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Overseas market access requirements

It is important to ensure a consistent New Zealand response to any country's particular set of market access rules. Without this, the credibility of New Zealand assurances and the reputation of its products in that foreign market, and therefore future access to that market, will be at risk.

For this reason the Act (sections 60 and 61) gives the Director-General the following functions and responsibilities relating to overseas market access for animal material and product exports:

• Negotiating market access requirements and determining the requirements to be met by various categories of animal products to various countries (as agreed by New Zealand).

• Making those requirements available to processors, exporters, verifiers, and other parties with a need to know. Market access requirements may relate to aspects of hygiene and food safety or animal health protection, or to administrative procedures, e.g. country listings, degrees of supervision, labelling, certification arrangements.

• Where necessary, applying additional controls to meet market access requirements (e.g. hormone growth promotants in cattle controls for product to EU).

• Advising processors, verifiers, and others with a need to know where adjustments to risk management programmes or verification arrangements are necessary for market access.

• Designing the format of the assurances (and, usually, supporting systems and verification) and agreeing them with officials of the importing country.

• Issuing directions to ensure that particular assurance requirements are met (e.g. listing certifying veterinarians for Italy).

There will be occasions when new markets and/or access conditions arise unexpectedly and the existing published overseas market access requirements do not contain the necessary information. In these circumstances, a new or revised overseas market access requirement will need to be constructed in discussion between MAF Food, the exporter and, where necessary, officials of the importing country. The Director-General will need to consider such matters as:

• the information received relative to the market access requirements;

• the availability of confirmation of requirements via diplomatic routes or by direct contact with the Government concerned; and

• whether the assurance requested is sustainable and verifiable.

General requirements for animal product or material exports

The Animal Products Amendment Act 2002 inserted a provision into the Animal Products Act enabling the notification of general requirements that must be met in relation to all or any classes of animal material or animal product intended for export.

General requirements cover such things as –

• material and product packaging, labelling, and branding;
• the use of seals on cartons and containers, and other restraints on material or product;
• the use of conveyances, equipment, storage;
• the handling of categories of animal materials and products with special risk characteristics; and
• any requirements relating to the preparation of animals for live export.

How can the overseas market access requirements be obtained?

Registered exporters and others with a 'need to know' will have access to the published overseas market access requirements. These will be available on the NZFSA website under the heading of "Overseas Market Access Requirements".

http://www.nzfsa.govt.nz/animalproducts/publications/tds/index.htm

How is the Australian market treated?

Businesses releasing products for sale in the domestic market (including Australia) need to take into account food composition and labelling standards under the Food Act 1981 or the Australian Food Standards Code or the Joint Code by FSANZ.

The basic principle under the Trans-Tasman Mutual Recognition Agreement is that complying New Zealand products are deemed to meet Australian requirements (and vice versa). Nevertheless some additional requirements will continue, particularly where the animal health status of the two countries differs. Any additional requirements will be included in the overseas market access requirements.

The sale of product to Australia is still considered export. Exporters will need to be registered, (unless exempt). Dual operator butchers are prohibited from exporting product, including export to Australia.

In the interests of ensuring that the Overseas Market Access Requirements are as up-to-date and valid as possible, all exporters are strongly advised to keep MAF/NZFSA informed of any information they may receive regarding new requirements, or the way in which countries administer their requirements.

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.