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Exporter Registration under the Animal Products Act

The object of the exporter provisions in the Animal Products Act is to facilitate overseas market access for animal material and products exported from New Zealand by:

• providing that the requirements of foreign governments, as agreed by New Zealand, are met on exportation; and

• providing for systems to be maintained to provide and safeguard the assurances required by foreign governments for animal materials and products.

As a means of facilitating the above two aims, registering exporters of animal material and products. Risk management system compliance, and the meeting of any overseas market requirements, as agreed by New Zealand, is the responsibility of the exporter.

Who is required to be registered as an exporter?

The basic position is that 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 Animal Products (Exemptions and Inclusions) Order 2000 as follows:

A. Inclusion

Exporters of glands or bile of any animals, animal blood or blood products, and deer velvet or deer velvet products must be registered as exporters whether or not the material or products are intended for human or animal consumption.

B. Exemptions

• No exporter of dairy produce only is required to be registered under the Animal Products Act, and exporter duties will not apply (see section 50 of the Animal Products Act). Note that this does not prevent the issuing of an official assurance under the Animal Products Act in respect of any product that is or contains both animal product and dairy produce.

• Exporters of fish caught in the EEZ but not landed in New Zealand will not need to be registered.

• Also the following consignments are exempted from coverage of Part 5 of the Animal Products Act so exporters of such consignments do not need to be registered–

• 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).

• Persons specifically exempted from the requirement to register as an exporter are–

• 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.
• Persons travelling taking animals, animal material or animal product as personal baggage.

What criteria need to be met to register as an exporter?

The NZFSA will register exporter applications and renewals that are properly made, accompanied by the appropriate fee and meet the following criteria:

• neither the applicant, nor any director, or manager of the applicant, whether in New Zealand or overseas, has been convicted 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;

• there has not been a serious or repeated failure by the applicant to comply with the exporter duties;

• there are no good grounds for considering that the applicant is likely in the future to fail to comply with the exporter's duties;

• The exporter is a New Zealand resident or has a (named) agent who is a New Zealand resident. (See section 54)

Exporter registration cannot be transferred between persons. Any major change in the ownership or control of an exporting business will require separate registration of the new (or changed) business. In the situation where a foreign exporter has a New Zealand agent, the registration is in the name of the agent (who is accountable) and the foreign exporter is also included for reference.

What is required in an application?

Application must be made on the approved form available from:

New Zealand Food Safety Authority
Telecom House, 
South Tower
68-86 Jervois Quay
PO Box 2835
WELLINGTON

http://www.nzfsa.govt.nz/animalproducts/forms/

Registration will be subject to annual renewal. This is for the purposes of ensuring that the register is up-to-date. MAF will endeavour to send out renewal forms to registered exporters in advance of the renewal date, but the responsibility rests with the exporter. An annual fee will be payable.

Failure to renew will lead to de-registration after 30 days. (See section 57).

Disclaimer:

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.