Organic Products Bill

Hon Damien O’Connor

Organic Products Bill

Government Bill

221—2

Contents

Commentary
Key
1Title
2Commencement
3Purpose
4Outline of Act
5Interpretation
6Transitional, savings, and related provisions
7Act binds the Crown
8Restriction on describing product as organic product
9Describing product as organic product
9AApproved operator may be part of group of operators
10Who must or may be approved as operator
11Applying for approval
12Considering whether to approve as operator
13Granting or refusing approval
14Operator’s approval not transferable
14ARenewal of approval
15Surrendering approval
16Suspending approval
17Withdrawing approval
18Use of national mark
19Recognising agencies
20Recognising natural persons
21Recognising classes of natural persons
22Relevant chief executive may recognise certain entities without application
23Interrelationship between sections 19 to 22
24Refusing application for recognition
25Granting recognition
25AProposing to impose condition
26Varying conditions of recognition
26AProposing to vary condition
27Recognition not transferable
28Duties of recognised entity
29Recognised entity accountable to chief executive
30Recognised entity may act in other capacities
31Renewal of recognition
32Surrendering recognition
33Suspending recognition of recognised entity
34Withdrawing recognition
35Requesting further information from applicant
36Proposing to refuse or withdraw approval or recognition or to impose or vary conditions of recognition
37Fees and charges payable
38Relevant chief executive must consider exemption, waiver, or refund of fees
39Public register of operators and recognised entities
40Content of register
41Access to register
42Removal from register
43Operator and recognised entity to provide information
44Duty to keep records
44AInformation collected under Act not to be used for other purposes
45Chief executive approval of foreign organic products regimes for importation into New Zealand
46Restriction on exports
47Official assurances
48Status of official assurances
49Providing statement of compliance
50Exemption from organic standard for exported product
51Costs to be recovered
52Principles of cost recovery
53Methods of cost recovery
54Cost recovery to relate to financial year
55Three-yearly review of cost recovery
56Fees, charges, and levies to constitute debt
57Penalty on unpaid debt
58Dispute does not suspend obligation to pay fee, charge, levy, or penalty
59Services to debtor may be withdrawn
59AApplication to regulations prescribing organic standards
60Relevant chief executive to appoint organic products officer
61Suspending or cancelling organic products officer appointment
62Power of warrantless entry
63Applying for search warrant
64Issuing search warrant
65Entry under search warrant
66Power to test samples
67Power to issue an improvement notice
68Matters may be continued by different organic products officer
69Statements by relevant chief executive
70Relevant chief executive may request information
71Giving general directions on functions, duties, or powers
72Giving general directions to operators, etc
73Giving directions to complete declaration or publish statement
74Power to direct in certain circumstances
75Enforceable undertakings
76Proceedings for infringement offences
77When infringement notice may be issued
78Infringement notice may be revoked
79What infringement notice must contain
80How infringement notice may be served
81Payment of infringement fees
82Offences involving deception for benefit, etc
83Personating organic products officer, etc
84Obstruction of officers
85Sale of non-compliant product that is described as organic
86Sale of product described as organic by person not approved as operator
87Export of products described as organic when not approved, etc
88Offence of breach of duty
89Defences for certain offences
90Evidence of testing, sampling, etc
91Evidence in proceedings
92Evidence of officer or delegated power
93Evidence of person’s documents
94Evidence of requirement of this Act
95Liability of body corporate
96Liability of director or manager of body corporate
97Liability of companies and persons for actions of agent or employee
98Protection of persons acting under authority of Act
99Exclusion of loss
100Amendment to Search and Surveillance Act 2012
101Amendment to Summary Proceedings Act 1957
102District Court
103High Court
104Appeals to Court of Appeal or Supreme Court
105Organic standards
106Prerequisites for prescribing organic standards
107General regulation-making power
108Exemptions for class of persons
109Regulations may impose fees and charges
110Regulations may impose levies
111Regulations may provide for exemptions, waivers, and refunds
111ANotices for organic standards
112Exemption for individual cases
113Exemption for certain operators or products
114Incorporation of material by reference
114ARelevant Minister may establish advisory council
114BRegister of inputs
115Application of Commodity Levies Act 1990 to organic products
116Right of review of certain decisions made under Act
117Conduct of review
118Time allowed for review
119Time limits for providing information related to investigation, monitoring, and enforcement
120Time limit generally for providing information under this Act
121Arrangement for system
122Effect of use of system
123Amendments to Dairy Industry Restructuring Act 2001
124Amendment to Search and Surveillance Act 2012
125Amendment to Summary Proceedings Act 1957
Legislative history

The Parliament of New Zealand enacts as follows: