minimise and manage risks to human or animal health arising from the production and processing of animal material and products by instituting measures that ensure so far as is practicable that all traded animal products are fit for their intended purpose; and

facilitate the entry of animal material and products into overseas markets by providing the controls and mechanisms needed to give and to safeguard official assurances for entry into those markets.

Individual risk management programmes

Part 2 generally requires all primary processors of animal material and products, and certain secondary processors of animal products for human or animal consumption, to operate under registered and independently verified risk management programmes suitable to their own particular animal material, products, and operations, unless and to the extent that such a programme is deemed unnecessary by reason of—

Provision is also made for other persons involved with animal material or products to operate under risk management programmes where the risk factors involved, or the requirements of overseas markets, justify such a requirement:

Regulated control schemes

Part 3 makes provision for the imposition of regulated control schemes in the case of animal material or products or matters for which individually tailored risk management programmes are impracticable or inappropriate. These schemes may be an alternative or a supplement to individual risk management programmes:

Animal product standards

Part 4 provides for the setting of animal product standards that set criteria that must be met for particular animal products to be treated as fit for their intended purpose (whether or not those products are also produced under an individual risk management programme or a regulated control scheme):

Exports of animal material and products

Part 5 makes special provision in relation to the export of animal material and products from New Zealand, by—

Homekill and recreational catch

Part 6 makes special provision for the treatment of animals that are homekill or recreational catch, by—

establishing the New Zealand standards relating to animal products that determine fitness for intended purpose:

establishing and implementing regulated control schemes:

providing official assurances:

monitoring and auditing the risk management system:

addressing non-compliance.

references to the requirements of Parts 2 to 4 include references to the requirements of any regulations, standards, Ministerial orders, notices, or directions made or given for the purposes of those Parts; and similarly, references to the requirements of any other Part or provision include references to the requirements of any regulations, standards, notices, or directions made for the purposes of that Part or provision:

references to any regulations under, or made under, a particular Part include references to regulations made under any other section of this Act or section 25 of the Animal Products (Ancillary and Transitional Provisions) Act 1999, for the purposes of that Part.

a declaration under paragraph (b) of the definition of animal in subsection (1):

a notice under paragraph (d) of the definition of primary processor in subsection (1).

references to this Act include references to the Animal Products (Ancillary and Transitional Provisions) Act 1999, and to regulations or specifications or other requirements made or imposed under either Act:

references in other Acts to this Act also include references to the Animal Products (Ancillary and Transitional Provisions) Act 1999 and to regulations or specifications or other requirements made or imposed under that Act or this Act.

for complying with the requirement by using the JBMS; and

for the time being generally approved in writing by the Director-General.

must be notified via an Internet site that is, so far as practicable, publicly available free of charge; and

may be set out in rules under section 325 of the Customs and Excise Act 2018.

by using a JBMS; or

by using another means for the time being generally or specifically approved in writing by the Director-General.

all animal material, whether alive or dead, including the material of mammals, birds, fish, reptiles, amphibians, insects, and other creatures and entities:

all products, both edible and non-edible, derived in whole or in part from animal material, including products derived from mammals, birds, fish, reptiles, amphibians, insects, and other creatures and entities.

any animal material or animal product, or any 1 or more classes or descriptions of animal material or animal product:

any 1 or more classes or descriptions of producers, processors, or exporters of animal material or animal product:

any 1 or more classes or descriptions of operations, premises, or places in relation to the production, processing, or export of animal material or animal product:

any combination of the above.

the risk to human or animal health of providing the exemption is negligible; or

there are other sufficient safeguards, whether by way of regulated control scheme or in other legislation or by other means, to minimise any risk to human or animal health involved in providing the exemption.

the need to protect the health of consumers and users of animal products:

the desirability of facilitating market access:

the desirability of maintaining consistency between New Zealand’s animal product standards and any relevant standards, requirements, or recommended practices that apply or are accepted internationally:

the relative costs of having the exemption or not having it, who bears the cost, and the positive and negative impacts on New Zealand consumers and users:

the most effective way of managing the relevant risk factors:

such other matters as the Minister considers relevant.

is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

may have effect in accordance with subsection (5) even if not yet published.

identify; and

control, manage, and eliminate or minimise—

each type of animal material and animal product that the business produces or processes; and

each type of process or operation that is applied to the animal material or product; and

each set of premises or place in which the animal material or product is produced or processed.

all primary processors of animal material:

all secondary processors of animal products intended for human or animal consumption, except to the extent that they are subject to the Food Act regime:

retail butchers who are dual operator butchers:

such other persons as may be specified by Order in Council under section 15 as requiring to operate under a risk management programme.

such a person should be aware of the implications of not having a programme as set out in section 33; and

if the person elects under section 32 to operate under a registered risk management programme, or to register a food control plan as a risk management programme under section 34 for the purposes of certain operations, they will be treated as a person who is required to have a registered risk management programme in respect of the animal products or operations concerned.

the primary production of animal material (subject to any order under section 15):

the transporting of animal material prior to primary processing (subject to any order under section 15):

the secondary processing of animal products not intended for human or animal consumption (except to the extent indicated in subsection (2) in respect of animal product for export for which an official assurance is required, and subject to any order under section 15):

the processing of any homekill or recreational catch by a listed homekill or recreational catch service provider (except as provided in section 71 in the case of dual operator butchers):

the processing of dairy material or dairy product that is not intended for human or animal consumption (subject to any order made under section 15):

any type of animal material, animal product, process, operation, premises, or place that is exempted from the provisions of this Part by Order in Council made under section 9:

any matter that is for the time being subject to an exemption granted by the Director-General under section 14.

for such period as is specified in the notice; and

on such conditions (if any) as may be specified in the notice.

the type of animal material or product that they produce or process; or

the intended purpose or destination of the animal material or product in question; or

the type of operations or processes carried out in relation to the animal material or product in question; or

the type of premises or place in which the operations or processes are carried out in relation to the animal material or product in question; or

any combination of the above.

in the interests of achieving the fitness for intended purpose of the animal product concerned; or

for the purpose of facilitating access to overseas markets.

to ensure that the operations of the animal product business do not contravene the relevant requirements of and under this Act, including the requirements set out in the risk management programme:

to ensure that the risk management programme is consistent with the requirements of regulations, notices, and orders in force from time to time under this Act:

to adequately implement and resource all operations under the programme, including provision for the instruction, competency, and supervision of staff to ensure the delivery of animal product that is fit for intended purpose:

to ensure that all operations under the programme are commensurate with the capability and the capacity of the premises or place, facilities, equipment, and staff to deliver animal product that is fit for intended purpose:

to give relevant recognised agencies and recognised persons such freedom and access as will allow them to carry out their functions and activities under this Act, including verification functions and activities.

be in writing in a form acceptable to the Director-General:

specify the name and address (including the electronic address, if available) of—

identify—

set out the procedures the operator will use for identifying, controlling, managing, eliminating, or minimising risk factors:

describe the steps the operator will take to confirm that the programme is working effectively:

make provision in relation to tracing and recalling animal material and animal products as required by regulations made under section 77C or any supplementary notice:

provide for appropriate corrective actions (including recall) to be undertaken where animal material or animal products may be not fit for intended purpose or not in accordance with its labelling or identification:

provide for appropriate and auditable documentation, record keeping, and reporting, including as required by—

make provision in relation to verification as required by regulations made under section 77F or any supplementary notice:

as appropriate to the operations under the risk management programme, contain the matters specified in, and otherwise comply with—

systematic identification of any hazards, and determination of the significance of those hazards, involved in the production and processing of animal material or product covered by the risk management programme:

determination of the points at which the hazards of significance identified in paragraph (a) occur, and the processes or procedures to best control them:

establishment of acceptable parameters of the processes or procedures at the points determined in paragraph (b):

establishment of monitoring procedures to demonstrate control at the points determined in paragraph (b):

identification of the action that will be taken if any parameters established for the risk management programme are not achieved:

establishment of procedures for the ongoing confirmation that the risk management programme is effective in managing the hazards:

appropriate and auditable documentation and record keeping.

the programme is appropriate to the other businesses or parts of businesses, as well as to the business of the person whose programme it is; and

the registered operator of the programme will have sufficient control, authority, and accountability for all matters covered by the programme in relation to the other businesses or parts of businesses subject to its coverage; and

the applicant for the approval has obtained the consent or otherwise taken into account the views of any person whose business or part of whose business is to be covered by the programme; and

each person whose business or part of whose business is to be covered by the programme is aware of the implications for his or her business in the event of—

all risk management programmes registered under this Part; and

matters relating to the registration of food control plans as risk management programmes under section 34.

to enable members of the public to know what business operations are subject to risk management programmes, and who is responsible for various functions under those programmes; and

to facilitate the ability of the Director-General to ensure that all traded animal products are fit for intended purpose, and in particular to manage any emergency situation; and

to facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.

keep the register open for public inspection, without fee, at all reasonable hours at the head office of the Ministry and at such other places as the Director-General determines as necessary or appropriate; and

supply to any person copies of all or part of the register on request and payment of a reasonable charge for the production of the copy.

that records or stores information electronically or by other means; and

that permits the information so recorded to be readily inspected or reproduced in usable form; and

that permits the information in the register to be accessed by electronic means, including (without limitation) by means of remote logon access.

the name and address (including the electronic address, if available) of the business owner or operator whose programme it is:

the name, or the position or designation, of the person who is responsible for the day to day management of the programme, as nominated by the owner or operator of the business:

the date on which the programme was registered, and the registration number or other unique identifier allocated to it:

the types of animal material and animal product to which the programme applies:

the principal categories of processing and other operations carried out under the programme:

the location (if appropriate) and type of premises or place to which the programme applies (or, if more appropriate, a place where the general public can obtain up-to-date information of the location and type of premises or place to which the programme applies):

the name of the verifying agency responsible for verification of the programme:

identification of any risk management programme whose registration amounts to an election under section 32:

identification of any food control plan that is registered as a risk management programme under section 34:

the date on which the most recent significant amendment to the risk management programme has been registered under section 25:

the date of any notifications of minor amendments to the risk management programme under section 26:

the date (and period, if appropriate) of any suspension of operations under the programme or any deregistration or surrender of registration of the programme:

a brief indication of the reason for any such suspension or deregistration:

any other particulars required by the regulations or any supplementary notice.

either—

subject to subsection (3), a copy of a report of an independent evaluation, carried out not more than 6 months before the date of the application for registration, of the validity of the risk management programme in terms of sections 12 and 17; and

the name of the verifying agency that has indicated it is prepared to undertake verification of the programme; and

such further information and other material (including declarations, where appropriate) as may be required by the regulations or any supplementary notice; and

the prescribed fee (if any).

the risk management programme is fully based on a template, model, or code of practice of a kind referred to in section 12(3A); or

the risk management programme is a multi-business risk management programme approved by the Director-General in accordance with section 17A; or

the risks to human or animal health are negligible, and the Director-General is satisfied that the nature of the business does not require an independent evaluation report to ensure validity in terms of sections 12 and 17.

the content of the risk management programme—

the applicant is a fit and proper person to operate an animal product business, taking into account whether the applicant or any directors or managers of the business concerned have been convicted, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or elsewhere) that are regulated under this Act; and

the business, or its operator, is resident in New Zealand within the meaning of section YD 1 or YD 2 (excluding section YD 2(2)) of the Income Tax Act 2007.

a notice of registration; and

a notice of any conditions imposed under subsection (2); and

a registration number or other unique identifier.

imposing further conditions as if they were imposed on registration under subsection (2); or

amending or revoking any conditions imposed under that subsection.

a notice containing such particulars as will clearly inform the applicant of the grounds on which the Director-General proposes to refuse to register the programme; and

a reasonable opportunity to make written submissions or be heard in respect of the matter.

a change in the name of a company (but not in a company’s shareholding):

a change in the members of a partnership (but not in members’ respective shares in the partnership):

the death, bankruptcy, receivership, or liquidation of the operator of the programme.

is no longer appropriate, or will no longer be appropriate, to the animal material or product, processes, or premises or place covered by the programme; or

otherwise impacts, or will impact, on the fitness for intended purpose of the animal product concerned or the content of the risk management programme as required under section 17.

any information and other material required by the regulations or any supplementary notice; and

the prescribed fee (if any).

notify the applicant in writing accordingly; and

where the amendment relates to future events or matters, specify the date or occasion on which the amendment takes effect or will apply; and

give the applicant’s verifying agency a copy of the amendment (or, where appropriate, of a redraft of the relevant part of the programme that incorporates the amendment); and

make an appropriate entry on the register of risk management programmes.

a notice containing such particulars as will clearly inform the applicant of the grounds on which the Director-General proposes to refuse to register the amendment; and

a reasonable opportunity to make written submissions or be heard in respect of the matter.

are of such a nature as not to require registration under section 25; and

have not been previously notified to the Director-General under this section.

be made in a form or manner approved by the Director-General; and

be made at the intervals set out in the regulations or any supplementary notice; and

be accompanied by—

comply with any requirements in the regulations or any supplementary notice.

suspend operations under the programme in accordance with section 27; or

remove the programme from the register in accordance with section 28.

the programme may not be or is no longer effective; or

the animal product produced under the programme does not meet or no longer meets the requirements imposed by or under this Act; or

suspension is permitted under section 26A.

the reason for the suspension; and

the period of the suspension; and

the date on which or time at which it commences (which may not be earlier than the date or time of notification); and

the operations to which the suspension applies; and

any conditions or requirements in relation to the suspension.

the date on which the suspension starts, which must be a date after the date of the notice; and

the date on which the suspension ends; and

which operations are suspended; and

how the operator intends to deal with any affected animal material or product.

the Director-General would be justified under section 27 in suspending operations under the programme but, in light of repeated suspensions of operations under the risk management programme in the past under that section, it would be more appropriate to deregister the programme; or

there is or has been such a serious failure of operations or other matters under the programme as to cast doubt on the fitness for intended purpose of the animal product produced under the programme; or

removal of the programme from the register is permitted under section 26A; or

whether by reason of the passage of time, changing circumstances, or for any other reason, the risk management programme no longer ensures the fitness for intended purpose of animal product produced under the programme; or

the operator of the programme is no longer a fit and proper person to operate or be responsible for the operation of an animal product business, taking into account any conviction of the operator or any director or manager of the animal product business concerned, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or elsewhere) that are regulated under this Act; or

the risk management programme has ceased to be relevant to the operations it purports to cover by reason of there being a change in the identity of—

the Director-General has given the operator of the programme notice orally or in writing—

the Director-General—

give written notice of that fact to the operator of the programme, giving reasons and specifying the date on which the deregistration takes effect (which may not be earlier than the date of notification); and

notify the operator’s verifying agency of that fact.

notify the Director-General in writing of that fact; and

surrender the notice of registration to the Director-General; and

notify the operator’s verifying agency of that fact.

the Director-General must record the surrender on the register of risk management programmes; and

the surrender takes effect from the date stated in the register.

allowing, in section 32, a secondary processor of an animal product which is a food to elect to operate solely under a risk management programme and this Act, rather than under the equivalent Food Act regime (particularly where the food is for export, and may require official assurances); and

providing, in section 34, for the registration of food control plans as risk management programmes, and allowing switching between plans and programmes in the case of persons who wish to operate principally under one regime, but may also need or wish to operate from time to time under the other regime in respect of all or part of their operations.

is made by notifying it to the Director-General, whether at the time the secondary processor applies for registration of a risk management programme or in such other manner as the Director-General may approve; and

takes effect when the risk management programme of the secondary processor is registered, or is notified in the register as taking effect.

for the purposes of this Act, the secondary processor is to be treated as a person who is required to have a risk management programme in respect of the animal product concerned; and

the Food Act regime does not apply to the matters covered by the registered risk management programme.

notify the chief executive of the agency for the time being responsible for the administration of the Food Act 2014 and any relevant territorial authority (as defined in section 8(1) of the Food Act 2014) of the election; and

note the election on the register of risk management programmes in accordance with section 19.

the product must meet the requirements imposed by or under this Act for the giving of official assurances, if any official assurance is to be given under this Act in relation to the product; and

if it does not, it cannot be the subject of an official assurance under this Act.

its operator may operate under it only at the times and in the manner, and on the giving of such notification, as may be specified in conditions (if any) imposed under section 22; and

during or in respect of matters occurring during any period when the operator operates under the plan as a risk management programme, unless the regulations or any supplementary notice provides otherwise,—

during or in respect of matters occurring during any period when the operator does not so operate, unless the regulations or any supplementary notice provides otherwise,—

despite anything in this Act or the Food Act 2014, the risk management programme is subject to whichever audit or verification regime is specified by the Director-General under subsection (4).

must specify whether and to what extent the plan is to be subject to the verification requirements of this Act or the Food Act 2014; and

may impose such other conditions as are reasonable in light of the operator’s proposed use of the plan.

the desirability of continuity in verification services, functions, or requirements; and

any export requirements; and

any requirements set out in the regulations or any supplementary notice for determining whether all or any classes of registered food control plans are to be subject to the verification regime of this Act or the Food Act 2014.

the applicant; and

the chief executive of the agency for the time being responsible for the administration of the Food Act 2014, or the relevant territorial authority; and

the applicant’s verifying agency (if applicable); and

the applicant’s verifier or verification agency under the Food Act 2014.

granting the exemption is necessary or desirable in the interests of avoiding unnecessary or undesirable duplication of equivalent duties or matters under this Act and the Food Act 2014; and

the extent of the exemption is not broader than is reasonably necessary for that purpose.

granting the exemption is necessary or desirable in the interests of avoiding unnecessary or undesirable duplication of equivalent duties or matters under this Act and the Food Act 2014; and

the extent of the exemption is not broader than is reasonably necessary for that purpose.

the instrument granting an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

the regulations must contain a statement to that effect.

it is inappropriate or impracticable to manage risk factors under risk management programmes; or

risk factors may need to be addressed in relation to the production of animal material or the processing of animal product that is not required by this Act to be covered by a registered risk management programme; or

special provision is required for the purposes of overseas market access requirements.

it is not feasible or practicable for the relevant risk factors to be managed by individual animal product business operators within individual risk management programmes (whether or not those operators would normally be required to have a risk management programme); or

having regard to considerations of economic efficiency, or to legal considerations that may require the exercise of statutory authority for the successful management of risk factors, it is necessary or appropriate that the measures be imposed generally rather than being dealt with by way of individual risk management programmes; or

the measures are additional to those normally required to meet New Zealand animal product standards, and are necessary to meet any export requirements.

by regulations made under section 40, which may be supplemented by supplementary notices; or

by the Director-General by notice under section 167(1) if—

its prime purpose; and

the risk management measures that are imposed by the scheme.

animal material:

animal products:

anything in the environment that may affect the fitness for intended purpose of animal material or animal products.

under section 77C in relation to tracing and recalling animal material and animal products:

under section 77F in relation to verification of the scheme:

under section 77H in relation to record-keeping and reporting.

the need to protect the health of consumers and users of animal products:

the most effective way of handling the relevant risk factors:

the desirability of facilitating market access: