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Risk Management Programme Manual for Animal Product Processing

8 Ceasing Registration of an RMP

Amendment 3

October 2009

8.1 Introduction

The section provides guidance for when your RMP ceases operating or your business is removed from the coverage of a multi-business RMP. You will need to give consideration to the control and disposition of any remaining animal material and animal product. If only part of your RMP ceases operation, you should consider any impact on the part of your RMP that is still operating.

8.2 Surrender of Registration

(Section 29 of the Animal Products Act)

Where you choose to surrender your registered RMP (permanently as opposed to seasonal closure), you (or, where appropriate, the liquidator, receiver, executor, or other successor to title of the operator) must, within 30 days of cessation:

• notify NZFSA in writing (the AP50 form may be used for this), and include how any remaining animal material or product covered by the registered RMP will be dealt with

• surrender the notice of registration to NZFSA; and

• notify the appropriate recognised (verifying) agency.

NZFSA must confirm agreement with your proposal for dealing with the remaining animal material or product. Alternatively, NZFSA may direct you to take appropriate action to deal with any affected animal material or product, or may use animal product officers or other NZFSA employees to act on their behalf. All associated costs will then be recovered from you (section 82 of the APA).

Where you are surrendering an RMP registration for manufacture of export eligible product that will require official assurances, it will no longer possible to raise an eligibility document for animal product from your premises. To overcome this, you need to ensure that prior to surrender of the RMP, eligibility documents are raised for all animal product that you intend to be exported.

Should you choose to leave the coverage of a multi-business RMP you must notify NZFSA of your business details and provide evidence in writing that you have the consent of the person whose business it affects. However, if NZFSA has approved an alternative means by which businesses that make up the multi business RMP had been approved, no notification is necessary, so long as the conditions of registration are met.

NZFSA will notify the relevant territorial authority (section 32 of the APA) when a surrender involves a secondary processor who has elected to operate under an RMP rather than under the Food Act regime.

8.3 Suspension of Registration

(Section 27 of the Animal Products Act)

NZFSA may suspend part of, or the whole operation (including one or more businesses under a multi-business RMP) from a registered RMP for a period of up to 3 months if there are reasonable grounds to believe that the:

• RMP may not be or is no longer effective; and/or

• animal product produced under the RMP does not meet the requirements of the APA.

NZFSA must notify the recognised verifying agency of any suspension of an RMP. The suspension may be notified in the Gazette. You will be given a written notice of the suspension, specifying the following:

• the reason for the suspension

• the period of the suspension

• the date and time of commencement of the suspension (which may not be earlier than the date and time of notification)

• the operations to which the suspension applies; and

• any conditions or requirements in relation to the suspension.

Where a person acting under the delegated authority of the Director-General suspends any operations, you may seek a review of the suspension by applying in writing to NZFSA within 30 days of notification (section 162 of the APA).

NZFSA may direct you to take appropriate action to deal with any affected animal material or product, or may use animal product officers or other NZFSA employees to act on their behalf. All costs associated with this will be recovered from you (section 82 of the APA).

If there are reasonable grounds, the period of suspension may be extended for an additional 3 months. NZFSA must notify you in writing of an extension to the period of suspension, before the expiry of the original suspension. However, this extension can only take place after you have been notified of the proposed extension and the reasons for it, and have had a reasonable opportunity to respond.

8.4 Deregistration of the RMP

(Section 28 of the Animal Products Act)

NZFSA may deregister an RMP or remove any animal product business from the coverage of a multi-business RMP if:

• repeated suspensions have occurred

• a serious failure of operations has occurred

• the fitness for intended purpose of the animal product is in doubt

• you are not considered fit to continue operating your RMP; or

• your RMP has ceased to be relevant to your current operations.

Where NZFSA intends to deregister your RMP or remove your business from the coverage of a multi-business RMP, oral or written notice of the intention will be given to you, giving reasons. You must be given the opportunity to respond.

When NZFSA decides to deregister your RMP or remove your business from the coverage of a multi-business RMP, written notice will be given to you, with reasons and specifying the date that deregistration or removal takes effect. The deregistration date must not be earlier than the date of notification. Notification of deregistration or removal will also be given to your recognised RMP verifying agency. NZFSA may notify any deregistration in the Gazette.

If a person acting under the delegated authority of the Director-General deregisters your RMP or removes your business from the coverage of a multi-business RMP, you may seek a review of the decision by applying in writing to NZFSA within 30 days of notification (section 162 of the APA).

NZFSA may direct you to take appropriate action to deal with any affected animal material or product, or may use animal product officers or other NZFSA employees to act on their behalf. All costs associated with this will be recovered from you (section 82 of the APA).