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Animal Products Act 1999

Animal Products Act 1999 – Commencement of Part 2

17 November 2000

Principal Stakeholders

Most of the Animal Products Act commenced on 1 November 1999. Part 2 of the Animal Products Act, which relates to risk management programmes, will commence on 20 November this year.

This gives affected parties just under two years (the transition period ends 1 November 2002) to operate under registered risk management programmes.

When a business has a registered risk management programme, the regulations, orders, gazette notice, and Director-General specifications made under the Animal Products Act will apply.

Businesses that continue to operate under the Meat Act regime during the transition period, remain subject to the regulations, industry standards, circulars, technical directives, market access requirements that constitute that regime.

Overseas market access requirements are now being made under the Animal Products Act and apply to businesses whether they are licensed under the Meat Act regime or operating under a registered risk management programme.

The legal framework for risk management programmes

Regulations

On 20 November 2000, the following regulations come into effect:

• Animal Products Regulations 2000; and
• Animal Products (Ancillary and Transitional Provisions) Regulations 2000.

Orders in Council

On 20 November 2000, the following orders come into effect:

• Animal Products (Exemptions and Inclusions) Order 2000; and
• Animal Products Act Commencement Order 2000.

Gazette Notice

On 20 November 2000, the following gazette notice comes into effect:

• Animal Products (Definition of Primary Processor) Notice 2000.

All these legal instruments are now available on www.maf.govt.nz/animalproducts/. We recommend that these requirements be printed and read.

Specifications

It is intended that the following specifications, listed in order of priority, will be finalised and issued close to, 20 November 2000:

• official assurance specifications;
• evaluator specifications;
• specifications for products intended for human consumption (this includes specifications relating to animal product standards and operational requirements);
• risk management programme specifications; and
• specifications for recognised agencies, accredited persons including verifiers.

Attachment A sets out in more detail the key legal requirements that relate to risk management programmes.

Businesses should submit their completed, evaluated programmes to MAF by 31 July 2002 to allow adequate time for the application to be processed, and for possible alterations prior to registration, to ensure no interruption to operations. 

Further information

MAF is working on a range of information, including a Risk Management Programme Manual and Evaluator Guide to help businesses develop risk management programmes. This information is also being made progressively available on the MAF animal products website.

If you require information on risk management programmes and do not have Internet access, please contact Victor Walker 04 474 4193.

Yours sincerely 

(Signed)

Tony Zohrab
Director, Animal Products

Attachment A

Key requirements for risk management programmes

Introduction

The Animal Products Act 1999 reforms the New Zealand law that regulates the production and processing of animal material and products to:

• manage associated risks; and
• facilitate overseas market access.

The Animal Products Act 1999, except for Part 2, commenced on 1 November 1999. Part 2 of the Animal Products Act covers risk management programmes, and is effective as at20 November 2000.

On 20 November 2000 the Animal Products Regulations 2000 take effect. These regulations cover:

• animal product standards (for product, material and associated things);
• the supply of animal material for primary processing;
• independence of risk management programme evaluation;
• responsibilities of recognised agencies and accredited persons; and
• identification, security systems and devices.

Specifications made under section 167 of the Animal Products Act will come into effect around the same time, including:

• risk management programme requirements;
• operational requirements relating to
  • design and construction
  • hygiene and maintenance
  • personnel hygiene
  • competence of key personnel
  • calibration
  • corrective actions
  • packaging
  • labelling
• record keeping;
  • requirements for supply of animal material;
  • requirements for animal material depots;
  • requirements for specific animal materials and products; and
  • Listeria monitoring requirements for certain seafood products.

The Industry Standards and Industry Agreed Implementation Standards created under the Meat Act regime will continue to apply to premises licensed or approved under the Meat Act 1981. In the future, under the Animal Products regime, these "standards" will be re-worked into information (e.g. Codes of Practice) for businesses to develop their risk management programmes.

Risk management programmes

By 1 November 2002, all animal product primary processing businesses — except those exempt under the Act or the Animal Products (Exemptions and Inclusions) Order 2000 — must have a risk management programme.

The requirements for a risk management programme are covered in the MAF manual Risk Management Programme Manual: Volume 1.

Development and evaluation: It is each business's responsibility to develop a risk management programme(s) and to apply and maintain it. Independent evaluation of the programme is undertaken to ensure that the entire process will deliver animal products that are fit for intended purpose. Evaluators must be accredited under the Animal Products Act.

Registration of risk management programmes: Risk management programmes are to be registered with MAF. The operator is to submit the risk management programme (or RMP outline), the independent evaluation report with their application. Applications to register a risk management programme should be received at MAF by 31 July 2002 to allow time for the application to be processed prior to the end of the transition: 1 November 2002.

Application

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

• mammal and bird (including ostrich and emu) primary processors;
• secondary processors of animal products intended for human or animal consumption, except to the extent that they are subject to the Food Act regime;
• avian egg, deer velvet and fish processors (as defined in the Animal Products (Definition of Primary Processor) Notice 2000;
• renderers and blood-drying operations for mammals and birds—as required by the Animal Products (Exemptions and Inclusions) Order 2000; and
• dual operator butchers (butchers dealing in both homekill and retail meat).

People and/or operations NOT needing risk management programmes:

• Primary producers of animal products;
• Dairy produce (production and processing) as covered by the Dairy Industry Act 1952;

• The following have been effectively exempted by the Animal Products (Exemptions and Inclusions) Order 2000:—

• Certain fish caught in the New Zealand Exclusive Economic Zone;
• Products covered by the Animal Remedies Act 1967, Medicines Act 1981 and Agricultural Compounds and Veterinary Medicines Act 1997;
• Primary processing of animal material for purposes other than human or animal consumption e.g. skinning and shearing;
• Animal food processed in accordance with the Food Act regime;
• 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;
• Harvesting, collecting, grading, storage and transport of deer velvet;
• Apiarists; and
• Taxidermy operations.

Overseas Market Access Requirements

Under the Meat Act regime there is not always a clear distinction between the New Zealand standard and overseas market access requirements.

Under the Animal Products Act, all overseas market access requirements will be identified and issued (or re-issued) under section 60.

Transitional arrangements

To facilitate the development of risk management programmes by existing businesses, those businesses that have MAF approved HACCP plans or hazard identification and supporting systems will not need to have these re-evaluated if they are used as a component part of a risk management programme — see regulation 11 of the Animal Products (Ancillary and Transitional Provisions) Regulations 2000. However, other material that forms the risk management programme and the programmes overall effectiveness will need to be evaluated

This transitional arrangement applies only when a risk management programme is first registered. When a risk management programme is amended, or at the completion of the initial registration period of 3 years, the entire risk management programme will be evaluated.