Animal Products (Fees, Charges and Levies) Regulations 2007

Animal Products (Fees, Charges, and Levies) Regulations 2007 Anand Satyanand, Governor-General Order in Council At Wellington this 28th day of May 2007 Present: His Excellency the Governor-General in Council Pursuant to section 166 of the Animal Products Act 1999, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations. Contents 1 Title 2 Commencement 3 Dairy processing excluded 4 Fees and charges 5 Levies 6 When fees, charges, and levies payable 7 Alternative payment of annual charge 8 Exemptions 9 Director-General may grant exemption or waiver 10 GST 11 Revocation Schedule 1 Fees and charges Schedule 2 Levies Regulations 1 Title These regulations are the Animal Products (Fees, Charges, and Levies) Regulations 2007. 2 Commencement These regulations come into force on 1 July 2007. 3 Dairy processing excluded Nothing in these regulations requires the payment of any fee, charge, or levy by any dairy processor in respect of dairy processing operations or premises. 4 Fees and charges (1) The fees and charges set out in Schedule 1 are payable in respect of the matters specified in that schedule. (2) The fees and charges set out in Schedule 1 apply on and after 1 July 2007. 5 Levies (1) The levies set out in Schedule 2 are payable in respect of the matters specified in that schedule. (2) The annual levies set out in Schedule 2 apply on and after 1 July 2007. 6 When fees, charges, and levies payable (1) Subject to subclauses (2) and (3) and regulation 7, the fees, charges, and levies specified in Schedules 1 and 2 are payable (a) on the making of the relevant application or on performance of the relevant service, as the case may require; or (b) within 10 days, or within such longer period as the Director-General may allow, after receipt of a demand for the appropriate amount from the Director-General. (2) In the case of the verification charges set out in Part 7 of Schedule 1, those charges are payable monthly in advance on the basis of an estimated charge notified by the Director-General, followed by reconciliation and an appropriate further payment or refund after provision of the actual services. (3) The amount of any such estimated charge notified by the Director-General is payable on the later of (a) the tenth day after notification of the estimated amount by the Director-General; and (b) either (i) in the case of export meat processors, the 27th day of the month preceding the month in which the services are to be provided: (ii) in all other cases, the 24th day of the month preceding the month in which the services are to be provided. 7 Alternative payment of annual charge (1) Despite anything in these regulations, the Director-General may, at the request of the person concerned, calculate an annual charge based on an estimate of the fees and charges set out in Schedule 1 that would be payable by the person for the year. (2) The Director-General must notify the person in writing of the annual charge calculated. (3) An annual charge calculated under this regulation (a) is payable in equal monthly instalments by the 27th day of each month of the year to which it relates (or by the 27th day of the month following that in which the Director-General gives the person written notice of the calculation, if later); and (b) is to be subject at the end of the year concerned to reconciliation and an appropriate further payment or refund once the level of the actual services provided is known. 8 Exemptions No fee, charge, or levy is payable under these regulations in respect of the export of any dog that (a) is certified by the Royal New Zealand Foundation for the Blind as being a guide dog, or a dog under training as a guide dog, or a dog intended as breeding stock for guide dogs; or (b) is certified by the Hearing Dogs for Deaf People New Zealand trust as being a hearing ear dog, or a dog under training as a hearing ear dog, or a dog intended as breeding stock for hearing ear dogs; or (c) is certified by the Top Dog Companion Trust as being a companion dog, or a dog under training as a companion dog, or a dog intended as breeding stock for companion dogs. 9 Director-General may grant exemption or waiver The Director-General may grant an exemption from, or waive or refund, any fee, charge, or levy specified in these regulations, in whole or in part, in any appropriate case or class of cases. 10 GST The fees, charges, and levies in Schedules 1 and 2 determined on an hourly basis or on the basis of the number of animals involved in a relevant activity are inclusive of goods and services tax, unless those schedules specifically provide otherwise. 11 Revocation The Animal Products (Fees, Charges, and Levies) Regulations 2002 (SR 2002/138) are revoked. Schedule 1 rr 4, 6, 7, 10 Fees and charges Part 1 Schedule of fees Matter in respect of which fee Fee* payable under Animal Products 1 Application under section $137.25 20 for registration of plus assessment charge on risk management programme hourly basis specified in Part 2 2 Application under section $137.25 25 for agreement to plus assessment charge on amendment of risk hourly basis specified in management programme Part 2 3 Fee in relation to update $137.25 of risk management plus assessment charge (if programme under section 26 any) on hourly basis specified in Part 2 4 Application under section $100 34 for registration of plus assessment charge on food safety programme as hourly basis specified in risk management programme Part 2 in respect of assessing of conditions 5 Application under section $137.25 54 for registration as plus assessment charge on exporter hourly basis specified in Part 2 6 Application for approval $137.25 of premises for export of plus $137.25 per hour in products where required considering application, under export requirements but excluding the first hour 7 Annual exporter $137.25 registration fee under plus assessment charge on section 57 hourly basis specified in Part 2 8 Application under section $137.25 65G for listing as a game plus assessment charge on estate hourly basis specified in Part 2 9 Annual listing fee under $137.25 section 65L plus assessment charge on hourly basis specified in Part 2 10 Application under section $137.25 75 for listing as homekill plus assessment charge on or recreational catch hourly basis specified in service provider Part 2 11 Annual listing fee under $137.25 section 77 plus assessment charge on hourly basis specified in Part 2 12 Application under section $137.25 102 for recognition or plus assessment charge on accreditation hourly basis specified in Part 2 13 Annual recognition or $137.25 accreditation fee under plus assessment charge on section 108 hourly basis specified in Part 2 14 Application for provision $40 under section 111 of substituted notice of recognition or accreditation 15 Issue of official $36 assurance under section 63 16 Reissue of official $1,000 assurance under section 64(2) if replacement assurance demanded by importing country 17 Issue, on request, of $25 statement of New Zealand standard under section 83 18 Registration of transport $137.25 per application operator under notice plus assessment charge on issued under section 60 hourly basis specified in Part 2 19 Annual registration fee $137.25 per application for transport operator plus assessment charge on hourly basis specified in Part 2 20 Application to list animal $137.25 per application material depot as required plus assessment charge on under notice issued under hourly basis specified in section 167 and renewal of Part 2 listing 21 Application for issue or $137.25 per application revocation of relay permit plus assessment charge on for bivalve molluscan hourly basis specified in shellfish issued under Part 2 Animal Products (Regulated Control Scheme Bivalve Molluscan Shellfish) Regulations 2006 22 Application for $137.25 per application registration as bivalve plus assessment charge on molluscan shellfish hourly basis specified in harvest operator under Part 2 Animal Products (Regulated Control Scheme Bivalve Molluscan Shellfish) Regulations 2006 23 Annual bivalve molluscan $137.25 shellfish harvest operator fee 24 Application to list or $137.25 per application renew listing as transport plus assessment charge on operators, sorting shed hourly basis specified in operators, or depot Part 2 operators required by notice made under Animal Products (Regulated Control Scheme Bivalve Molluscan Shellfish) Regulations 2006 25 Application to list as $137.25 per application certified suppliers of plus assessment charge on petfood hourly basis specified in Part 2 26 Application to list a $137.25 per application limited processing vessel plus assessment charge on hourly basis specified in Part 2 27 Annual limited processing $137.25 vessel listing fee 28 Application for approval $137.25 per application of MAF Devices plus assessment charge on (brands/seals) made under hourly basis specified in Animal Products (Export Part 2 Requirements for Branding, Marking and Security Devices) Notice 2006 made under section 167. 29 Application for $137.25 per application recognition or plus assessment charge on accreditation under hourly basis specified in section 100 Part 2 *Fee exclusive of any applicable costs payable under Parts 3, 4, and 5. Part 2 Assessment charges on hourly basis Where Part 1 specifies an assessment charge on an hourly basis, that charge is to be determined as follows for each hour (or final part-hour) beyond the first hour spent on assessing the matter concerned: Category Fee ($) (a) For each hour (excluding final part-hour) spent by an officer or employee of the Ministry 137.25 For each 15-minute block in final part-hour 34.31 (b) For each hour (excluding final part-hour) spent by a person engaged by the Ministry to assess the matter concerned who is not an officer or employee of the Ministry 150 For each 15-minute block in final part-hour 37.50 Part 3 Costs incurred by Ministry at request of operator, etc Actual and reasonable expenses incurred by an officer or employee of the Ministry may be recovered by the Ministry where those expenses arise from (a) a request by the operator of a risk management programme, or other processor; or (b) an act or omission of an operator or processor. Part 4 Travel costs Where travel of a Ministry officer or employee is required for any of the matters specified in Parts 1, 2, 3, 7, and 8, an additional amount of $0.69 per kilometre travelled by the officer or employee is payable in addition to the relevant fee or charge. Part 5 Cost of other work-related allowances Additional amounts are payable in respect of the actual and reasonable cost to the Ministry of work-related allowances paid to Ministry officers and employees where these are fairly attributable to any of the matters specified in Parts 1, 2, 3, 7, and 8. Without limiting the generality of what constitutes a work-related allowance, these include matters such as meal allowances, clothing and laundry allowances, and field, standby, and isolation allowances. Part 6 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) x appropriate percentage where cost per request is the amount fixed from time to time by the Director-General by notice under section 167(1)(ma) of the Animal Products Act 1999 for each database request, having regard to clauses 2 and 4 cost per second is the amount fixed from time to time by the Director-General by notice under section 167(1)(ma) of that Act for each second of time on the server, having regard to clauses 3 and 4 appropriate percentage is (a) for packhouses (being businesses that process or pack animal products intended for export but that do not carry out any other type of processing), 33%: (b) for industry users of a class for which Ministry Verification Agency use of the electronic certification system is not required, 55%: (c) for industry users of a class for which Ministry Verification Agency approvals apply to less than 16% of the industry user's export certificates, 55%: (d) for all other industry users, 100%. 2 For the purposes of clause 1, the cost per request should generally be determined by dividing half the annual budget for the electronic certification system by the projected number of database requests for the year. 3 For the purposes of clause 1, the cost per second should generally be determined by dividing half the annual budget for the electronic certification system by the projected length of time (in seconds) that the server will take to respond to all database requests in the relevant year. 4 In setting any cost per request or cost per second, the aim is for these costs to reflect usage of the electronic certification system for the relevant year or other period, with regular updating if appropriate. 5 This Part applies to all users of the electronic certification system. Part 7 MAF verification charges Notes 1 The charges set out in this Part apply where any verification function under the Animal Products Act 1999 is carried out by an officer or employee of the Ministry. 2 The charges set out in this Part that are determined on an hourly basis 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, after-hours callout charges refer to charges payable for hours where a veterinary or non-veterinary verifier performs verification functions at any place or premises outside 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 refer to charges payable in respect of any place or premises where the verification functions are performed by Ministry verifiers who are not permanently or semi-permanently based at the place or 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 refer 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 the rate per hour of the first 3 hours of penal time worked by an employee during the period between (a) midnight at the end of Friday; and (b) midday Saturday penal rate 1.0 means the rate for every hour of penal time worked by an employee other than hours to which penal rate 0.5 applies 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 on a Saturday, Sunday, or 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 remunerations for working shifts supervising veterinary verifier means a veterinary verifier who has prime responsibility for the verification function at a place or premises time and a half, or 1&frac12; 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. 1 Establishment charge A Basic hourly charge on export and game sectors For each hour normal $30.23 time (but not penal time hours or 1 1/2 or double time hours) spent by a verifier in verification functions B Hourly charges for verifiers (1) Veterinary verifier (a) non-shift rates: per hour $63.05 per hour $70.51 at 11/2 time per hour $94.02 at double time (b) shift the rates relevant rate specified in paragraph (a), plus an additional rate of (i) $30.00 per shift per verifier for evening shift (ii) $41.00 per shift per verifier for night shift (c) penal the rates relevant rates specified in paragraphs (a) and (b), plus an additional rate of (i) $23.97 per hour per verifier for penal time worked at penal rate 0.5 (ii) $47.94 per hour per verifier for penal time worked at penal rate 1.0 (d) reserve $47.94 rate per hour for each hour worked by a reserve verifier (2) Supervising veterinary verifier (a) non-shift rates: per hour $67.04 per hour $76.52 at 11/2 time per hour $102.03 at double time (b) shift the rates relevant rate specified in paragraph (a), plus an additional rate of (i) $30 per shift per verifier for evening shift (ii) $41 per shift per verifier for night shift (c) penal the rates relevant rates specified in paragraphs (a) and (b), plus an additional rate of (i) $25.76 per hour per verifier for penal time worked at penal rate 0.5 (ii) $51.52 per hour per verifier for penal time worked at penal rate 1.0 (d) reserve $51.52 rate per hour for each hour worked by a reserve verifier 2 Circuit charge A Basic hourly charge on primary processors who slaughter or dress animals other than fish Charge for each hour $20.82 per hour spent by a verifier in verification function for animals other than fish B Basic hourly charge on secondary processors (other than processors of fish and operators of coolstores or other storage premises) Charge $20.82 for each per hour hour spent by a verifier in verification function C Annual charge for coolstores or other storage premises, and for processors of fish (to be pro-rated on a monthly basis where verification contract for less than a full year) (a) $980.00 coolstores per annum or other storage premises, per coolstore or other premises (b) primary $489.00 processing per annum (including on a fishing vessel) of fish other than bivalve molluscan shellfish (c) primary $1,379.00 processing per annum of bivalve molluscan shellfish D Monthly charge for fishing vessels Charge $18.50 per per annum vessel (in addition to any relevant charge under item C) E Hourly charges for verifiers (for all verification activities) (1) non-veterinary verifier: (a) non-penal rates: per hour $83.49 (excluding seafood and coolstore premises) per hour $81.91 for seafood and coolstore premises per hour $107.02 at 11/2 time per hour $142.70 at double time (b) penal the rates relevant rate specified in paragraph (a), plus an additional rate of (i) $35.67 per hour per verifier for penal time worked at penal rate 0.5 (ii) $71.35 per hour per verifier for penal time worked at penal rate 1.0 (2) veterinary verifier: (a) non-penal rates per hour $83.49 (excluding seafood and coolstore premises) per hour $81.91 for seafood and coolstore premises per hour $107.02 at 11/2 time per hour $142.70 at double time (b) penal the rates relevant rate specified in paragraph (a), plus an additional rate of (i) $35.67 per hour per verifier for penal time worked at penal rate 0.5 (ii) $71.35 per hour per verifier for penal time worked at penal rate 1.0 3 After-hours callout charge A Minimum charge Minimum charge charge for 3 for any hours at individual the relevant after-hours rate under callout, item B however (plus long flat rate $8.70 breakfast shift charge, if applicable) B Hourly charges for verifiers (a) per hour $75.00 (plus flat rate $8.70 breakfast shift charge, if applicable) (b) per hour $125.00 at 11/2 (plus time flat rate $8.70 breakfast shift charge, if applicable) (c) per hour $150.00 at double (plus time flat rate $8.70 breakfast shift charge, if applicable) Part 8 Unit charges and hourly rates in respect of export of live animals and animal germplasm Type of unit Charge ($) 1 Unit charges payable for each relevant unit to be exported Cats and dogs (including 25.00 semen) (per animal or straw) Livestock (only bovine, 1.75 caprine, cervine, ovine, and porcine) (per head of livestock) Cattle over and above a 1.00 consignment size of 4 000 cattle per exporter (per additional head of cattle) Sheep over and above a 1.00 consignment size of 5 000 sheep per exporter (per additional sheep) Bloodstock (only equine) 3.45 (per horse) Semen (only equine, bovine, 0.08 caprine, cervine, and ovine) (per straw) Embryos and ova (only 4.00 equine, bovine, caprine, cervine, and ovine) (per embryo or ovum) Day old chicks and hatching 0.0013 eggs (only poultry and ducklings) (per chick or egg) Ferrets (per ferret) 2.10 Queen bees and bumble bees 0.75 (per bee), and other honey bees (per kilogram) Other animals and animal 4.95 germplasm not specified above (per animal, egg, or straw) 2 Hourly charges (1) Hourly rate for recognised persons who are employees of the Ministry undertaking specialist functions and activities necessary for the export of live animals or germplasm: (a) for each hour (excluding 96.10 final part-hour) (b) for each 15-minute block in 24.05 final part-hour (2) Hourly rate for services undertaken by an employee of the Ministry, on behalf of an exporter, to negotiate with the importing country alternative measures for meeting access requirements for overseas markets: (a) for each hour (excluding 132.00 final part-hour) (b) for each 15-minute block in 33.00 final part-hour (3) Hourly rate for services undertaken by an employee of the Ministry, on behalf of an exporter, to negotiate new access requirements for overseas markets (except for exporters of cats and dogs): (a) for each hour (excluding 132.00 final part-hour) (b) for each 15-minute block in 33.00 final part-hour Schedule 2 rr 5, 6, 10 Levies Notes 1 The levies set out in this schedule are payable by (a) operators of risk management programmes in respect of operations under the programme: (b) operators of hides and skins export approved premises: (c) operators of fishing vessels operating under the regulated control scheme set out in the Animal Products (Regulated Control Scheme---Limited Processing Fishing Vessels) Regulations 2001. 2 The levies set out in this schedule are payable irrespective of who performs any verification or other function in relation to the processing operations. 3 The levies per head set out in clause 1 are exclusive of goods and services tax, and goods and services tax on those levies will be added to the total invoice. 1 Levies per head where animals slaughtered and dressed (GST exclusive) The following levies are payable by the operators (not being homekill or recreational catch service providers) of premises or places where the animals specified are slaughtered and dressed, on the basis of the number of animals slaughtered and dressed: Operators that Operators that process wholly process only or partly for for consumption export within New Zealand Lambs, bobby $0.09 per head $0.03 per head calves, goats Sheep $0.08 per head $0.03 per head Pigs $0.24 per head $0.08 per head Cattle, horses $0.69 per head $0.21 per head Deer $0.86 per head $0.10 per head Ostriches, emus $6.54 per head $1.02 per head Poultry $0.004399 per $0.00255 per bird bird Other species $0.20 per head $0.20 per head (other than fish) 2 Annual levies for fish (a) primary $4,540 per processors annum of fish other than bivalve molluscan shellfish (b) primary $11,007 per processors annum of bivalve molluscan shellfish 3 Annual levy for coolstores and other storage premises Operator of $190 per a coolstore annum or other storage premises, per coolstore or other premises 4 Monthly levy for fishing vessels Fishing $378 per vessel month operating under risk management programme or under regulated control scheme set out in Animal Products (Regulated Control Scheme Limited Processing Fishing Vessels) Regulations 2001 5 Annual levy for primary or secondary animal processing premises or places that do not include animal slaughter (a) annual levy $258 per for bee annum for products all processors (b) annual levy $191 per for egg annum for products all processors (c) annual levy $326 per $769 per for animal annum* annum<1> feed processors (d) annual levy $222 per for dual annum for operator all butchers processors (e) annual levy $297 per $1,252 per for annum* annum<1> renderers (f) annual levy $80 per for hides annum for and skins all processors processors (g) annual levy $954 per $1,054 per for primary annum* annum<1> or secondary processors (processing animal material or animal product not covered under paragraph (a) to (f) *Operators that process only for consumption within New Zealand. <1>Operators that process wholly or partly for export. Diane Morcom, Clerk of the Executive Council. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 31 May 2007. These regulations are administered by the Ministry of Agriculture and Forestry.