Animal Products Amendment Act 2005

1: Title
1: This Act is the Animal Products Amendment Act 2005.
2: In this Act, the Animal Products Act 1999 the principal Act
2: Commencement
This Act comes into force on 1 June 2005.
3: Title amended
The Title of the principal Act is amended by inserting, after the words Meat Act 1981 and the Dairy Industry Act 1952
4: General scheme of Act
Section 3(1)(d) subparagraphs (ii) (iii)
ii: where appropriate in the light of the requirements of foreign governments, specifying requirements which may be additional to domestic New Zealand requirements for certain products; and
iii: where appropriate, providing for the giving of official assurances to overseas authorities in relation to animal material or products exported from New Zealand.
5: Interpretation
1: Section 4(1) accredited person accredited risk management programme verifier accredited person recognised person accredited risk management programme verifier .
2: Section 4(1) contaminant dairy material
a: means animal material that is—
i: milk extracted from a milking animal; and
ii: any material derived or processed from milk extracted from a milking animal, up until delivery of the material at the place of sale for consumption or for end use for purposes other than consumption, or its export; and
b: includes dairy product that, having been purchased or imported, is further processed dairy processing
a: the extraction of milk from milking animals for the purposes of export or sale:
b: transport of dairy material from a farm dairy to a place where processing or manufacturing involving the dairy material occurs:
c: processing of dairy material, including heat treatment, cooling, separation, concentration, filtering, blending, and extraction of milk components:
d: the addition of other material (including food, ingredients, additives, or processing aids as defined in the Food Standards Code) or other dairy material to dairy material:
e: the manufacture of products, including milk, butter, cream, milk-fat products, cheese, processed cheese, whey cheese, dried milks, milk-based infant formula, evaporated milks, condensed milks, whey, whey powder, whey products, casein, milk protein products, ice-cream, low dairy fat ice-cream-like products, yoghurt, other fermented milks, dairy desserts, lactose, and colostrum products:
f: the packaging of dairy material:
g: the storage, transportation, and handling of dairy material prior to—
i: delivery of the material at the place of sale for consumption or for end use for purposes other than consumption; or
ii: its export:
h: further processing of dairy material that was previously dairy product with or without the addition of other material (including food, ingredients, additives, or processing aids as defined in the Food Standards Code), including reprocessing, repacking, reconstitution with water, and recombination of dairy products with or without water to make any dairy products dairy processor
a: includes—
i: a farm dairy operator:
ii: a transporter of dairy material from a farm dairy to a place of processing or manufacture:
iii: a transporter of dairy material from one place of processing or manufacture to another:
iv: an operator of any premises where dairy material is processed or manufactured or stored:
v: a transporter of dairy material to the place of export or sale for consumption or end use for purposes other than consumption:
b: does not include persons (such as airline or shipping staff, stevedores, retailers, or wholesalers) handling the relevant product at the port of export or at the place of sale for consumption or use dairy product
a: means animal product that, having originally been dairy material,—
i: has been delivered to the place of sale for consumption, or for end use for purposes other than consumption; or
ii: has left New Zealand's territorial waters in the course of its export; and
b: includes dairy produce Dairy Industry Act 1952 section 75 of the Animal Products (Ancillary and Transitional Provisions) Act 1999 .
3: Section 4(1) exporter farm dairy
a: subject to paragraph (b)
i: any stockyard, milking yard, feedyard, silo pad, or other construction associated with or involved in the activity of extracting milk from milking animals; and
ii: any place where milk from the milking animals is first collected, filtered, deposited, cooled, stored, or treated for transport or for further processing; but
b: does not include any place where any further processing takes place, or transport to that place farm dairy operator .
4: Section 4(1) food safety programme Food Standards Code section 11C of the Food Act 1981 .
5: Section 4(1) marae milk .
6: Section 4(1) primary processor
ca: is a dairy processor; or .
7: Section 4(1) recognised agency recognised person section 103 recognised risk management programme verifier section 103 .
8: The provisions of the principal Act specified in the Schedule of this Act are consequentially amended in the manner indicated in that schedule.
6: New section substituted
The principal Act is amended by repealing section 6
6: References to this Act include references to
Animal Products (Ancillary and Transitional Provisions) Act 1999 Except where the context otherwise requires,—
a: references to this Act Animal Products (Ancillary and Transitional Provisions) Act 1999
b: references in other Acts to this Act Animal Products (Ancillary and Transitional Provisions) Act 1999
7: Products and material excluded from ambit of Act
Section 8(1)(b) (2)
8: Who must have a risk management programme?
1: Section 13(1) under a registered risk management programme , whether as the registered holder of the programme or as a business to which the programme applies under section 17A
2: Section 13(3)
e: the processing of dairy material or dairy product that is not intended for human or animal consumption (subject to any order made under section 15 .
9: Certain persons may be required to have risk management programme by Order in Council
Section 15(1)
a: by inserting, after the words primary producer, dairy processor, primary producer
b: by inserting, after the expression (b), (c), (e),
10: Multi-business risk management programmes
1: Section 17A(2) ; and paragraph (c)
d: each person whose business or part-business is to be covered by the programme is aware of the implications for his or her business in the event of—
i: a suspension or deregistration of the programme; or
ii: the person whose programme it is ceasing to operate for any other reason.
2: Section 17A
5: The Director-General may decline his or her approval under this section if not satisfied that the operator of another business to which it is proposed that the programme apply is a fit and proper person to operate an animal product business, taking into account whether the operator or any directors or managers of the business concerned have been convicted, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or elsewhere) that are regulated under this Act.
11: Applications for registration of programmes
1: Section 20(2)(b) a copy subject to subsection (3)
2: Section 20
3: The Director-General may waive or modify the requirement to provide a copy of an independent evaluation report if—
a: the risk management programme is fully based on a template, model, or code of practice approved under section 12(3A)
b: the risk management programme is a multi-business risk management programme approved by the Director-General in accordance with section 17A
c: the risks to human or animal health are negligible, and the Director-General is satisfied that the nature of the business does not require an independent evaluation report to ensure validity in terms of sections 12 and 17
12: Registration of risk management programme
1: Section 22 subsection (1)
1A: Nothing in subsection (1) section 17A
2: Section 22 subsection (3)
3A: The Director-General may, at any time during the 12-month period following the commencement of operations under a registered risk management programme, by written notice to the operator concerned, impose further conditions as if they were imposed on registration under subsection (2)
13: New section substituted
The principal Act is amended by repealing section 47
47: Object of this Part
The object of this Part is to facilitate sustainable international trade in animal material and animal products from New Zealand by—
a: providing for the specifying of requirements that must be met in relation to all or any classes or descriptions of animal material or animal products for them to be eligible for export; and
b: providing for requirements and systems intended to safeguard official assurances provided by New Zealand in respect of animal material and animal products; and
c: providing for the registration of exporters of animal material and animal products, where appropriate.
14: Exporters of animal products for human or animal consumption, and certain other animal material and products, must be registered
1: Section 48(1)(b) subparagraph (i)
b: the animal material or product or consignment or person concerned is exempted from the requirements of this section— .
2: Section 48(2)
b: all animal material or products in respect of which—
i: requirements are notified or made available under section 60A
ii: an official assurance is required: .
15: Duties of exporters
1: Section 51(b)
ii: any relevant requirements pertaining to exports notified or made available under section 60A .
2: Section 51(c)
iii: do not or no longer meet relevant requirements notified or made available under section 60A .
16: Director-General to maintain register of exporters
Section 52(2)(b)
i: advise exporters of export requirements; and .
17: New sections and heading substituted
The principal Act is amended by repealing sections 59A 60 61 sections 59A 60 Export requirements and official assurances
60: Export requirements
1: The Director-General may, by notice issued under this section, specify requirements in relation to all or any class or description of animal material or animal product intended for export, if the Director-General is satisfied that the setting of the requirements—
a: is necessary or desirable for the purpose of facilitating access to overseas markets; or
b: is in accordance with the requirements of the relevant authority of the importing country, or can reasonably be expected to satisfy the requirements of the relevant authority of the importing country; or
c: is necessary or desirable to safeguard assurances provided by New Zealand.
2: In specifying requirements under subsection (1)
3: Requirements specified under subsection (1)
60A: Director-General to notify or make available export requirements
1: The Director-General must—
a: either notify or ensure that there is made available to registered exporters any export requirements specified under section 60
b: make those requirements available for inspection free of charge, or for purchase at reasonable cost, to such exporters, operators of risk management programmes, and other persons as are affected by the requirements.
2: Nothing in subsection (1)
a: charging for access to any website, or for information or services provided by any website; or
b: in the case of export requirements that are commercially sensitive, limiting access to those requirements to persons who satisfy the Director-General that their specific export or processing activities cannot be properly undertaken under this Act unless they have that access.
60B: Exemption from requirements of food standards where appropriate
1: The Director-General may, by notice under section 167
a: exempt from the requirements of any food standards issued under Part 2A of the Food Act 1981 section 167 of this Act
b: exempt from the requirements of any such food standards that apply only in New Zealand any 1 or more classes or descriptions of animal material or animal product that is intended for export to Australia.
2: Regulations made under section 166 subsection (1)(a) or (b)
61: Director-General may issue official assurances
1: The Director-General, or a person authorised by the Director-General under section 65
2: Without limiting the matters to which an official assurance may apply, an official assurance is a general statement to a foreign government, or an agent of a foreign government, attesting that, as appropriate, any 1 or more of the following applies in respect of any animal material or animal product:
a: any specified process has been completed under this Act with respect to the animal material or product concerned:
b: the animal product concerned meets the applicable animal product standards set under this Act:
c: any requirements specified by notice under section 60A
d: the situation in New Zealand, in relation to any matter concerning animal material or animal products, is as stated in the assurance.
3: An official assurance is not a guarantee that the contents of all or any particular consignment of animal material or animal products to which it relates—
a: necessarily meet the commercial requirements of the importer; or
b: are fit for consumption or use no matter what the status or description of the consumer or user, or what has happened to the consignment or what has been its treatment since it left New Zealand; or
c: are fit for consumption or use for a purpose other than that for which they were intended.
61A: No Crown liability
The Crown is not liable, and nor is the Director-General or any employee of the Ministry liable, for any loss arising through the refusal or failure of the relevant authority of an overseas market to admit export animal material or animal product to that market.
18: Power to direct disposal, etc, of animal material or product in certain circumstances
Section 82(1) ; or paragraph (d)
e: suspends an operation subject to a regulated control scheme, or deregisters or accepts deregistration of an operator or operation that is subject to a regulated control scheme, as is provided for in the relevant regulations.
19: Director-General may give statements as to New Zealand animal product standard
Section 83(1) under a risk management programme or regulated control scheme (or both) to the relevant New Zealand animal product standard for its intended purpose in accordance with any applicable requirements of this Act to the relevant animal product standard
20: Power to examine, etc
Section 88(1)(b)(i) copying them , or require the person having control of the documents or other records to forward them or a copy of them to the officer by way of post, courier post, fax, or other means acceptable to the officer
21: Conditions of recognition or accreditation
Section 105(2) activities verification
22: New section inserted
The principal Act is amended by inserting, after section 108
108A: Suspension of recognition
1: The Director-General may at any time, by notice in writing to a recognised agency or recognised person, suspend the recognition for a period not exceeding 3 months if the Director-General has reasonable grounds to believe that the performance of the agency or person is unsatisfactory having regard to the requirements of the position.
2: The Director-General may impose conditions or requirements that must be satisfied if the suspension is to be lifted.
3: If the Director-General considers that conditions or requirements have not been satisfied within the suspension period, the Director-General may, by notice in writing, extend the suspension for a further period not exceeding 3 months.
4: Where the Director-General suspends recognition under this section or extends a period of suspension, the notice of suspension or extension must specify—
a: the reason for the suspension or extension:
b: the period of the suspension or extension:
c: the date and time the suspension or extension commences:
d: the functions and activities that the suspension or extension relates to:
e: any conditions or requirements to be met before or during the suspension.
5: The Director-General must notify—
a: the relevant recognised agency of any suspension of recognition of a person for whom the agency is responsible:
b: any relevant recognised person of the suspension of recognition of an agency with which the person is associated.
6: The Director-General may notify any suspension under this section in the Gazette
7: A suspension under this section does not affect any other actions that the Director-General may take under this Act.
8: The Director-General may direct the agency or person the subject of a suspension under this section to take appropriate action to remedy the deficiency or failure that gave rise to the suspension.
9: If a person acting under the delegated authority of the Director-General suspends any recognition of a person or agency under this section, the person or agency concerned may seek a review of the decision under section 162
23: Evidence in proceedings
Section 140(1)(a)
iia: any matter was or was not recorded on the risk management programme register; or .
24: Disclosure of information for purpose of ensuring product safety, etc
Section 161(5)(a)
a: by repealing subparagraph (ii)
b: by inserting, after subparagraph (iv)
iva: the Marine Farming Act 1971
ivb: the Testing Laboratory Registration Act 1972 .
c: by inserting, after subparagraph (viii)
viiia: the Animal Identification Act 1993
viiib: the Hazardous Substances and New Organisms Act 1996 .
d: by inserting, after subparagraph (xia)
xib: the Dairy Industry Restructuring Act 2001 .
25: Right of review of certain decisions made under delegated authority
Section 162(1) paragraph (d)
d: a decision to suspend or withdraw recognition of a person or agency under section 108A or section 109 .
26: Notices
Section 167(1) paragraph (ja)
jb: notifying any exemption under section 60B .
27: Repeals, amendments, and transitional provisions appear in
Animal Products (Ancillary and Transitional Provisions) Act 1999
1: Section 169(1)
e: repeal of the Dairy Industry Act 1952 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
2: Section 169(2) Apiaries Act 1969 and (with effect on the commencement of the Animal Products Amendment Act 2005) the Dairy Industry Act 1952