Domestic Food Review - Policy and Related Implementation Position Paper

Appendix 2: Food Sectors Excluded from the Transition Policy

Animal and wine products

Primary process animal products, secondary process animal products requiring official assurances for export, and wine products are covered in New Zealand by the Animal Products Act 1999 and the Wine Act 2003 respectively. As these Acts were developed within the risk-management framework, these sectors (as described in the following tables) are generally considered exempt from the application of Food Control Plans, National Programmes or Food Handler Guidance under the proposed Food Act for those parts of their operations covered by the Animal Products Act 1999 and the Wine Act 2003.

Those with Food Safety Programmes registered under the Food Act 1981 and those who choose to come under the Food Act will be affected by relevant requirements of the new food regulatory regime.

Sectors covered by the Animal Products Act 1999 that do not produce food for human consumption are not affected by the Domestic Food Review and are excluded from the tables below.

a) Exclusion due to requirement to operate with a Risk Management Programme

Food Sector	Sub-sector	Description/example
Red meat operations (including game, ostriches and emus)	Primary Processors	Slaughter and dressing
Red meat operations (including game, ostriches and emus)	Secondary processors	Requiring official assurances
Seafood operations (including fin fish and shell fish)	Primary processors Excludes primary processing on promises where fish is for retail sale	Heading, gutting
Seafood operations (including fin fish and shell fish)	Secondary processors	Requiring official assurances
Dual operator butchers	Secondary processors	Processors of both home kill and regulated material
Deer velvet processors
Poultry processors	Primary processors	Slaughter and dressing
Poultry processors	Secondary processors	Requiring official assurances
Egg producers	Primary processors Excludes primary processors with <100 hens who sell direct to the public – see table (e)	Harvesting and candling/packing of eggs
Egg producers	Secondary processors	Requiring official assurances – mostly limited to cracking and pasteurisation
Export honey and other bee product processors	Secondary processors	Requiring official assurances
Pharmaceutical and biological processors		Requiring official assurances. Examples: gelatine, rennet
Animal products stores		Requiring official assurances
Farm dairy operators		Milking animals, including cows, sheep , goats

b) Exclusion due to requirement to operate with a Risk Management Programme or a Food Safety Programme

Note: Registered Food Safety Programmes will be deemed Food Control Plans initially and then aligned with Food Control Plans in accordance with the transitional arrangements.

Food Sector	Description/example
Cream products manufacturers	Butter, butter oils, cultured butter, dairy spreads, AMF
Dried dairy product manufacturers – milk powders	Skim milk powder, buttermilk powder, whole milk powder, nutritional (fortified) milk powder, cream powder, yoghurt powder
Dried dairy product manufacturers - protein products	Caseins, caseinates, total milk proteins, milk protein concentrates and isolates, whey powders, whey protein concentrates, whey protein isolates, hydrolysates
Liquid milk and Cream processors	Manufacturers of pasteurised milk or cream, flavoured milk, UHT milk
Dried dairy product manufacturers	Milk powder, casein, whey powder, cheese powder
Cheese Manufacturers	Hard grating cheese, cheddar, mozzarella, brie, blue vein, camembert, cottage cheese, cream cheese, feta, quarg
Cultured milk products Manufacturers	Yoghurt, yakult, drinking yoghurts, frozen yoghurt, kefir
Dairy based dietary supplement producers	eg, colostrum tabulating
Dairy product stores	Storage, warehousing, etc.
Dairy packing operations	Includes repacking
Butter, butter oils and dairy spreads	Butter, cultured butter, AMF
Frozen milk products manufacturers	Ice cream in tubs, cones or bars
Specialist Dairy manufacturers	Co-packers, manufacturers of dairy whip, lactose manufacturers
Dairy transporters
Fish trader – domestic	Where fish is sold by a combination of wholesale and retail sale

c) Exclusion due to requirement to operate with a regulatory programme developed by risk-management principles (eg, Regulated Control Scheme)

Food Sector	Description / Example
Limited process fishing vessels
Bivalve molluscan shellfish – growing & harvesting
Fish depots	Temporary holding or storage of fish en route to a primary processor or direct to retail premises
Risk Management Programme transporters	Transport of animal material between Risk Management Programme premises Note: all other distributors and transporters will be covered by the new Food Act, refer table 3.4

d) Exclusion due to requirement to operate with a Wine Standards Management Plan

Food Sector	Description / Example
Wine maker & Suppliers of associated ‘commodity inputs’ (eg, wine grape growers)	Grape wine, fruit and vegetable wine, cider and mead

e) Exclusion due to coverage by Animal Products Act 1999, or risk-management decision not to require operation in accordance with Risk Management Programme or Regulated Control Scheme

Food Sector	Description / Example
Apiarist/beekeeper	Hive activities not requiring a Risk Management Programme
In-shore fishing vessel	Vessels currently not requiring a Risk Management Programme or Regulated Control Scheme
Egg primary processing <100 hens	All eggs sold direct to the consumer or end user; and not sold to any ‘food business’ for further sale
Raw deer velvet collection	Harvesting, collection, storage, grading, or transport
Certain tourist or charter fishing vessel operators and fishing guides	Caught fish or seafood. Catering by the tourism or charter operator will be covered by the new Food Act.
Whitebait	Catching or harvesting, chilling, washing, storage, and sale for consumption or processing
Muttonbird primary processors	Harvesting and preparation for human consumption
Airline holding facilities operators	Temporary holding of goods for export by air during aircraft loading and unloading procedures if the facilities are within the confines of the airport and adjacent to the tarmac

f) Exclusion due to coverage by Animal Products Act 1999, or risk management decision not to require operation in accordance with Risk Management Programme or Regulated Control Scheme

Food Sector	Description / Example
Home-kill and recreational catch service providers (other than dual operator butchers)	Slaughter and/or processing services to animal owners who have been actively engaged in the day-to-day maintenance of the animal; or processing services for recreational hunters and harvesters to get product for human or animal consumption (eg, dressing and butchering of killer animals)
Fish – temporary holding and storage places	Temporary holding, storage, or transport of fish pending their transport; or delivery to the premises of a primary processor of fish
Primary production of animals for red meat, fish and poultry material	Farming of animals; does not include farm dairies or bivalve molluscan shellfish growing/harvesting

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