst
Section 64 repealed 1 July 2006 section 74
65: Analyst's certificate prima facie evidence
Section 65 repealed 1 July 2006 section 74
66: Tampering with sample
Section 66 repealed 1 July 2006 section 74
67: Restricted areas
Section 67 repealed 1 July 2006 section 74
68: Keeping of bees in restricted area
Section 68 repealed 1 July 2006 section 74
69: Honey derived from restricted area
Section 69 repealed 1 July 2006 section 74
70: Powers of Inspectors, etc
Section 70 repealed 1 July 2006 section 74
71: Proof of consent
Section 71 repealed 1 July 2006 section 74
72: Recovery of expenses incurred by Inspectors
Section 72 repealed 1 July 2006 section 74
73: Regulations
Section 73 repealed 1 July 2006 section 74
74: Expiry of this Part
Section 74 repealed 1 July 2006
6: Dairy products
Part 6 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
75: Repeal of Dairy Industry Act 1952
The Dairy Industry Act 1952 is repealed. Section 75 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
76: Regulations revoked
The following regulations are revoked:
a: the Dairy Industry Regulations 1990 (SR 1990/290):
b: the Dairy Industry (Fees) Regulations 2000 (SR 2000/89):
c: the Dairy Industry (Food Act 1981) Exemption Order 1996 (SR 1996/200):
d: the Dairy Industry (Exporter Registration) Regulations 2002 (SR 2002/121). Section 76 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
77: Regulations continued in force
1: The following regulations continue in force as if they were a regulated control scheme made by regulations under the Animal Products Act 1999 Schedule 6
a: the Dairy Industry (IMA Certification) Regulations 2000
b: the Dairy Industry (National Residue Monitoring Programme) Regulations 2002
2: Any criteria set out in circulars promulgated under regulation 17
a: are deemed to be specifications set by the Director-General under section 45
b: continue in force accordingly, and may be amended or revoked by the Director-General by notice under section 167 Section 77 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
78: Product safety programmes deemed to be risk management programmes
1: All product safety programmes that, immediately before the commencement of the Animal Products Amendment Act 2005 Dairy Industry Regulations 1990 Part 2
2: The operator of any such programme must, by 1 December 2005, notify the Director-General of the particulars specified in section 19
3: Where a completed application for approval of a product safety programme under the Dairy Industry Regulations 1990 has been lodged with the Director-General before the commencement of the Animal Products Amendment Act 2005
a: the Director-General must process that application as if the Dairy Industry Regulations 1990 were still in force; and
b: if the product safety programme is approved by the Director-General, it is, on approval, deemed to be a risk management programme registered under Part 2
c: nothing in this section requires the Director-General to approve the product safety programme if the application was not properly submitted in accordance with the Dairy Industry Regulations 1990, or the programme is seriously deficient.
4: If an application for approval of a product safety programme to which subsection (3) applies, is seriously deficient, or any delay in the programme's registration is primarily attributable to any act or omission of the person submitting it,—
a: the Director-General may treat it as an application for registration of a risk management programme under section 20
b: the provisions of Part 2
5: Any conditions or directions or instructions imposed or given under the Dairy Industry Act 1952 in relation to registered premises or to a product safety programme or its operator continue to apply as if imposed or given in relation to the premises or the programme or its operator under the Animal Products Act 1999 Section 78 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
79: Transition period for dairy businesses without product safety programmes
1: Nothing in the Animal Products Act 1999 Animal Products Amendment Act 2005 relevant operations
2: In the case of relevant operations carried out on premises registered under the Dairy Industry Regulations 1990, the person or business concerned must, until the close of 31 May 2006 (or until any earlier date on which a risk management programme is registered or a food safety programme is approved in respect of those operations), comply with the requirements of—
a: the Dairy Industry Act 1952 as if it had not been repealed by section 75
i: the definition of Inspector in section 2 of the Dairy Industry Act 1952 included a reference to animal product officers; and
ii: sections 26, 26A, and 27 of that Act were repealed; and
b: the following regulations, as if they had not been revoked by section 76
i: regulations 2, 3, 13, 20 to 24, 35, 38 to 41, 46 to 48, 51 to 58, 60, and 61 of the Dairy Industry Regulations 1990; and
ii: the Dairy Industry (Fees) Regulations 2000; and
c: the Dairy Industry (National Residues Monitoring Programme) Regulations 2002
3: In the case of relevant operations that were not carried out on premises registered under the Dairy Industry Regulations 1990, and that produce dairy product for the domestic market only (or the domestic market and Australia only), the person or business concerned must comply with the requirements of the Food Hygiene Regulations 1974 section 11
a: the date a risk management programme is registered or a food safety programme is approved in respect of those operations; and
b: the close of 31 May 2006.
4: To avoid doubt,—
a: all dairy material or dairy product exported to a destination other than Australia must be processed under—
i: a risk management programme registered under the Animal Products Act 1999
ii: an exemption under section 9
b: dairy material or dairy product exported to Australia must be processed under such a risk management programme or product safety programme only if there are Australian market access requirements that are in excess of those applicable to the relevant material or product for the New Zealand domestic market.
5: Without limiting the generality of section 84 section 166
a: are not to apply, in all or in any specified cases; or
b: are to apply subject to the modifications specified in the regulations. Section 79 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
80: Application for registration should be made at least 3 months before 1 June 2006
1: Where a person or business to which section 79
2: Nothing in subsection (1) requires the Director-General to register a risk management programme before 1 June 2006 in any case where—
a: the risk management programme was not properly submitted in accordance with sections 17 to 20
b: any delay in registration of the programme is primarily attributable to any act or omission of the person submitting the programme for registration. Section 80 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
81: Existing exporters
All persons who, immediately before the commencement of the Animal Products Amendment Act 2005 section 55 Section 81 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
82: Transition period for producers of animal feeds from dairy material
1: Nothing in the Animal Products Act 1999
2: If the export of any animal feed from dairy material requires an official assurance, however, the official assurance may be given only if the relevant operations were carried out under a registered risk management programme. Section 82 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
83: Equivalence of material and product produced under previous dairy regime
For the purposes of the Animal Products Act 1999 sections 75 to 77 Parts 2 to 4 Section 83 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
84: Regulations
Without limiting the generality of section 166 Animal Products Amendment Act 2005 Section 84 added 1 June 2005 section 8 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005