Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015

Schedule Dairy industry fees, charges, and levies

rr 4, 5, 6

Part 1 Fixed fees, charges, and levies

Schedule Part 1: replaced, on 1 July 2019, by regulation 8(1) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Service areaFee, charge, or levy*When fee, charge, or levy payable and by whom
Standards setting, compliance, and monitoring
Development and maintenance of New Zealand standards, performance monitoring, and dairy residue monitoring

L = [(TCMPI Annual × MS last) ÷ MStotal last]

where—

L

is the levy payable by the processor

TCMPI Annual

is $4,935,867, being the Ministry’s total cost payable by large processors

MS last

is the processor’s milksolids collection for the previous year

MStotal last

is the total milksolids collected for the previous year from all large processors.

In the items above, year means a 1 July to 30 June year.

Payable by large processors in equal instalments on 30 September, 31 December, 31 March, and 30 June each year
$400Payable by small processors on 30 September each year
Development and maintenance of New Zealand standards relating to RCS raw milk, and performance monitoring and dairy residue monitoring in relation to RCS raw milk$581.25Payable by registered farm dairy operators on 30 September each year
Development and maintenance of market access standards and programme and export standards

L = [(ETCMPI Annual × EM last) ÷ EMTotal last]

where—

L

is the levy payable by the exporter

ETCMPI Annual

is $1,355,100, being the Ministry’s total cost payable by large exporters

EM last

is the exporter’s dairy export mass for the previous year

EMTotal last

is the total dairy export mass for all large exporters for the previous year.

In the items above, year means a 1 July to 30 June year.

Payable by large exporters in equal instalments on 30 September, 31 December, 31 March, and 30 June each year, who export dairy products that fall within any of the following Customs tariff codes:

(a)

all codes under 04.01 milk and cream, not concentrated nor containing added sugar or other sweetening matter:

(b)

all codes under 04.02 milk and cream, concentrated or containing added sugar or other sweetening matter:

(c)

all codes under 04.03 buttermilk, curdled milk and cream, yogurt, kephir, and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts, or cocoa:

(d)

all codes under 04.04 whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included:

(e)

all codes under 04.05 butter and other fats and oils derived from milk; dairy spreads:

(f)

all codes under 04.06 cheese and curd:

(g)

35.01 casein, caseinates, and other casein derivatives; casein glues:

(h)

3502.20.00 00C: milk albumin, including concentrates of two or more whey proteins:

(i)

21.05 ice cream and other edible ice, whether or not containing cocoa:

(j)

1901.10.09 00C and 1901.90.09 28B: these codes cover infant formula, follow on formula and supplementary food for young children and adult nutritional powders:

(k)

1702.11.00 00F: containing by weight 99% or more lactose, expressed as anhydrous lactose, calculated on the dry matter:

(l)

1702.19.00 00B: containing by weight 99% or more lactose, expressed as anhydrous lactose, calculated on the dry matter and Other:

(m)

2106.10.09 00J: protein concentrates and textured protein substances – Other (non-vegetable protein).

$200Payable by small exporters on 30 September each year
Approvals
Application for, assessment of, and approval or renewal of registration of person as a registered farm dairy operator or registered depot operator under the regulated control scheme imposed by the Raw Milk for Sale to Consumers Regulations 2015$135 per applicationApplicant
Application for, evaluation of, and approval or variation of risk management programmes and quota compliance programmes$135 per applicationApplicant
Application for, evaluation of, and approval or variation of approval of laboratories$135 per applicationApplicant
Application for, evaluation of, and approval or variation of codes of practice$135 per applicationApplicant
Application for, evaluation of, and recognition, variation, or renewal of agency or person as recognised agency or recognised person under Part 8 of the Act$135 per applicationApplicant
Application for agreement to minor amendments of risk management programme$67.50 per applicationApplicant
Market access functions
Application for market access functions$135 per application
plus assessment charge on hourly basis after the first hour as specified in Part 2
Applicant
Compliance and monitoring
Verification inspection and audits$135
plus assessment charge on hourly basis after the first hour as specified in Part 2
Payable by occupier of the premises subject to verification inspection and audits
Application for product disposition$135 per applicationApplicant
Official assurances
Issue of official assurance under section 61 of the Act$33.75 per application
plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2
Applicant
Reissue of official assurance under section 64(2) of the Act if replacement assurance demanded by importing country$405 per replacement certificate
plus assessment charge on hourly basis after the first 3 hours as specified in Part 2
Applicant
Exporter registration
Application for registration or renewal of registration$135 per applicationApplicant
Performance of functions, powers, or duties not elsewhere provided for

Performance or exercise of a function, power, or duty that—

  • is required to be undertaken under the Act, including under any regulations or notices; and

  • is not prescribed elsewhere in these regulations

$67.50
plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2
The person whose actions resulted in the function, power, or duty being required to be performed or exercised
Maintenance compounds
Application for approval of any maintenance compounds that is required to be undertaken under the Act, including under any regulations or notices$67.50 per applicationApplicant
Infant formula
Issue of exporter declaration for infant formula product or formulated supplementary food for young children (within the meaning of those terms in clause 1.2(1) of the Animal Products Notice: Export Requirements for Infant Formula Products and Formulated Supplementary Foods for Young Children (1 February 2016))$33.75 per declaration
plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2
Payable by the exporter within 1 month of issue of the invoice
Stand-alone animal product storage premises

Development and maintenance of standards that apply to premises that—

  • store animal products; and

  • are covered by a risk management plan that does not include processing or manufacturing activities

$207.30 per premisesPayable by the operator of the premises on 30 September each year
*Fee, charge, or levy exclusive of any applicable costs payable under Parts 3 and 4

Part 2 Assessment charges on hourly basis

Where Part 1 specifies an assessment charge on an hourly basis, that charge is to be determined as follows for each hour (or final part-hour) beyond the first 15 minutes, the first 30 minutes, the first hour, or the first 3 hours, as the case may be, spent on assessing the matter concerned:

CategoryFee ($)
(a)For each hour (excluding final part-hour) spent by an officer or employee of the Ministry, or a person engaged by the Ministry who is not an officer or employee135.00
(b)For each 15-minute block in final part-hour spent under paragraph (a)33.75

Schedule Part 2 item (a): amended, on 1 July 2019, by regulation 8(2)(a) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Schedule Part 2 item (b): amended, on 1 July 2019, by regulation 8(2)(b) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Part 3 Costs incurred by Ministry at request of operator, etc

1

Actual and reasonable costs, including actual and reasonable incidental and additional costs, incurred by a Ministry employee, or a person engaged by the Ministry who is not an employee, may be recovered by the Ministry where those costs arise from a request by, or an act or omission of, any person under the Act or regulations or notices made under the Act.

2

The costs in clause 1 include, but are not limited to,—

(a)

the costs of external review, expert review, notification, product testing, travel, and accommodation; and

(b)

disbursements such as the costs of photocopying, printing and stationery, telephone, fax, video conferencing, postage, and couriers.

3

For technical staff providing support for the delivery of specialist services in relation to functions, duties, or powers under the Act or any regulations or notice made under the Act, a fee of $155 per hour is payable, in 15-minute increments, by the person whose actions result in the function, duty, or power being required to be exercised or performed.

Part 4 Travel costs

Where travel of an officer or employee of the Ministry is required for any of the matters specified in this schedule, an additional amount of $0.67 per kilometre travelled by the officer or employee is payable in addition to the relevant fee or charge.

Part 5 Charges for use of electronic certification system

1

For industry users that access the Ministry’s electronic certification system, charges based on the following formula are payable in respect of each database request and each second of time spent on the server:

(cost per request + cost per second) × appropriate percentage

where—

cost per request is the amount specified from time to time by the Director-General by notice under section 167(1)(ma) of the Act for each database request, having regard to clause 2

cost per second is the amount specified from time to time by the Director-General by notice under section 167(1)(ma) of the Act for each second of time on the server, having regard to clause 2

appropriate percentage is,—

(a)

for industry users of a class for which recognised agency use of the electronic certification system is not required, 55%:

(b)

for all other industry users, 100%.

2

In setting any cost per request or cost per second, the aim is for those costs to reflect usage of the electronic certification system for the relevant year or other period, with regular updating if appropriate.

3

This Part applies to all users of the electronic certification system.

Part 6 Fee for services of certification and reconciliation

1 Quarterly fee payable by holder of export licence

(1)

A fee is payable for services of certification and reconciliation provided by the Ministry in relation to the regulated control scheme described in regulation 3 of the Animal Products (Regulated Control Scheme—Dairy Export Quota Products) Regulations 2008 (the services).

(2)

The holder of an export licence on 1 July, 1 October, 1 January, or 1 April must pay the fee on that date (the payment date).

(3)

The fee is calculated as follows:

fee = [(amount to recover for year ÷ 4) × (holder’s allocated quantity ÷ total allocated quantity)]

where—

amount to recover for year is the amount, as specified from time to time by the Director-General by notice under section 167(1)(ma) of the Act, that needs to be recovered to fund the services in relation to all holders of export licences for the financial year in which the payment date falls

holder’s allocated quantity is the total quantity (in tonnes) of all products in all designated markets for which the holder holds an export licence on the payment date

total allocated quantity is the total quantity (in tonnes) of all products in all designated markets for which all holders hold export licences on the payment date.

Part 7 Ministry verification charges

Preliminary provisions

1

The charges set out in this Part apply where any verification function under the Act is carried out by an officer or employee of the Ministry.

2

The charges set out in this Part are exclusive of goods and services tax, and goods and services tax on these charges will be added to the total invoice.

3

In this Part,—

4 × 10-hour day roster means designated hours of work that are identified by the employer as a 4 × 10 hour day roster

after-hours callout charges refers to charges that are payable for hours where a veterinary or non-veterinary verifier performs verification functions at any place or premises outside of normal agreed hours of work, and are chargeable for those hours in substitution for any establishment or circuit charges

breakfast shift refers to the situation where the verification functions carried out by a verifier in any day are commenced before 6 am

circuit charges refers to charges payable in respect of any place or premises where the verification or advice functions are performed by Ministry staff who are not permanently or semi-permanently based at the place or premises

disestablishment charges means the charges payable in respect of the disestablishment of the position of a veterinary verifier due to the closure of an operator’s premises or the reduction of operations at those premises

double time refers to overtime hours worked by a verifier for which the verifier is entitled, by his or her employment contract, to double time rates

establishment charges refers to charges payable in respect of any place or premises where the verification functions are performed by Ministry verifiers who are permanently or semi-permanently based at the place or premises

non-veterinary verifier means a verifier who is not a veterinarian registered under the Veterinarians Act 2005

penal rate 0.5 means—

(a)

the rate per hour of penal time worked by an employee during the period between midnight and 2 am from Monday to Thursday; and

(b)

the rate per hour of the first 3 hours of penal time worked by an employee during the period between—

(i)

midnight at the end of Friday; and

(ii)

midday Saturday; and

(c)

the rate per hour of penal time worked by an employee for the ninth and tenth hours between 6 am and 10 pm when an employee worked a 4 × 10-hour day roster between Monday and Friday

penal rate 1.0 means—

(a)

the rate for every hour of penal time worked by an employee during the period between 2 am and 6 am from Monday to Friday other than hours to which penal rate 0.5 applies; and

(b)

the rate for every hour of penal time worked by an employee during the period between midnight at the end of Friday and midnight at the end of Sunday other than hours to which penal rate 0.5 applies; and

(c)

the rate for every hour of penal time worked by an employee on a statutory holiday; and

(d)

the rate per hour of penal time worked by an employee for the ninth and tenth hours between 10 pm and 6 am when an employee worked a 4 × 10-hour day roster between Monday and Friday

penal rate 2.0 means the rate for every hour of penal time worked by an employee other than hours to which penal rates 0.5 and 1.0 apply

penal time refers to hours worked by a verifier for which the verifier is entitled, by his or her contract of employment, to penal rates, being hours (other than overtime) worked within a 40-hour week from Monday to Sunday or on a statutory holiday

reserve rate refers to the rate for hours worked by a reserve verifier

reserve verifier means a temporary veterinary verifier or supervising veterinary verifier who undertakes the work of an establishment verifier while that verifier is on annual leave or is otherwise absent on a temporary basis

shift rates refers to the rates applicable to the case where a verifier is entitled, by his or her employment contract, to extra remuneration for working shifts

supervising veterinary verifier means a veterinary verifier who has prime responsibility for the verification functions at a place or premises

time and a half, or 1½ time, refers to overtime hours worked by a verifier for which the verifier is entitled, by his or her employment contract, to time-and-a half rates

veterinary verifier means a verifier who is a veterinarian registered under the Veterinarians Act 2005.

1Establishment charge
ABasic hourly charge on export and game sectors

For each hour of normal time (but not penal time hours or 1½ or double time hours) spent by a verifier in verification functions

$44.90
BHourly charges for verifiers
(1)Veterinary verifier—
(a)non-shift rates—
per hour$70.30
per hour at 1½ time$105.50
per hour at double time$140.60
(b)shift rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$41.00 per shift per verifier for evening shift

(ii)

$41.00 per shift per verifier for night shift

(c)penal rates

the relevant rates specified in paragraphs (a) and (b), plus an additional rate of—

(i)

$35.20 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$70.30 per hour per verifier for penal time worked at penal rate 1.0

(iii)

$140.60 per hour per verifier for penal time worked at penal rate 2.0

(d)reserve rate

$70.30 per hour for each hour worked by a reserve verifier

(2)Supervising veterinary verifier—
(a)non-shift rates—
per hour$75.10
per hour at 1½ time$112.60
per hour at double time$150.20
(b)shift rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$41.00 per shift per verifier for evening shift

(ii)

$41.00 per shift per verifier for night shift

(c)penal rates

the relevant rate specified in paragraphs (a) and (b), plus an additional rate of—

(i)

$37.60 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$75.10 per hour per verifier for penal time worked at penal rate 1.0

(iii)

$150.20 per hour per verifier for penal time worked at penal rate 2.0

(d)reserve rate

$75.10 per hour for each hour worked by a reserve verifer

2Circuit charge
Hourly charges for verifiers

(for all verification activities)

Verifier—
(a)non-penal rates—
per hour$176.00
per hour at 1½ time$264.00
per hour at double time$352.00
(b)penal rates

the relevant rate specified in paragraph (a), plus an additional rate of—

(i)

$88.00 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$176.00 per hour per verifier for penal time worked at penal rate 1.0

(iii)

$352.00 per hour per verifier for penal time worked at penal rate 2.0

3After-hours callout charge
AMinimum charge

Minimum charge for any individual after-hours callout, however long

charge for 3 hours at the relevant rate under item B (plus flat rate of $8.70 breakfast shift charge, if applicable)

BHourly charges for verifiers
(a)per hour

$75.00 (plus flat rate of $8.70 breakfast shift charge, if applicable)

(b)per hour at 1½ time

$125.00 (plus flat rate of $8.70 breakfast shift charge, if applicable)

(c)per hour at double time

$150.00 (plus flat rate of $8.70 breakfast shift charge, if applicable)

4Disestablishment charges
A

Where verifier employed by operator for less than 12 months

Either—

(a)

the actual cost of transfer or relocation; or

(b)

the actual cost of retraining; or

(c)

the actual cost of the matters specified in paragraphs (a) and (b), if both are applicable; or

(d)

the lesser of—

(i)

the actual cost of redundancy; or

(ii)

the amount derived by multiplying the total ordinary pay during the period employed by 0.04165—

but in no case is the charge under paragraph (a), (b), (c), or (d) to exceed $55,000.

B

Where verifier employed by operator for 12 months or more

Either—

(a)

the actual cost of transfer or relocation; or

(b)

the actual cost of retraining; or

(c)

the actual cost of the matters specified in paragraphs (a) and (b), if both are applicable; or

(d)

the lesser of—

(i)

the actual cost of redundancy; or

(ii)

an amount calculated using the following formula:

(a × 0.08) + (a × 0.04)(b − 1) + (a × c × 0.0333) + (da)

where—

a

is the veterinary verifier’s total ordinary pay for the immediately preceding 12 months

b

is the lesser of 19 or the number of completed years of employment with the operator

c

is any completed months of employment in respect of an additional period of employment with the operator of less than 12 months

d

is—

0.10

if the period of employment completed is 1 year or more but not more than 3 years

0.20

if the period of employment completed is more than 3 years but not more than 5 years

0.29165

if the period of employment completed is more than 5 years

but in no case is the charge under paragraph (a), (b), (c), or (d) to exceed $55,000.

5Charge for establishing verification services premises at any location
The actual and reasonable costs associated with establishing a full-time Verification Services presence at any premises, including, but not limited to,—
(a)

capital items such as computer terminals, monitors, printers, office furniture, storage, phones, and technical equipment; and

(b)

expenses such as costs for recruitment, transfer, relocation, induction and training, salaries, new health and safety equipment, new folders, stationery, lockable cupboards, inspection stamps, and reject and hold tags

 

Schedule Part 7 table item 2: replaced, on 1 July 2019, by regulation 8(3) of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

Michael Webster,
Clerk of the Executive Council.