New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| Public Act | 1999 No 93 |
| Date of assent | 8 September 1999 |
| Commencement | see section 1(2)–(4) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the New Zealand Food Safety Authority.
1 Short Title and commencement
5 Product processed fit for intended purpose
6 References to this Act include references to Animal Products (Ancillary and Transitional Provisions) Act 1999, etc
7 Products and material to which Act generally applies
8 Products and material excluded from ambit of Act
9 Exemptions from ambit of Act by Order in Council
10 Application of Act includes exclusive economic zone
Part 2
Risk management programmes
12 What is a risk management programme?
13 Who must have a risk management programme?
14 Director-General may grant limited exemption from requirement to have risk management programme
15 Certain persons may be required to have risk management programme by Order in Council
16 Duties of operators of risk management programmes
17 Contents of and requirements for risk management programmes
17A Multi-business risk management programmes
Registration of risk management programmes
18 Register of risk management programmes
19 Matters to be shown in register of risk management programmes
20 Applications for registration of programmes
21 Director-General may require further information
22 Registration of risk management programme
23 Refusal to register programme
24 Registration may not be transferred
25 Significant amendments to risk management programme
26 Updates of minor amendments to risk management programmes
27 Suspension of operations under registered programme
28 Deregistration of risk management programme
28A Removal of animal product business from coverage of wider risk management programme
30 Risk management programme in conflict with regulations or specifications
Relationship between Food Act regime and risk management programmes
31 Object of sections 32 to 34
32 Secondary processors of animal products which are food may elect to operate under risk management programme
33 Implications of failure to elect in case of animal product which is food whose export requires an official assurance
34 Alternate or intermittent use of risk management programmes and food safety programmes
Recognised agencies and risk management programme verifiers
35 Director-General to recognise agencies and persons to perform verification functions in respect of risk management programmes
36 Director-General may require notification by recognised agency of termination of contracts
Part 3
Regulated control schemes
38 Nature of regulated control schemes
39 Scope of regulated control schemes
40 Director-General may set specifications and other requirements for purposes of regulated control schemes
Part 4
Animal product standards and specifications
43 Application of standards and specifications
44 Regulations may prescribe animal product standards
45 Director-General may issue specifications supplementary to animal product standards
46 Emergency animal product standards and specifications
Part 5
Export of animal material and products
48 Exporters of animal products for human or animal consumption, and certain other animal material and products, must be registered
49 Registration of exporters of non-edible, etc, material or products may be required by Order in Council
50 Director-General may exempt certain consignments
52 Director-General to maintain register of exporters
53 Matters to be shown in register of exporters
54 Applications for registration
57 Annual registration fee payable
58 Deregistration of exporters
59 Refusal to register or decision to deregister may be reviewed in certain cases
Export requirements and official assurances
59A Director-General to notify general requirements for animal product or material for export [Repealed]
60A Director-General to notify or make available export requirements
60B Exemption from requirements of food standards where appropriate
61 Director-General may issue official assurances
62 Form and content of official assurance
63 Obtaining of official assurance
64 Official assurance may be withdrawn, and reissued
65 Persons who may be authorised to issue official assurances
65C Use and disposal of animal material and product from game estate animals
65D Game estates that must be listed
65E Director-General to maintain list of game estates
65F Matters to be shown in list of game estates
65K Review of decision to refuse to list, or to delist
Part 6
Homekill and recreational catch
68 Processing of recreational catch
69 Homekill and recreational catch service providers
70 Limitation on regulated animal product and homekill or recreational catch operations being carried out at same premises or place
71 Requirements for dual operator butchers
72 Product processed by homekill or recreational catch service provider ceases to be regulated animal product
Listing of homekill and recreational catch service providers
73 Director-General to maintain list of homekill and recreational catch service providers
74 Matters to be shown in list of homekill and recreational catch service providers
76 Listing as homekill or recreational catch service provider
78 Appointment of animal product officers
79 Appointment of official assessors
80 Director-General may issue notices
81 Director-General may give directions
81A Director-General may require declarations as to supply or movement of animals, animal material, or animal products
81B Director-General may impose movement and related controls
82 Power to direct disposal, etc, of animal material or product in certain circumstances
83 Director-General may give statements as to New Zealand animal product standard
84 Privileged statements by Director-General
85 Recall of animal material and animal product
86 Delegation by Director-General
Powers of animal product officers
89 Power to interrupt operations, etc
90 Power to condemn and require disposal of animal products that are diseased, contaminated, etc
91 Power to require presentation of live animals
92 Powers under search warrant
93 Powers of official assessors
95 Powers of Police and animal product officers under warrant
96 Requirements when executing warrant
97 Disposal of property seized under search warrant
98 Protection of persons acting under authority of Act, etc
Part 8
Recognised agencies and persons
100 Director-General may recognise agencies that may be responsible for verification and other specialist functions
101 Director-General may recognise persons to carry out verification or other specialist functions
102 Applications for recognition
104 Refusal to grant recognition
106 Duties of recognised agencies
107 Duties of recognised persons
108A Suspension of recognition
111 Substituted notice of recognition
112 Director-General to keep list of recognised agencies and persons
113 Principles of cost recovery
115 Cost recovery to relate generally to a financial year
115A Application of section 115(1) to assurances in respect of export licences issued under Dairy Industry Restructuring Act 2001
116 Three-yearly review of cost recovery
117 Fees and charges to be prescribed by regulations
118 Regulations may impose levies
119 Trust accounts required to be kept by persons collecting levies
120 Other charges not requiring to be prescribed
121 Exemptions, waivers, and refunds
122 Fees, levies, and charges to constitute debt due to Director-General
123 Penalties for failure to pay fee, levy, or charge
124 Obligation to pay fee, levy, or charge not suspended by dispute
125 Levy regulations to be confirmed
Part 10
Offences, penalties, and proceedings
126 Offences involving endangerment of human or animal health
127 Offences involving deception
128 Sale of non-complying animal material or product
129 Presenting non-complying animal material for processing
130 Offence to export unless registered
131 Offences in relation to homekill and recreational catch
132 Breach of compliance order
133 Obstruction of officers, etc
135 Failure to comply with Act, etc
136 Defence for persons charged with breach of duty or failure to comply
137 Presumptions as to dual operator butchers
138 Presumption as to possession for sale, etc
139 Proof of compliance with Act
141 Presumption as to authority
142 Liability of body corporate
143 Liability of directors and managers of companies
144 Liability of companies and persons for actions of agent or employee
145 Offences generally punishable on summary conviction
147 Application for compliance order
148 Notification of application
152 Change or cancellation of compliance order
153 Compliance with compliance order
155 Appeals to Court of Appeal or Supreme Court
Part 11
Miscellaneous provisions
Identification and related systems
158 Identification systems and devices
Recordkeeping requirements and use of information
160 Records to be available for inspection, etc
161 Disclosure of information for purpose of ensuring product safety, etc
162 Right of review of certain decisions made under delegated authority
Consultation, notification, etc
163 Consultation requirements for making of certain Orders in Council, specifications, etc
164 Notification of certain matters
165 Service of individual notices, etc
165A Directions, etc, to non-Ministry persons with functions under Act
168 Incorporation of material by reference into regulations, notices, and orders
Repeals, amendments, and transitional provisions
169 Repeals, amendments, and transitional provisions appear in Animal Products (Ancillary and Transitional Provisions) Act 1999
An Act to replace the Meat Act 1981 and the Dairy Industry Act 1952, and to reform and restate the law relating to the processing of animal material into products for use, trade, and export
Title: amended, on 1 June 2005, by section 3 of the Animal Products Amendment Act 2005 (2005 No 26).