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Administrative Manual

3 Sanctions

In the event that there is a problem with the activities of the supplier, there are different levels of sanctions that can be applied. These include suspect listing of suppliers, residue testing of carcasses, suspension or withdrawal of certification. The reasons for applying such sanctions include:

a. A supplier is found, through company or regulator audit, to have submitted false or misleading information;

b. A supplier is found to have repeated or serious residue violations;

c. A supplier has repeated or serious failures to meet the requirements of the legislation e.g. hygienic dressing, holding times and temperatures, use of listed animal material depots etc;

d. A supplier is convicted of an activity relating to the hunting of wild or game estate animals;

e. A supplier has failed to keep, maintain and operate in accordance with the approved Operations Manual;

f. A supplier fails an audit;

g. A supplier breaches any other responsibility that compromises food safety or animal product trade.

3.1 Suspect Listing

Any certified supplier or certified game estate supplier who has submitted live animals or carcasses for processing in which chemical residues exceeding the NZ tolerances have been identified will be placed on the Certified Supplier and Certified Game Estate Supplier Suspect List (Suspect List). The list contains the name, address and any other necessary details of those suppliers.

Additionally, where following an investigation, if it is found that areas of land need to have restricted hunting access due to their poisoning status, this will also be notified on the Suspect List. This information about restricted areas will also be available on the NZFSA website.

The list is distributed to NZFSA VA and ASURE New Zealand Limited. Updates of suspect listings are also sent to affected primary processors.

If a person is on the Suspect List, any subsequent carcasses or live possums submitted for processing are tested for residues and retained until the results of the testing is available. This can take up to 3 weeks. If the testing identifies chemical residues, the animal material is condemned.

For further details on the procedures for inclusion and removal from the Suspect List please contact the NZFSA.

3.2 Suspension of Certification

The Director General may suspend certification at any time if there are reasonable grounds to believe that the performance of the person is unsatisfactory with regard to the competencies required for certification or contravention of, or failure to comply with, the requirements of the legislation.

When suspending certification, the NZFSA will advise the supplier in writing of its intention, stating:

a. the reason for the suspension;

b. the date of commencement of the suspension;

c. the period of suspension;

d. any conditions to be applied to the suspension; and

e. the review process to appeal the suspension.

The supplier will be given an opportunity to be heard by making a written submission to the NZFSA. This must occur within an agreed timeframe and should state the reasons why the decision to suspend should be overturned.

This information will be reviewed by the NZFSA and a decision as to whether to remove the suspension, leave the suspension in place until further notice, or escalate the situation such that certification is withdrawn, will be made. The supplier will be notified of the outcome of any assessment in writing.

3.3 Withdrawal of Certification

The Director General may withdraw certification at any time if satisfied that the person has contravened or failed to comply with, the requirements of the legislation, that in the opinion of the Director General casts doubt on the person’s fitness or competency to undertake the role.

Reasonable grounds would include if an issue leading to a suspension of certification is not resolved to the satisfaction of the NZFSA or if an issue arises which is of sufficient concern that the NZFSA withdraws certification without first suspending it.

Where the NZFSA intends to withdraw certification, the supplier will be given a reasonable opportunity to be heard by making a written submission to the NZFSA. This must occur within an agreed timeframe and should state the reasons why the decision to withdraw certification should be overturned.

This information will be reviewed by the NZFSA and a decision made. The supplier will be notified of the outcome of any assessment in writing.

Where certification is suspended or withdrawn, no fees will be refunded.

3.4 Prosecution

Other actions under the Act are also available e.g. seizure of animal material and prosecution. These will be used where appropriate.