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Exporter obligations under the APA regarding storage of dairy material or dairy product: Information Pamphlet

Animal Products Act 1999

June 2008

We have recently been made aware that some transport companies may be temporarily storing dairy material or dairy product in facilities which do not currently operate under a dairy Risk Management Programme (RMP).

For clarification, all primary processors (including cold and dry stores) of dairy material and products intended for human or animal consumption are required to have an RMP. However, businesses which are covered by the Food Act regime, such as those that only handle domestic products, are exempted from this requirement.

Eligibility for export of dairy product from New Zealand requires the dairy material and product to be under the control of an RMP from the point of harvesting through to the point of export. This applies to farms, manufacturers, transporters, stores and freight forwarders. The only exemption is for product transiting through airport property: see Animal Products (Exemptions and Inclusions) Order 2000 clause 11G and the Animal Products Official Assurance Specification 2005 clause 20. The conditions set out in these are very specific, and applicable only to airline holding facilities within the confines of the actual airport.

Existing dairy product currently held in a non registered store/facility hence outside the control of an RMP, is deemed to be non-conforming and is not considered to be eligible for export. Any dairy material or product which is found to be located at a store/facility not operating under a dairy RMP must be placed on hold by the exporter and an exception report submitted to NZFSA. The exception report needs to record the following detail;

- current location of the non conforming product

- exporter (ID)

- premises of manufacture (premises ID)

- manufacture date or cypher

- product type (soft cheese/yoghurt/UHT milk etc.)

- product specification or identifier

- unit/batch or lot number

- quantity

Following this, an application requesting product disposal (which is defined as proposed intended use) should be submitted to NZFSA. It must contain a justification for release to intended use, and the intended use must be specified in detail.

Exception reports and product disposal applications should be directed to Alisa Bradley, Programme Manager (Verification) alisa.bradley@nzfsa.govt.nz +64 4 894 2416.

Note for facilities currently without a Risk Management Programme -

The code of practice for cold and dry stores has been developed by the New Zealand Food Safety Authority (NZFSA), in consultation with an industry working group, to assist store operators meet the requirements of the Animal Products Act 1999 and to ensure that animal products processed and/or stored in their premises are fit for their intended purpose. In particular, it provides guidance for meeting the requirements for the development, registration and implementation of risk management programmes (RMP). http://www.nzfsa.govt.nz/animalproducts/publications/code-of-practice/stores/index.htm

This COP applies to stand-alone cold stores and dry stores whose primary operation involves the refrigerated or ambient storage of animal products, including dairy.

This code of practice does not apply to the following:

• freezers or chillers, and other storage facilities covered by an RMP where freezing or chilling is just one of a series of processing steps for the production or manufacturing of an animal product;

• facilities for the storage of raw milk (e.g. milk storage stations, bulk silos at rail heads, collection points, on-farm silos); and transport operators who are not store operators and do not transport dairy.

This code of practice has been developed based on New Zealand requirements only and does not cover overseas market access requirements. Exporters must ensure that they meet the overseas market access requirements relevant to their product and intended market.

Exporters must ensure that the transport companies they are using comply with the above requirements.

Exporters should be aware that if these requirements are not complied with, product may not be eligible for export.

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.