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Animal Products Act Coverage

January 2006

Animal Products Act 1999
Information Pamphlet

The Animal Products Act establishes a risk management system that requires all animal products traded and used to be fit for intended purpose. This means they must meet New Zealand animal product standards.

The Animal Products Act is about the effective and efficient management of known physical, biological and chemical hazards that might present a risk, irrespective of where in the production/processing chain they occur. It also intends to ensure that products produced under the Act are wholesome and true to label.

The risk management system potentially covers operations from production and harvesting through processing, transportation, storage, to the domestic market or export for all animal materials and products. For exports it also enables the notifying of export requirements and the issuing of official assurances.

The policy for the Act is to cover all animal material and animal products. Then the Act allows specific exemptions. The basis for providing exemption is normally that the animal material or product is covered by other legislation or because the risks are negligible.

Products and material to which Act generally applies

Section 7 of the Animal Products Act says that the Act applies to all animal material and products, whether intended for human or animal consumption (eg petfood) or other purposes, throughout the value chain from production and processing to trade or export. Animal material means any live or dead animal, or tissue or other material taken from any mammal, bird, finfish, shellfish, reptile, amphibian, insect or invertibrate. For clarity this section mentions specifically that animal products may also be foods within the meaning of the Food Act and that the Animal Products Act covers homekill and recreational catch.

Dairy — dairy material has been regulated under the Animal Products Act from 1 June 2005.

Total exemption from the Act: New Zealand’s exclusive economic zone

The Animal Products Act applies to the exclusive economic zone, but does not apply to the processing of fish on any fishing vessel within the exclusive economic zone that is not registered under the Fisheries Act unless the vessel is used to harvest farmed finfish or shellfish.

This statement has been further clarified by the Animal Products (Exemptions and Inclusions) Order 2000. In clause 4 of this Order, certain fish taken in New Zealand's exclusive economic zone are excluded from the Animal Products Act in entirety. In summary the Order says:

Fish taken in the exclusive economic zone and any animal product derived from such fish, are exempt from the requirements of the Animal Products Act if:—

a. the fish are taken by a foreign fishing vessel; and

b. the fish, or animal product derived from the fish, are not landed in New Zealand; and

c. the fish, or animal product derived from the fish, are not claimed to be New Zealand fish or product.

Being ‘landed’ in New Zealand does not include straight out ship to ship transfer; or when necessitated by vessel breakdown, weather or sea conditions, or other unavoidable circumstances; or when landed solely to meet Fisheries Act requirements.

Producers, harvesters and hunters

Please refer to the separate Information Pamphlet entitled Producers, harvesters and hunters.

Processors

The Animal Products Act states that all primary processors of animal material must operate under a risk management programme. While this statement should be clear for most, it is advisable to check:

• the definition of primary processor — see section 4 of the Animal Products Act and the Animal Products (Definition of Primary Processor) Notice 2000; and

• the exemptions and inclusions — see Animal Products (Exemptions and Inclusions) Order 2000.

Definition of Primary Processor

The Animal Products Act defines primary processor as a person who, for the purposes of trade—

a. slaughters and dresses mammals or birds; or

b. dresses mammals or birds that are killed wild animals or are killed as if they were wild animals; or

c. removes or extracts or harvests any animal material from live animals for the purpose of processing for human or animal consumption; or

is a dairy processor; or

d. in the case of—

i. finfish or shellfish, or animal material derived from finfish or shellfish; or

ii. a mammal or bird, or animal material derived from a mammal or bird, if in the opinion of the Minister it is appropriate that the primary processing of that mammal or bird or animal material should extend beyond the matters referred to in paragraphs (a) and (b); or

iii. any other animal, or animal material derived from any other animal,—

processes those animals or that animal material to the extent specified by the Minister by notice in the Gazette after appropriate consultation in accord with the Act and after having regard to the following matters:

iv. industry practice in relation to the animal material concerned:

v. the degree of processing and number of processing operations required in relation to the animal material:

vi. the risk factors involved in processing the animal material:

vii. whether or not the processing of the animal material is or may be appropriately addressed by any legislative regime other than this Act:

viii. such other matters as the Minister considers relevant in the particular circumstances;—

but does not include hunters.

[Note—’’dairy processor'' means a person who, for reward (otherwise than as an employee) or for purposes of trade, carries out dairy processing; and—

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:

vi. 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]

The Gazetted Animal Products (Definition of Primary Processor) Notice 2000 adds to this the following—

• for avian eggs that are processed for human or animal consumption, primary processing also includes the candling of those eggs as well as harvesting;

• for deer velvet, drying the velvet, slicing it, grinding it and preserving it is also primary processing as well as the velvet’s removal/harvesting;

• for fish processing on-shore, primary processing occurs at the place where the first methodical assessment of the suitability of the fish for processing is made and the fish are actually processed. Specifically, primary processing includes:

• the deheading, gutting, or filleting of finfish;

• the tubing of squid;

• the wet storage, depuration, or shucking of shellfish;

• the removing of roe from kina;

• the holding of crustaceans live (otherwise than in a marine farming operation), or their tailing;

• in relation to fish to be sold whole or after processing at sea, any steps (including washing, chilling, freezing, or packing) taken to ensure their delivery to a buyer in good condition;

• for fish processing at sea, primary processing includes:

• the filleting of finfish (but not their mere deheading, gutting, or scaling); and

• in respect of fish of any species processed at sea for the purposes of export that are not to be delivered to an on shore primary processor, any other process normally applied to fish, including washing, chilling, freezing, and preserving, deheading, gutting, scaling, and tubing, packing, transport, and storage.

Exemptions from Parts 2, 3 and 4 of the Animal Products Act

Parts 2, 3 and 4 together make up the main control mechanisms in the Animal Products Act’s risk management system. Part 2 relates to risk management programmes; Part 3 to regulated control schemes; and Part 4 to the setting of NZ animal product standards.

The Animal Products (Exemptions and Inclusions) Order 2000 contains several specific exemptions and inclusions relating to who is required to have risk management programmes, which exporters are required to registered etc, it also exemptions certain products from coverage of Parts 2, 3 and 4 of the Animal Products Act.

Medicines

Secondary processors of medicines and related products covered by the Medicines Act 1981 are exempted from the coverage of Parts 2 to 4 of the Animal Products Act. Secondary processing of animal products for the purpose of manufacturing, packing or labelling, or selling or supplying any cosmetic or dentifrice or food that is a related product within the meaning of section 94 of the Medicines Act 1981 is included in this exemption.

Agricultural compounds and veterinary medicines

Agricultural compounds and veterinary medicines covered by Agricultural Compounds and Veterinary Medicines Act 1997 are from the coverage of Parts 2 to 4 of the Animal Products Act. The detail of this exemption relates to its application to agricultural compounds regarding importation, manufacture, sale, or use.

Both these general exemptions are qualified in that the export provisions of the Act apply where official assurance under the Animal Products Act are needed for trade.

Summary of Who Does and Does Not Need to have a Risk Management Programme

All primary processors of animal material will need to have risk management programmes, including:

• mammal and bird primary processors;

• dairy processors;

• secondary processors of animal products intended for human consumption, except to the extent that they are subject to the Food Act regime or Medicines Act;

• secondary processors of animal products intended for animal consumption, except to the extent that they are subject to the Agricultural Compounds and Veterinary Medicines Act;

• avian egg processors, deer velvet processors, and fish processors (as defined in the Animal Products (Definition of Primary Processor) Notice 2000);

• renderers and blood-drying operations for mammals and birds; and

• dual operator butchers must have a risk management programme that includes certain additional matters — see section 71 of the Animal Products Act.

People and/or operations NOT needing risk management programmes:

• Primary producers—including activities like skinning, shearing or plucking of mammals and birds; and the collection or extraction of reproductive material;

• The following have been exempted:—

• Certain fish caught in the New Zealand Exclusive Economic Zone;

• Secondary processors covered by the Medicines Act, Agricultural Compounds and Veterinary Medicines Act or Food Act;

• Primary processing of animal material for purposes other than human or animal consumption eg skinning and shearing;

• Animal food processed in accordance with the Food Act regime eg meat pieces bought from a supermarket as petfood;

• Fish on retail premises and fish sold by a combination of retail and wholesale where the trader has a food safety programme under the Food Act regime;

• Temporary holding and storage places for fish;

• Processors of (only) fish bait, berley, chum or ground bait;

• Charter or tourist fishing vessel operators and fishing guides;

• Persons catching and harvesting whitebait;

• Mutton bird primary processors;

• Primary processors of eggs that have less than 100 female birds and sells only directly to the consumer/end user;

• Airline holding facility operators;

• Harvesting, collecting, grading, storage and transport of deer velvet;

• Apiarists; and

• Taxidermy operations.

• Homekill and recreational catch service providers; but they need to be listed with the NZFSA.

• Game estates; but under Part 5A of the Animal Products Act, those game estates wishing to supply animal material for trade need to meet certain requirements including being listed with the NZFSA.

• Exporters; but again there is a listing requirement under Part 5 of the Act.

Exporters

No person may export from New Zealand any animal products intended for human or animal consumption or any other animal material and products that are subject to market access requirements needing an official assurance, unless they are registered as an exporter.

This basic position is modified by the following:

Exemptions

Persons exempt from the requirement to register as an exporter:—

• An owner of an animal who exports that animal live for non-commercial purposes.

• A person exporting a sample of animal material or animal product for scientific or analytical examination, if the person is not primarily in the business of sending samples for examination overseas for the purposes of trade or reward.

Consignments exempt (subject to official assurances) from the application of Part 5 of the Animal Products Act:—

• multi-ingredient foods and other prepared foods which, despite containing 1 or more ingredients that are animal material or products, do not consist principally of animal material or products (for example, biscuits, cakes, bread, soups, sauces, snack goods, pastries, confectionery, and also prepared meals that do not consist principally of meat):

• food for the consumption on any vessel or aircraft of passengers, crew, and animals during transit by sea or air from New Zealand, being meals in a ready-to-eat state or other food for human or animal consumption (for example, airline meals, ships' stores, and feed for animals being transported).

Inclusions

Exporters of:

• glands or bile of any animals, animal blood or blood products;

• deer velvet or deer velvet products; or

• live animals, embryos, semen and ova where the export is for trade or reward;

must be registered as exporters whether or not the material or products are intended for human or animal consumption.

Overseas Market Access Requirements

A further consideration is the impact of overseas market access requirements (see Section 13(2) of the Animal Products Act). These may require persons, who would not otherwise be required to have a risk management programme, to have one to enable an official assurance to be given.

This publication is not a legal interpretation of the Animal Products Act or the Animal Products (Ancillary and Transitional Provisions) Act and is intended only as a guide.