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Legislation – what it means for animal products exporters

To export animal products to most major markets, you need to operate under the Animal Products Act 1999 and its subsequent amendments. Dairy products have been covered by the Animal Products Act since 2005.

Animal product definition and examples of animal products

In some instances you can export animal products under the Food Act, for example, dairy products to Australia. See the ‘premises requirements’ section of ‘Sourcing animal products for export’.

Sourcing animal products for export

Food Act 1981

However, in the majority of cases you need to operate under the Animal Products Act. If you wish to be able to export your products to a number of markets we recommend you consider operating under the Animal Products Act from the start.

The Animal Products Act 1999

The Animal Products Act 1999 is New Zealand’s legal framework for processing animal material. It aims to protect human and animal health and facilitate access to overseas markets.

The Animal Products Act establishes a risk management system for processing all animal products that are traded and used (including those for export) to be ‘fit for intended purpose’. There are five main types of risk management control:

1. risk management programmes (RMPs)

2. regulated control schemes (RCSs)

3. export requirements (includes OAP and GREX)

4. market-specific export requirements (includes OMARs)

5. recognised agencies and persons.

These risk management systems ensure that official assurance claims can be substantiated, maintaining the integrity of New Zealand as a trading partner and the New Zealand Food Safety Authority’s reputation as a competent authority.

Within the animal products legislation there are three main levels of requirements:

1. Primary level – covered by the Animal Products Act and subsequent amendments

2. Secondary level – covered by regulations

3. Tertiary level – covered by notices (this includes specifications)

Exporters need to be familiar with all levels of the legislation, but much of the detail of the requirements is covered by specifications and notices. Specifications and notices are issued to outline requirements you must meet under the Animal Products Act. You need to ensure that you meet all of the requirements relevant for your product and those for export.

The Animal Products Act and subsequent amendments

Regulations - for animal products excluding dairy

Regulations - for dairy products

Specifications/notices - for animal products excluding dairy

Specifications/notices - for dairy products

Overseas market access requirements (OMAR) – animal products excluding dairy

Overseas market access requirements (OMAR) – dairy products

GREX list

Duties of an exporter

If you intend to export you will need to be export registered and meet the duties of an exporter under the Animal Products Act 1999.

As an exporter, your duties are to:

• ensure that your operations comply with the Act

• export only animal material or animal products that meet the relevant animal product standards, specifications and export requirements

• notify the New Zealand Food Safety Authority as soon as possible (and no later than 24 hours after the event or first knowledge of the event), when animal material or products exported (or to be exported):

- are not fit for their intended purpose

- have been refused entry by a foreign government

- no longer meet the market access requirements

- do not have the required official assurances.

• maintain procedures and processes so that the export animal products record keeping requirements are being complied with and compliance can be demonstrated.

Contact

Please include your geographical region so we can direct your enquiry to the correct person.

export.animalproducts@nzfsa.govt.nz

Last updated 13 May 2009