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General Structure of the Animal Products Act

January 2006

Animal Products Act 1999
Information Pamphlet

The general structure of the Animal Products Act is as follows:

Part 1 contains the object for the Act, the general scheme of the Act and includes provisions indicating the general application of the Act. It also contains the definitions. The Animal Products Act has covered dairy processing since 1 June 2005.

Part 2 contains the provisions relating to the establishment of risk management programmes. All primary processors of animal material and products, dairy processors, dual operator butchers and certain secondary processors of animal products for human or animal consumption, are required to operate under registered and independently verified risk management programmes. These can be based on an industry Code of Practice or individually tailored to specific operations.

Part 3 makes provision for the imposition of regulated control schemes. These will be used when individually tailored risk management programmes are impracticable or inappropriate. These schemes may be an alternative or a supplement to individual risk management programmes.

Part 4 provides for the establishment of New Zealand animal product standards that set criteria to be met so that particular animal products can be treated as fit for their intended purpose. Also technical specifications can be set by via Director-General Notices to amplify those standards.

Part 5 makes special provision in relation to the export of animal material and products from New Zealand, by—

a. Requiring the registration of all exporters of animal material and products intended for human or animal consumption, and certain other animal products (subject to exemptions); and

b. Enabling the notification of export requirements; and

c. Providing for official assurances in relation to animal material or products exported from New Zealand.

Part 5A covers game estates. Game estates that are supplying animal material for processing and trade are required to be listed with the NZFSA and the game estate is required to have at least one person who is certified as having a basic knowledge and competency regarding animal health and environmental contaminants. Part 5A was inserted by the Animal Products Amendment Act 2002.

Part 6 makes special provision for the treatment homekill or recreational catch. It allows animal owners involved in the day-to-day maintenance of their animal to kill, butcher and consume their own animals on their own property. Animal owners and recreational hunters may also engage the services of persons listed with MAF as homekill or recreational catch service providers. Homekill and recreational catch service providers do not need risk management programmes. Homekill and recreational catch products for human or animal consumption cannot be traded. Part 6 also covers dual operator butchers which are butchers that provide both a homekill and recreational catch service and a retail butchery trading at the same premises or place. Dual operator butchers are required to have risk management programmes.

Part 7 contains the powers for the Director-General, animal product officers and official assessors. This Part contains provisions enabling the notification of requirements for declarations and the imposition of movement and related controls.

Part 8 establishes the processes for recognising agencies and recognised persons to perform certain functions under the Act. To be recognised by the Director-General, criteria must be met. Both recognised agencies and recognised persons are subject to duties.

Part 9 covers cost recovery. Fees and charges have been set and published in regulations.

Part 10 contains the offence and penalty provisions. These are comprehensive and include several presumptions necessary for the practical application of the Animal Products Act. The penalties are significant and reflect the responsibilities that underpin the risk management system.

Part 11 contains the miscellaneous provisions and is essentially about administration.

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.