Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005

1: Title
1: This Act is the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005.
2: In this Act, the Animal Products (Ancillary and Transitional Provisions) Act 1999 the principal Act
2: Commencement
1: This Act comes into force on 1 June 2005, except for section 11(1)(e)
2: Section 11(1)(e)
3: Title amended
The Title of the principal Act is amended by inserting, after paragraph (b)
ba: repeal the Dairy Industry Act 1952 .
4: Interpretation
1: Section 4(1) existing business 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 Animal Products Act 1999
b: does not include any business or operation referred to in paragraphs (a) to (c) new business
2: The definition of new business section 4(1)
a: by inserting, after the words Animal Products Act 1999 (or the date of commencement of the Animal Products Amendment Act 2005
b: by inserting in paragraph (c) Animal Products Act 1999 (or the date of commencement of the Animal Products Amendment Act 2005
5: Existing businesses to register risk management programme by relevant staggered transition date
Section 9(1)(c)
iia: all renderers to whom paragraph (b)(iii)
iii: all petfood processors (whether or not licensed under section 20(1)(b) of the Meat Act 1981 .
6: New businesses
Section 11 Animal Products Act 1999 (or the date of commencement of the Animal Products Amendment Act 2005
7: Interpretation
Section 61(1) a person recognised or
8: New
Part 6 The principal Act is amended by inserting, after section 74
6: Dairy products
75: Repeal of
Dairy Industry Act 1952 The Dairy Industry Act 1952
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)
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 (SR 2000/116)
b: the Dairy Industry (National Residue Monitoring Programme) Regulations 2002 (SR 2002/139)
2: Any criteria set out in circulars promulgated under regulation 17 of the Dairy Industry (IMA Certification) Regulations 2000
a: are deemed to be specifications set by the Director-General under section 45 of the Animal Products Act 1999
b: continue in force accordingly, and may be amended or revoked by the Director-General by notice under section 167 of that Act
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 of the Animal Products Act 1999
2: The operator of any such programme must, by 1 December 2005, notify the Director-General of the particulars specified in section 19 of the Animal Products Act 1999
3: Where a completed application for approval of a product safety programme under the Dairy Industry Regulations 1990 Animal Products Amendment Act 2005
a: the Director-General must process that application as if the Dairy Industry Regulations 1990
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 of the Animal Products Act 1999
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
4: If an application for approval of a product safety programme to which subsection (3)
a: the Director-General may treat it as an application for registration of a risk management programme under section 20 of the Animal Products Act 1999
b: the provisions of Part 2 of that Act
5: Any conditions or directions or instructions imposed or given under the Dairy Industry Act 1952 Animal Products Act 1999
79: Transition period for dairy businesses without product safety programmes
1: Nothing in the Animal Products Act 1999 Animal Products Amendment Act 2005 Dairy Industry Regulations 1990
2: In the case of relevant operations carried out on premises registered under the Dairy Industry Regulations 1990
a: the Dairy Industry Act 1952 section 75
i: the definition of inspector in section 2 of the Dairy Industry Act 1952
ii: sections 26, 26A, and 27 of that Act
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
ii: the Dairy Industry (Fees) Regulations 2000
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 Food Hygiene Regulations 1974 section 11 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
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 Dairy Industry Regulations 1990
ii: an exemption under section 9 of the Animal Products Act 1999
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 of this Act section 166 of the Animal Products Act 1999 Dairy Industry Act 1952 Dairy Industry Regulations 1990
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.
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)
a: the risk management programme was not properly submitted in accordance with sections 17 to 20 of the Animal Products Act 1999
b: any delay in registration of the programme is primarily attributable to any act or omission of the person submitting the programme for registration.
81: Existing exporters
All persons who, immediately before the commencement of the Animal Products Amendment Act 2005 Dairy Industry (Exporter Registration) Regulations 2002 section 55 of the Animal Products Act 1999
82: Transition period for producers of animal feeds from dairy material
1: Nothing in the Animal Products Act 1999 subsection (2)
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.
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 of the Animal Products Act 1999
84: Regulations
Without limiting the generality of section 166 of the Animal Products Act 1999 Animal Products Amendment Act 2005
9: New
Schedule 6 The principal Act is amended by adding the Schedule 6 Schedule 1
10: Food Act 1981
1: Section 8AA(1) Food Act 1981 paragraph (b)
ba: dairy processors (as defined in section 4(1) of the Animal Products Act 1999 .
2: Section 11A(1) Food Act 1981 subsection (2) subsections (2) and (3)
3: Section 11A Food Act 1981 subsection (3)
3: A milk producer may sell raw milk to a dairy processor (as defined in section 4(1) of the Animal Products Act 1999
a: purchases the milk for processing for sale or export; and
b: is a person who—
i: carries out the processing under a risk management programme registered (or deemed to be registered) under the Animal Products Act 1999 section 4(1) of that Act
ii: carries out processing of a kind that is exempt under section 9 of that Act
iii: is a person or business who, by section 79 of the Animal Products (Ancillary and Transitional Provisions) Act 1999
4: This section is subject to section 9
11: Order and regulations amended
1: The following order and regulations are amended in the manner indicated in Schedule 2
a: the Animal Products (Ancillary and Transitional Provisions) Regulations 2000 (SR 2000/208)
b: the Animal Products (Exemptions and Inclusions) Order 2000
c: the Animal Products (Fees, Charges, and Levies) Regulations 2002 (SR 2002/138)
d: the Animal Products Regulations 2000
e: the Food Hygiene Regulations 1974
2: Subsection (1)(e)