Animal Products Regulations 2021

Version as at 6 October 2022

Coat of Arms of New Zealand

Animal Products Regulations 2021

(SL 2021/400)

Cindy Kiro, Governor-General

Order in Council

At Wellington this 29th day of November 2021

Present:
Her Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry for Primary Industries.

These regulations are made under sections 9, 15, 40, 44, 49, 77C, 77F, 77H, 117, 166, and 166A and clause 5 of Schedule 1 of the Animal Products Act 1999—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Food Safety given in accordance with sections 9(2) and (3), 15(3), 40(2) and (3), 44(7), 49(3), 117(5), and 163 of that Act.

Contents

1Title
2Commencement
3Interpretation
3AMeaning of chicken producer
4Transitional, savings, and related provisions
Part 1
Risk management programmes
Subpart 1—Contents and general requirements
5Identifying information
6Physical boundaries of risk management programme
7Regime when other activities within physical boundaries of programme
8Describing animal material and animal product and intended use
9Process description
10Procedures for risk factors
11Limits must be specified
12Justifying operator-defined limits
13Specifying actions when limits not met
14Identifying risk factors
15Critical control points for significant hazards
16Identifying uncontrolled hazard
17Critical measurements
18Corrective action procedures
19Identification of persons responsible for key tasks
20Competency and skills of certain persons
21Notices about competency
22Verification by operator of risk management programme
23Record keeping
24Document control procedures
25Procedure for meeting reporting requirements
Subpart 2—Registration
Application to register risk management programme
26Information requirements for all applications
27Part of risk management programme that may be provided with application
28Approval of multi-business risk management programme
Application to register significant amendments
29Application to register significant amendment to risk management programme
30Significant amendment to risk management programme
Subpart 3—Further requirements for operator of risk management programme
Document control
31Control of risk management programme documents
32Archived documents
33Making documents available
Validation
34Validation of risk management programme effectiveness
35Notices about validation
Reporting
36Reporting to verifier or verifying agency
37Notifying Director-General
38Operator of risk management programme must report certain information to Director-General
Subpart 4—Specific inclusions and exemptions
39Rendering and blood-drying operations for mammals and birds
40Technical grade dairy product
40AChicken producers required to operate under registered risk management programme
41Certain exemptions from requirements to have registered risk management programme
Part 2
Good operating practices
Subpart 1—Design and construction of premises, places, facilities, equipment, and essential services
42How premises, etc, must be designed, located, and constructed
43How premises, etc, must be operated
44Notices for premises, places, facilities, equipment, and essential services
Subpart 2—Operation of facilities, equipment, essential services, and waste
45Operation of essential services
46Water
47Operator must manage waste
48Calibrating measuring equipment and monitoring equipment
49Notices for purposes of this subpart
Subpart 3—Cleaning, maintenance, and pest management
50Operator must ensure appropriate cleaning and sanitising procedures
51Maintenance must be carried out to suitable standard
52Maintenance must not affect processing adversely
53Use of maintenance compounds
54Practices must minimise effects of pests
Subpart 4—People: hygiene, health, and clothing and equipment
55Protecting against contamination by people
Subpart 5—Fitness for intended purpose
56Operator must ensure suitability of animal material, animal product, and other inputs
57Notices relating to ensuring suitability of animal material, animal product, and other inputs
58Processing must minimise contamination and deterioration
59Notices in relation to processing
60Exemption from processing requirements
61Restriction on processing animal material or animal product from animals imported live
Subpart 6—Examining, sampling, and testing
62General testing
63Operator must take corrective action
64Persons examining, etc, must be skilled
65Notices for examination, sampling, and testing
Subpart 7—Labelling, identification, and packaging
66Labelling and identification requirements
67Notices about labelling and identification
68Packaging requirements for animal material and animal product
69Notices for packaging requirements
Subpart 8—Non-conforming animal material or animal product
70Processing non-conforming animal material or animal product
71Notices about non-conforming product
Subpart 9—Good operating practices for chicken producers
71AApplication of Part 2 to chicken producers
71BFeed management by chicken producer
71CCleaning and sanitising vehicles
71DCleaning and sanitising equipment and production area
71EMinimising contamination by animals and animal material
Part 3
Evaluation
Subpart 1—Provisions that apply generally to evaluators and evaluations
72Application of this subpart
73Who may carry out evaluations
74Evaluator restrictions and requirements
75Independent evaluation report
Subpart 2—Evaluation of risk management programme for initial registration
76Application of this subpart
77Evaluation for registration of risk management programme
78On-site assessment
79Exemption from requirement for on-site assessment
Subpart 3—Evaluation of significant amendment to risk management programme
80Application of this subpart
81Evaluation of significant amendment to risk management programme
Part 4
Verification
Subpart 1—What is subject to verification and who may verify
82Subject to verification
83Verification must be done by verifier or verifying agency
84Restriction on verification by previous evaluator
Subpart 2—General verification requirements
Verification frequency
85Verification frequency
86Setting verification frequency
87Varying verification frequency
88Varying verification dates
Unscheduled verifications
89Unscheduled verification
Multi-business verification
90Verification of multi-business risk management programme
91Verification of multi-site risk management programme
Subpart 3—Verification consequences
Verification outcomes
92Verification outcomes
93Verifier or verifying agency must require corrective action
94Consequences of unacceptable outcome
Notices: requirements for conducting verification
95Notices about requirements for conducting verification
Reconsideration
96Reconsideration
Subpart 4—General verification matters
97Exemption from verification requirements in emergency
98Giving access or assistance
99Animal product business must pay verification costs
100Reporting
101Notices about reporting
Part 5
Traceability and recall
Subpart 1—Application of Part
102Application of this Part
Subpart 2—Traceability
Traceability procedures
103Traceability procedures
Providing traceability information
104Providing traceability information on request
Subpart 3—Recalls
Recall procedures
105Recall procedures
Details of recall to be provided to Director-General
106Providing details of recall
Simulated recall
107Simulated recall to demonstrate procedures effective
108Frequency of simulated recall
Part 6
Suppliers
Subpart 1—Supply requirements for specific animal material
109Farmed animals suitable for processing
110Game estate animals suitable for processing
111Supply of game estate animal material
112Supply of animal material from wild, game estate, and formerly-farmed feral animals
113Health of farmed animals for supply
114Supply of farmed mammals and farmed birds
115Supply of animal material from animals imported live into New Zealand
116Hunter supplying animal material for human consumption must be listed
117Hunter must comply with written agreement in certain situations
118Supply of animal material used in experiments, trials, or research
119Presentation of animal material for primary processing
120Director-General may allow presentation for primary processing of particular animal material
Subpart 2—General requirements for suppliers, other persons in charge, game estate operators, and hunters
121Competency
122Checks
123Procedures for supply of animal material
124Supply and movement declarations for farmed animals
125How records must be kept
Part 7
Animal material depots, transporters, further petfood processors, beekeepers, and dairy processors
126Interpretation
Subpart 1—Animal material depots
127Application of this subpart
128Storing animal material
129Animal material depot must be listed
Good operating practices for animal material depot operators
130Animal material depot location, design, and construction
131Operation of animal material depot facilities, equipment, and essential services
132Animal material depot packaging requirements
133Protecting against contamination by people at animal material depot
134Animal material depot record keeping
135Requirements for certain animal material depots
136Additional requirements for animal material depots that are mobile
Subpart 2—Transporters
137Application of this subpart
138Good operating practice for transporters
Subpart 3—Further petfood processors
139Application of this subpart
140Further petfood processors must be listed
141Further petfood processor must source from risk management programme, etc
142Further petfood processor must have traceability procedure
143Further petfood processor must keep records
Subpart 4—Beekeepers
144Application of this subpart
145Good operating practices for beekeepers
Subpart 5—Dairy processors
146Application of this subpart
147Dairy material and product must be wholesome and free from hazard
148Dairy processor requirements for premises, places, facilities, equipment, and essential services
149Dairy processor requirements for maintaining and operating premises, places, facilities, equipment, and essential services
150Dairy material and product must be processed in manner that minimises contamination and deterioration
151Dairy material and product transport requirements
Subpart 6—General provisions relating to animal material depot operators, transporters, further petfood processors, beekeepers, and dairy processors
152Competency
153Checks
154Systems and procedures for procurement and supply
155How records must be kept under this Part
Part 8
Regulated control scheme: monitoring and surveillance
Subpart 1—Preliminary provisions
156Interpretation
157Regulated control scheme imposed
158Prime purpose of scheme
Subpart 2—Monitoring
159Outline of this subpart
160Application of this subpart
161Who may carry out monitoring
162Scope of monitoring
163Issuing of requirements for monitoring
164Issuing of sampling regime for monitoring
165Issuing of sampling plan for monitoring
Subpart 3—Surveillance
166Outline of this subpart
167Application of this subpart
168Who may carry out surveillance
169Application of risk management measures
170Surveillance list
171Amendment of incorrect or unreasonable entry on surveillance list
172Amendment or revocation of entry on surveillance list if risk under control or eliminated
173Surveillance notices
174Amendment or revocation of surveillance notice condition
175Application for retesting
176Obligations of risk source operators
177Obligations of processors
178Issuing of sampling regime for surveillance
179Issuing of sampling plan for surveillance
Subpart 4—Requirements relating to specified agricultural compounds
180Requirements relating to specified agricultural compounds
181Exemption from regulation
182Notices relating to control of specified agricultural compounds
Subpart 5—General provisions
183Test methodologies for monitoring and surveillance
184Director-General may carry out surveys, etc
185On-site and off-site testing
186Obligations to supply samples, assist, provide access and facilities, etc
187Obligation to supply information
Part 9
Recognised agencies and persons
188Application of this Part
Subpart 1—Recognised agencies
189Scope of this subpart
190Recognised agencies
191Person in agency responsible for day-to-day management
192Recognised agency applying for recognition of natural person
193Performance standards for recognised agency
194Record-keeping requirements for recognised agency
Notifying and reporting to Director-General
195Recognised agency must notify Director-General
196Recognised agency must report certain matters to Director-General
Maintaining recognition for recognised agencies
197Requirements for recognised agency to maintain recognition
198Director-General may require agency or person to undergo assessment before and after granting recognition
199Assessment reports for recognised agency
Recognised laboratories
200Additional requirements for agency as recognised laboratory
201Requirements for recognition as recognised laboratory in particular circumstances
202Misleading statements
203Samples and tests
204Subcontracting tests
205Tests carried out overseas
206Reporting by recognised laboratories
Subpart 2—Recognised persons
207Scope of this subpart
208General requirements for recognised person
209Additional requirements for verifiers
210Additional requirements for evaluators
211Application for recognition through recognised agency
212Performance standards for recognised person
Maintaining recognition for recognised persons
213Requirements for recognised person to maintain recognition
Assessments for recognised person
214Director-General may require natural person to undergo assessment before and after granting recognition
215Assessment reports for recognised person
Additional recognition requirements for person independent of recognised agency
216Recognition for natural person independent of recognised agency
217Record-keeping requirements for recognised person independent of recognised agency
218Recognised person independent of recognised agency must notify Director-General
219Recognised person independent of recognised agency must report to Director-General
Subpart 3—Quality management procedures and documented procedures and systems
220Procedures for quality management system
221Documented procedures and systems
Part 10
Listing
222Application of this Part
List of persons, premises, or things
223List of persons, premises, and things
Listing process
224Application for listing
225Listing
226Duration of listing
227Conditions of listing
228Refusal to list
Notifying changes and renewal of listing
229Duty to notify change of circumstances
230Renewal of listing
Suspension, surrender, and delisting
231Voluntarily suspending listing
232Surrender of listing
233Delisting
Review rights
234Right of review
Part 11
Official assessors
Competencies, qualifications, etc, for appointment as official assessor
235Official assessor competencies, etc
236Official assessor knowledge requirements
237Other requirements for appointment
238Conflict of interest
Assessment before and after appointment
239Assessment before and after appointment
Reporting after appointment
240Reporting conflict of interest after appointment
241Other reporting to Director-General
242Performance standards for official assessor
243Maintaining competency
Part 12
Offences
244Offences
245NAIT offences
Part 13
Miscellaneous
Subpart 1—Ensuring animal material or animal product not associated with false or misleading representations
246Animal material or animal product must not be associated with false or misleading representations
Subpart 2—Maintenance compounds
247Approval of maintenance compounds
248Application for approval of maintenance compounds
249Renewals of existing approvals
250Notification of approval or renewal of approval of maintenance compounds
251Duty to notify change of circumstances
Subpart 3—Exporter registration and exemptions
Exporter registration
252Exporters of glands, bile, blood, or deer velvet must be registered, whether or not material or product intended for human or animal consumption
253Exporters of live animals, embryo, semen, or ova must be registered
Exporter exemptions
254Exemption for owners of live animals exported for non-commercial purposes
255Exemption for persons exporting samples for scientific analysis
256Exemption from export requirements for certain foods
Subpart 4—Exemption from requirements in Parts 2 to 4 of Act
257Exemption for certain animal products forming part of agricultural compound
258Medicines and related products covered by Medicines Act 1981
Subpart 5—Exemptions from requirements in Part 6 of Act
259Taxidermists
260Certain tourist and charter fishing vessel operators and fishing guides exempt from listing requirements
261Transporters of homekill or recreational catch need not be listed
Subpart 6—Total exemption from Act
262Certain fish taken in exclusive economic zone exempt from Act
Subpart 7—When food must be dealt with under risk management programme as if animal material or animal product
263Food must be dealt with under risk management programme as if it were animal material or animal product
Subpart 8—Supplementary notices
264Supplementary notices permitted by these regulations
Subpart 9—Amendments and revocations
Amendments
265Amendments to Animal Products (Fees, Charges, and Levies) Regulations 2007
266Amendment to Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015
Revocations
267Revocations
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Product-specific exemptions from requirement to have registered risk management programme
Schedule 3
General exemptions from requirement to have registered risk management programme
Schedule 4
Offences
Gazette Information
Notes