Meat Act (No. 56 of 1981)

MEAT ACT 1981 1981 No 56 AMENDMENTS 1982 No 82 1983 No 121 1985 No 142 1987 No 196 1988 No 120 1991 No 96 1992 No 54 1999 No 39 An Act to consolidate and amend the Meat Act 1964 and its amendments, and to make other provision relating to the slaughtering, processing, packing, inspection, distribution, and export of certain animals and any products or byproducts derived from them [22 October 1981 ANALYSIS (List of Sections) 1. Short Title 2. Interpretation PART 1 — INSPECTORS AND OTHER OFFICERS 3. Director of Meat Division (Repealed) http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.1&softpage=DOC#JUMPDEST a1981-056/s.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.2&softpage=DOC#JUMPDEST a1981-056/s.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.3&softpage=DOC#JUMPDEST a1981-056/s.3 4. Inspectors and other officers may be appointed 5. Qualifications of Inspectors 6. General powers of Inspectors 7. Inspector may prohibit use of insanitary premises [7A. Movement controls 8. Examining officers [8A. Building Act 1991 PART 2 — SALE OF MEAT AND OTHER PRODUCTS FOR HUMAN CONSUMPTION 9. Sale of meat for human consumption 10. Sale of uninspected meat (Repealed) 11. Conditions in respect of export of meat [11A. Export of products and byproducts in certain cases (Repealed) [11B. Re-export of certain imported products or byproducts (Repealed) 12. Diseased or defective product not to be sold 13. Sale of game or game meat 14. Game and game meat exporters to be licensed (Repealed) PART 3 — LICENSED PREMISES Premises required to be licensed [14A. Licensing not required for premises covered by risk management programme registered under Animal Products Act 1999 15. Abattoirs to be licensed [16. Export slaughterhouses to be licensed 17. Custom-killing premises to be licensed (Repealed) 18. Premises for slaughtering deer to be licensed 19. Packing houses to be licensed 20. Certain byproduct premises to be licensed 21. Export stores to be licensed 22. Game packing houses to be licensed 23. Other premises for holding game to be licensed 24. Fish depots may require to be licensed Licensing provisions http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.4&softpage=DOC#JUMPDEST a1981-056/s.4 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.5&softpage=DOC#JUMPDEST a1981-056/s.5 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.6&softpage=DOC#JUMPDEST a1981-056/s.6 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.7&softpage=DOC#JUMPDEST a1981-056/s.7 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.7a&softpage=DOC#JUMPDEST a1981-056/s.7a 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a1981-056/s.18 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.19&softpage=DOC#JUMPDEST a1981-056/s.19 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.20&softpage=DOC#JUMPDEST a1981-056/s.20 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.21&softpage=DOC#JUMPDEST a1981-056/s.21 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.22&softpage=DOC#JUMPDEST a1981-056/s.22 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.23&softpage=DOC#JUMPDEST a1981-056/s.23 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.24&softpage=DOC#JUMPDEST a1981-056/s.24 25. Premises proposed as licensed premises 26. Application for and grant of licence 27. Alteration of licensed premises 28. Change in licensee [29. Cancellation and suspension of licences Provisions relating to specified licensed premises 30. Establishment and maintenance of abattoirs and export slaughterhouses by local authorities (Repealed) 31. Subsidiary undertakings in connection with abattoir (Repealed) 32. Restrictions on meat used in meat packing houses 33. Hygienic condition of licensed premises 34. Unlawful to slaughter animals other than stock in slaughterhouse 35. Branding of carcasses 36. Branding of products 37. Obligation of licensee to accept certain stock or farmed deer for slaughter (Repealed) 38. Pooling of hides, wool, or pelts (Repealed) 39. Dispute in respect of stock or farmed deer supplied to packing house (Repealed) Rural slaughterhouses 40. Rural slaughterhouses (Repealed) 41. Effect of rural slaughterhouse licence (Repealed) General provisions 42. Register of Meat Industry Licences 43. Keeping of records [Lapse of licences following commencement of Animal Products Act 1999 [43AA. Lapse of custom-killing premises and rural slaughterhouse licences [43AB. Lapse of licences for premises becoming subject to registered risk management programmes [43AC. Lapse of remaining licences on repeal of this Act [PART 3A — RECOVERY OF INSPECTION COSTS [43AD. Application of this Part [43A. Interpretation [43BA. Meat inspection services http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.25&softpage=DOC#JUMPDEST a1981-056/s.25 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26&softpage=DOC#JUMPDEST a1981-056/s.26 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.27&softpage=DOC#JUMPDEST a1981-056/s.27 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.28&softpage=DOC#JUMPDEST a1981-056/s.28 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.29&softpage=DOC#JUMPDEST a1981-056/s.29 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a1981-056/s.43 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43aa&softpage=DOC#JUMPDEST a1981-056/s.43aa http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43ab&softpage=DOC#JUMPDEST a1981-056/s.43ab http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43ab&softpage=DOC#JUMPDEST a1981-056/s.43ab http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43ac&softpage=DOC#JUMPDEST a1981-056/s.43ac http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43ad&softpage=DOC#JUMPDEST a1981-056/s.43ad http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43a&softpage=DOC#JUMPDEST a1981-056/s.43a http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43ba&softpage=DOC#JUMPDEST a1981-056/s.43ba [43B. Director-General to recover inspection costs [43C. Incidence of recovery [43D. Director-General to consult representative organisations [43DA. Director-General may specify commencement and length of season [43E. Director-General to consult managers [43F. Inspection service may be withdrawn in certain circumstances [43G. Minister may direct rebates [43H. Rebates PART 4 — MISCELLANEOUS PROVISIONS [Disposition of levies [44. Disposition of levies (Repealed) Recovery of costs of Ministry [44A. Ministry to recover certain costs (Repealed) Appeals 45. Certain decisions of Minister may be considered by committee Offences and penalties 46. Obstruction of officers 47. Offences and penalties 48. Proceedings against licensees Regulations 49. Regulations 50. Exemptions from licensing and regulations 51. Regulations may provide for directives Miscellaneous provisions 52. Liability for nuisance not affected 53. Other Acts not affected 54. Dissolution of Meat Industry Authority 55. Transitional provisions 56. Repeals and revocations 57. Consequential amendments to Meat Export Control Act 1921-22 relating to meat export licences (Repealed) http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43b&softpage=DOC#JUMPDEST a1981-056/s.43b http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43c&softpage=DOC#JUMPDEST a1981-056/s.43c http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43d&softpage=DOC#JUMPDEST a1981-056/s.43d http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43da&softpage=DOC#JUMPDEST a1981-056/s.43da http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43e&softpage=DOC#JUMPDEST a1981-056/s.43e http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43f&softpage=DOC#JUMPDEST a1981-056/s.43f http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43g&softpage=DOC#JUMPDEST a1981-056/s.43g http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43h&softpage=DOC#JUMPDEST a1981-056/s.43h http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.44&softpage=DOC#JUMPDEST a1981-056/s.44 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.44a&softpage=DOC#JUMPDEST a1981-056/s.44a http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.45&softpage=DOC#JUMPDEST a1981-056/s.45 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.46&softpage=DOC#JUMPDEST a1981-056/s.46 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.47&softpage=DOC#JUMPDEST a1981-056/s.47 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.48&softpage=DOC#JUMPDEST a1981-056/s.48 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.49&softpage=DOC#JUMPDEST a1981-056/s.49 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.50&softpage=DOC#JUMPDEST a1981-056/s.50 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.51&softpage=DOC#JUMPDEST a1981-056/s.51 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.52&softpage=DOC#JUMPDEST a1981-056/s.52 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.53&softpage=DOC#JUMPDEST a1981-056/s.53 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.54&softpage=DOC#JUMPDEST a1981-056/s.54 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.55&softpage=DOC#JUMPDEST a1981-056/s.55 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.56&softpage=DOC#JUMPDEST a1981-056/s.56 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.57&softpage=DOC#JUMPDEST a1981-056/s.57 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.57&softpage=DOC#JUMPDEST a1981-056/s.57 SCHEDULES SCHEDULE BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title— This Act may be cited as the Meat Act 1981. 2. Interpretation— (1) In this Act, unless the context otherwise requires,— ``Abattoir'' means any premises (other than licensed custom-killing premises or a rural slaughterhouse) that are used as an abattoir for the slaughter of stock from which meat is derived for sale on the domestic market: [``Animal'' means— (a) Any stock, game, fish, or poultry; or (b) Any farmed deer and, if it has been farmed, any possum or rabbit; or http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fsch.0&softpage=DOC#JUMPDEST a1981-056/sch.0 (c) Any other creature declared by the Governor-General, by Order in Council, to be an animal for the purposes of this Act:] [``Animal premises'' means any premises used (whether the use is the primary use to which the premises are put, or some secondary, subsidiary, or occasional use) for breeding, farming, fattening, finishing, holding, or raising, stock or farmed deer:] ̀`Approved'' means approved by the Director: ̀`Brand'' includes any mark or stamp, and also includes any tag or label bearing any mark or stamp: ̀`Byproduct'' means any article not intended nor capable of being used for human consumption that is derived in whole or in substantial or known quantities from animals: ̀`Canning'' includes the canning of products for sale in cans or glass containers: ̀`Carcass'' means the body and head of any slaughtered animal after bleeding and dressing; and includes any part (other than any offal) that has been severed therefrom: ̀`Casings'' means any products derived from the intestines of any slaughtered animal and intended for use as containers of any other product: ̀`Custom-killing premises'': definition repealed: ̀`Deer slaughtering premises'' means premises used or intended to be used for slaughtering any farmed deer: [``Defect'', in relation to an animal or product, of any kind or description, means any contamination, disease, fault, inferiority, or other condition that, in an Inspector's opinion (formed in the light of any standards relating to the fitness for use for human consumption of animals or products, of that kind or description for the time being approved), renders the animal or product, unfit for use for human consumption; and ``defective'' has a corresponding meaning:] [``Director'' means the Director-General:] [``Director-General'' means the chief executive of the Ministry] ̀`Disease'' includes any such disease as may be prescribed: ̀`Dress'' means,— (a) In relation to slaughtered animals (other than pigs, sheep, goats, poultry, fish, or rabbit), the removal of the head, hide or skin, viscera, genital organs, urinary bladder, the feet up to the carpal and tarsal joints, and the udders of lactating animals or animals that have calved or are in advanced pregnancy; and (b) In relation to slaughtered pigs, the removal of hair and bristles or skin, the claws, eyelids, viscera, genital organs, urinary bladder, the udders of lactating animals or animals that have farrowed or are in advanced pregnancy, and the external acoustic duct, unless, in respect of that part, an approved alternative method of cleaning is used; and (c) In relation to slaughtered sheep, lambs, goats, kids, and rabbits the removal of the head (except in the case of young lambs and young kids), the pelt or skin (including that of the head), the viscera, genital organs, urinary bladder, the feet up to the carpal and tarsal joints, and the udders of lactating animals or animals that have given birth or are in advanced pregnancy; and (d) In relation to cattle, pigs, and solipeds, dividing the carcass lengthwise on the median line where necessary,— and ``dressed'' and ``dressing'' have corresponding meanings: ``Export slaughterhouse'' means any premises (other than a licensed abattoir, custom-killing premises, or a rural slaughterhouse) that are used for the slaughter of stock from which any product is derived for sale for export: ̀`Farmed deer'' means deer kept in captivity pursuant to a permit, licence, or other authority issued or given under the Wild Animal Control Act 1977: ̀`Fish'' means all species of fish including crustacea, shellfish, and echinoderms: ̀`Fish depot'' means premises used or intended to be used as a depot for holding— (a) Chilled or frozen fish before its delivery to a fish packing house: (b) Ice and bait before its delivery to a fishing boat: ̀`Fish packing house'' means any premises used for the processing, handling, holding, or storage of fish for export for human consumption: http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1977-111&softpage=DOC#JUMPDEST a1977-111 ̀`Fish product'': definition repealed: ̀`Game'' means— (a) Any deer (except farmed deer), chamois, . . . or hare: (b) Any [goat, horse, pig, possum, rabbit, or thar] which is not being herded, mustered, or handled in the manner of a farm animal or kept within an effective fence or enclosure for farming purposes or, in the case of goats, used for the control of noxious plants: (c) Any other animal which the Governor-General, by Order in Council, may declare to be game for the purposes of this Act— and includes every part of any killed game, and any antler harvested from any live farmed deer, which is, or may be rendered, fit for human consumption: ̀`Game meat'' means any product derived from slaughtered farmed deer, whether derived from the carcass or offal or any other part: ``Game packing house'' means premises used or intended to be used for the processing or packing of game or game meat or any product derived therefrom for sale for human consumption: ̀`Game product'': definition repealed: ``Inspected meat'' means meat derived from stock slaughtered in an abattoir or in an export slaughterhouse, being meat which has been inspected and passed as fit for human consumption: ̀`Inspector'' means an Inspector appointed for the purposes of this Act; and includes the Director: ̀`Killed game'' means game hunted and killed in the wild; but does not include farmed deer slaughtered in deer slaughtering premises: ̀`Licence'' means a licence granted under this Act in respect of any premises required to be licensed: ̀`Local authority'' means a territorial authority within the meaning of the Local Government Act 1974: ̀`Meat'' means— (a) The edible part of the muscle of any slaughtered stock which muscle is skeletal or found in the tongue or diaphragm, with or without the accompanying and overlying fat and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing; but does not include the muscle found in the lips, snout, or ears; and (b) Any edible offal [(other than casings)] taken from slaughtered stock: [``Meat Board'' means the New Zealand Meat Board established by section 4(1) of the http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1974-066&softpage=DOC#JUMPDEST a1974-066 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1974-066&softpage=DOC#JUMPDEST a1974-066 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1997-105%2fs.4-ss.1&softpage=DOC#JUMPDEST a1997-105/s.4-ss.1 Meat Board Act 1997:] ̀`Meat Producers Board'': definition repealed: [``Minister'' means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act] [``Ministry'' means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act] ``Offal'' means any part of any slaughtered stock or farmed deer that is removed when dressing those animals; and includes viscera (being those organs of the thoracic and abdominal cavities), kidneys, the brain, tongue, and thymus: [``Organism'' includes micro-organism:] ̀`Packing'', in relation to any product, means the packaging or enclosing thereof in any box, bag, barrel, carton, drum, wrapper, or other receptacle; and includes canning: ``Packing house'' means any premises that are for the time being licensed for the processing or packing of products intended for export; and includes all appurtenances thereto: ̀`Poultry'' means domestic fowls, ducks, geese, turkeys, pigeons, and pheasants; and includes the carcass and every edible part of any slaughtered poultry; and also includes any bird which the Governor-General may, by Order in Council, declare to be poultry for the purposes of this Act: ``Poultry processing house'' means any premises used for the slaughter, processing, or packing of poultry or poultry products for sale for human consumption; but does not include any premises where the poultry has been reared, slaughtered, and processed or packed by the occupier on his own behalf and is sold on his own behalf from those premises: ̀`Premises'' means any land or buildings; and includes any ship, aircraft, or hovercraft, or any vehicle or conveyance of any kind whatsoever: ̀`Processing'' includes cutting and the use of all methods of manufacture and preservation: [``Product'' means any article or substance that— (a) Is intended for sale; and (b) Is intended to be, or capable of being, used for human consumption; and (c) When reduced to a dehydrated state, contains by weight 5 percent or more of substances (other than dairy produce) derived from any animal or animals;— and, in relation to any animal or description or species of animal, means a product derived from that animal or animals of that description or species:] ̀`Rabbit'': definition repealed: ̀`Rural meat area'': definition repealed: ̀`Rural slaughterhouse'': definition repealed: ``Sale'' includes every method of disposition for valuable consideration including barter; and includes the disposition to an agent for sale on consignment; and also includes offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and ``sell'' and ``sold'' have corresponding meanings: [``Slaughter'' includes the killing of animals to produce byproduct:] ``Slaughterhouse'' means, as the case may require, an abattoir, an export slaughterhouse, a rural slaughterhouse, or custom-killing premises; and includes all appurtenances thereto: ̀`Stock'' includes— (a) Cattle [and sheep]: (b) [Goats, horses, pigs, and thar] which are being herded, mustered, or handled in the manner of farm animals or are kept within an effective fence or enclosure for farming purposes or, in the case of goats, used for the control of noxious plants: (c) Any other [creature] which the Governor-General, by Order in Council, may declare to be stock for the purposes of this Act. (2) Any Order in Council made under subsection (1) of this section for the purpose of extending the definition of the terms ``game'', ``poultry'', or ``stock'' may, at any time, in like manner be amended or revoked. (3) Repealed. [(4) For the purposes of the definition in subsection (1) of this section of the term ``defect'', where— (a) An Inspector has, in accordance with a random sampling scheme approved by the Director-General for the purpose, inspected any animal or product, (in this section referred to as the inspected item); and (b) The Inspector has formed the view that the inspected item is so contaminated, diseased, faulty, or inferior that it is unfit for use for human consumption; and (c) The Inspector has also formed the view that, because any other animal or product, or quantity of the same product,— (i) Probably came from the same place as the inspected item; or (ii) Was probably raised, treated, exposed, transported, slaughtered, dressed, processed, stored, or otherwise dealt with in the same way as the inspected item,— it is likely to be contaminated, diseased, faulty, or inferior in a similar way and to a similar extent as the inspected item,— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.2-ss.1&softpage=DOC#JUMPDEST a1981-056/s.2-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.2-ss.1&softpage=DOC#JUMPDEST a1981-056/s.2-ss.1 the Inspector is entitled (without inspecting the other animal, product, or quantity) to form the view that the other animal, product, or quantity is also so contaminated, diseased, faulty, or inferior that it is unfit for use for human consumption.] Cf 1964 No 71 s 2; 1968 No 38 ss 2, 8(6)(a); 1972 No 37 s 2; 1972 No 3 s 3(6)(a), (c); 1975 No 10 s 2; 1976 No 22 ss 2, 14(1), 35(1); 1979 No 56 s 2; 1979 No 59 s 8(3) PART 1 - INSPECTORS AND OTHER OFFICERS 3. Director of Meat Division (Repealed)— 4. Inspectors and other officers may be appointed— (1) There may from time to time be appointed under the [State Sector Act 1988] such Inspectors and other officers as may be required for the purposes of this Act. (2) The Minister may from time to time appoint any person, not being employed in the State services, as an Inspector in a part-time [or full-time] capacity for the purposes of this Act, and may also prescribe the powers and functions of any person so appointed. (3) No person, by reason only of his appointment under subsection (2) of this section, shall be deemed to be employed in the State services for the purposes of the [State Sector Act 1988] or in the Government service for the purposes of the Government Superannuation Fund Act 1956. http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1972-003%2fs.3-ss.6&softpage=DOC#JUMPDEST a1972-003/s.3-ss.6 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1972-003%2fs.3-ss.6&softpage=DOC#JUMPDEST a1972-003/s.3-ss.6 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1979-059%2fs.8-ss.3&softpage=DOC#JUMPDEST a1979-059/s.8-ss.3 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1988-020&softpage=DOC#JUMPDEST a1988-020 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.4-ss.2&softpage=DOC#JUMPDEST a1981-056/s.4-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1988-020&softpage=DOC#JUMPDEST a1988-020 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1988-020&softpage=DOC#JUMPDEST a1988-020 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1956-047&softpage=DOC#JUMPDEST a1956-047 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1956-047&softpage=DOC#JUMPDEST a1956-047 Cf 1964 No 71 s 3(4), (5) 5. Qualifications of Inspectors— No person shall be appointed as an Inspector under this Act unless that person— (a) Is registered as a veterinary surgeon under the Veterinary Surgeons Act 1956; or (b) Repealed. (c) Has such other qualifications or relevant experience that, in the opinion of the Director-General, he is competent to perform such duties of an Inspector as may be specified by the Director. Cf 1964 No 71 s 4 6. General powers of Inspectors— (1) In addition to any other powers or functions that may be conferred on Inspectors by or http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1956-022&softpage=DOC#JUMPDEST a1956-022 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1956-022&softpage=DOC#JUMPDEST a1956-022 under this Act, every Inspector shall, for the purposes of his duties, have power to enter at any reasonable time on— (a) Any licensed premises: [(ab) Any animal premises:] (b) Any premises in which any animals or products or byproducts derived therefrom intended for sale are held, stored, processed, or packed,— and there inspect the premises or any animal or product or byproduct found therein. (2) [Paragraphs (a) and (b) of subsection] (1) of this section shall authorise an Inspector to inspect the products only in any premises or part of any premises used solely for the wholesale or retail sale in New Zealand of any products. (3) No Inspector shall enter into any dwellinghouse pursuant to this section unless he is authorised in that behalf by a warrant under the hand of a District Court Judge, who shall not grant such a warrant unless he is satisfied that the Inspector has reasonable grounds for requiring entry into the dwellinghouse. [(3A) Every Inspector exercising a power of entry under this section:— (a) Shall have with him due evidence of his appointment and, if the case may require, any warrant; and (b) On initial entry, and, if requested at any subsequent time, shall produce that evidence and, if the case may require, warrant to the occupier or person in charge of the premises.] [(4) Every Inspector shall have power to require the condemnation, destruction, http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.6-ss.1&softpage=DOC#JUMPDEST a1981-056/s.6-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.6-ss.1&softpage=DOC#JUMPDEST a1981-056/s.6-ss.1 disposition, or other treatment of any animal or product or byproduct which, in his opinion,— (a) Is diseased or defective; or (b) Is not in accordance with the description on any packaging containing or relating to that product or byproduct; or (c) Is not slaughtered, dressed, processed, handled, or stored in accordance with this Act or regulations made under it; or (d) Contains chemical residues or ingredients or parts of or products derived from animal species other than those permitted by this Act or regulations made under it.] (5) Every Inspector shall, for the purpose of carrying out his functions under or pursuant to this Act, have power to take (without fee) sufficient samples for inspection, testing, or analysis of any product or byproduct or any material with which the product or byproduct may have been in contact, and to remove and hold the product or byproduct from which the sample was taken. [(6) For the purpose of ascertaining the extent (if any) to which an organism is present in any stock or farmed deer of a particular kind or description, or a substance is present in any stock or farmed deer of a particular kind or description at a level exceeding that prescribed by regulations under this Act as the maximum level permissible for stock or farmed deer of that kind or description, every Inspector has power— (a) To take (without fee) from any living stock or farmed deer of that kind or description any blood, excretion, secretion, smear, swab, tissue, or other sample whatsoever: (b) To test any living stock or farmed deer of that kind or description: (c) To use any reasonable means to identify any stock or farmed deer of that kind or description— (i) As having been tested (or tested in a particular way), or as stock or farmed deer from which a sample (or a sample of a particular kind) has been taken; or (ii) As not having been tested (or not having been tested in a particular way), or as stock or farmed deer from which a sample (or a sample of a particular kind) has not been taken: (d) To require the person in charge of the stock or farmed deer to hold it until the Inspector has (as the case requires) taken the sample, or tested or identified the stock or farmed deer.] Cf 1964 No 71 s 5; 1968 No 38 s 3 7. Inspector may prohibit use of insanitary premises— (1) If an Inspector is of opinion that any premises are, by reason of their insanitary condition or for any other reason, unsuitable for the collection, holding, slaughtering, storage, or carriage of any animal or product derived therefrom, or for the processing or packing of any such animal or product, he may, by writing addressed to the occupier of the premises or to the person for the time being in charge or appearing to be in charge thereof, order the removal of any animal or product, and may prohibit the use of the premises for any of the aforesaid purposes, either absolutely or until the defective condition has been remedied to his satisfaction. (2) Any order or prohibition under this section may be expressed to take effect as from a date to be specified by the Inspector. (3) Any person who fails to comply with any order given by an Inspector under this section commits an offence against this Act. Cf 1964 No 71 s 74 [7A. Movement controls— (1) Subject to subsection (3) of this section, an Inspector who is satisfied that— (a) An organism prescribed by regulations under this Act as an organism that is not to be present in stock or farmed deer of a particular kind or description is present in any stock or farmed deer of that kind or description; or (b) A substance is present in stock or farmed deer of a particular kind or description at a level exceeding the level prescribed by regulations under this Act as the maximum permissible level for stock or farmed deer of that kind or description; or (c) Any stock or farmed deer of a particular kind or description is or has been in a place, or has had access to food, contaminated by— (i) An organism prescribed by regulations under this Act as an organism that is not to be present in stock or farmed deer of that kind or description; or (ii) A substance the maximum permissible level of which that may be found in stock or farmed deer of that kind or description is prescribed by regulations under this Act,— may, by written notice to the occupier of any animal premises where the stock or deer is or has been (or to the person for the time being in charge or appearing to be in charge of any such premises), forbid or regulate (whether unconditionally or subject to conditions) http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.7a-ss.3&softpage=DOC#JUMPDEST a1981-056/s.7a-ss.3 the moving of animals outside the premises until an Inspector revokes the notice. (2) A notice under subsection (1) of this section— (a) May apply to all animals, animals of the kind or description concerned, or any specified class of animals of the kind or description concerned: (b) May apply to animals that are or have been anywhere on the premises, or to animals that are or have been in specified parts of the premises. (3) No Inspector shall give notice under subsection (1) of this section except in accordance with a plan, approved by the Director-General, for the imposition of controls on animals of the kind or description concerned in relation to the substance or organism concerned. (4) The Director-General shall not approve a plan for the imposition of controls on animals of any class or description without consulting— (a) Organisations recognised by the Director-General as representing the interests of producers of animals of that class or description; and (b) Organisations recognised by the Director-General as representing the interests of licensees of slaughterhouses where animals of that class or description are slaughtered.] 8. Examining officers— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.7a-ss.1&softpage=DOC#JUMPDEST a1981-056/s.7a-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.7a-ss.1&softpage=DOC#JUMPDEST a1981-056/s.7a-ss.1 (1) The Director-General may from time to time designate any officer (not being an Inspector) of the [Ministry of Agriculture and Forestry] to be an examining officer. (2) Every examining officer shall, for the purposes of his duties, have power to enter at any reasonable time on premises (not being a dwellinghouse) on which any product intended for export is held or stored, and there examine the premises or any containers used or intended to be used in holding or storing or exporting the products, and the products so held or stored. [(2A) Every examining officer exercising a power of entry under subsection (2) of this section— (a) Shall have with him due evidence of his appointment; and (b) On initial entry, and, if requested at any subsequent time, shall produce that evidence to the occupier or person in charge of the premises.] (3) After any such examination, the examining officer shall also have power, if he considers that the premises or the containers may be unhygienic or otherwise unsuitable for the purpose for which they are or are intended to be used, or that the products have suffered a diminution of quality since being held or stored or appear to be unfit for export, to direct that the containers and the products be held on the premises or, if the premises are not licensed under this Act, on the premises or on other premises licensed under this Act, until they have been re examined and inspected by an Inspector. (4) Every examining officer shall, forthwith after giving a direction under subsection (3) of this section, take steps to ensure that the containers or products held pursuant to the directive are, as soon as practicable, re-examined and inspected by an Inspector. Cf 1964 No 71 s 3A; 1976 No 22 s 58 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.8-ss.2&softpage=DOC#JUMPDEST a1981-056/s.8-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.8-ss.3&softpage=DOC#JUMPDEST a1981-056/s.8-ss.3 [8A. Building Act 1991— (1) Where an Inspector or examining officer believes that any building or sitework does not comply with the Building Act 1991, the Inspector or examining officer shall by notice in writing give to the appropriate territorial authority details of the respects in which the building or sitework is believed not to comply. (2) For the purposes of this section, the terms ``building'', ``sitework'', and ``territorial authority'' have the meanings ascribed to them by the Building Act 1991.] PART 2 - SALE OF MEAT AND OTHER PRODUCTS FOR HUMAN CONSUMPTION 9. Sale of meat for human consumption— (1) Subject to this Act, no person shall sell, expose for sale, advertise, or have in his possession for the purpose of sale, any meat derived from any stock slaughtered elsewhere than in a licensed abattoir or export slaughterhouse if the meat is intended for human consumption; but meat derived from stock slaughtered in a licensed export slaughterhouse may be sold on the domestic market as well as the export market. (2) Where any meat is found on premises used by any person for the sale of meat or for the storage of meat intended for sale it shall, for the purposes of this section, be deemed to be in the possession of that person for sale for human consumption until the contrary is proved. (3) Repealed. http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1991-150&softpage=DOC#JUMPDEST a1991-150 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1991-150&softpage=DOC#JUMPDEST a1991-150 (4) Where any person is charged with an offence against this section, the burden of proving that the meat to which the proceedings relate was derived from stock slaughtered in a licensed abattoir or export slaughterhouse, or, as the case may require, that the meat was not intended for human consumption, shall be on the defendant. (5) Repealed. [(6) This section does not apply to— (a) Meat derived from animals whose slaughter and processing is covered by a risk management programme registered under Part 2 of the Animal Products Act 1999 or a regulated control scheme made under Part 3 of that Act; or (b) Meat derived from animals slaughtered by a person listed as a homekill or recreational catch service provider under Part 6 of the Animal Products Act 1999 and supplied to employees in accordance with section 67(2) of that Act.] Cf 1964 No 71 ss 22, 22A(4), 46; 1968 No 38 s 5; 1976 No 22 s 19 10. Sale of uninspected meat (Repealed)— 11. Conditions in respect of export of meat— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.2&softpage=DOC#JUMPDEST a1999-093/pt.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.3&softpage=DOC#JUMPDEST a1999-093/pt.3 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.6&softpage=DOC#JUMPDEST a1999-093/pt.6 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fs.67-ss.2&softpage=DOC#JUMPDEST a1999-093/s.67-ss.2 (1) [No meat may be exported from New Zealand (otherwise than to Australia) unless—] (a) It is derived from stock slaughtered in an export slaughterhouse[, or in premises where the slaughter and processing operations are covered by a risk management programme registered under Part 2 of the Animal Products Act 1999 (or, to the extent not so covered, are covered by a regulated control scheme made under Part 3 of that Act)]: (b) [Subject to subsection (1B),] it has been inspected by an Inspector and has been passed by him as being free from . . . defect and as suitable for export, and is branded in an approved manner: (c) It has been properly preserved by freezing, chilling, salting, canning, drying, dehydrating, or other approved method: (d) It is properly packed and is in good order and condition at the time when it is placed on board ship or aircraft for export: (e) It has at all times before export been kept or stored in premises licensed under this Act as an export store[, or premises where the operations in relation to the meat are covered by a risk management programme registered under Part 2 of the Animal Products Act 1999 or a regulated control scheme made under Part 3 of that Act]: (f) Repealed. (g) Any requirements imposed in respect of the entry of the meat into the country to which it is proposed to export it, or in respect of its sale for human consumption therein, have, so far as they can be complied with in New Zealand, been complied with: (h) Repealed. http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.2&softpage=DOC#JUMPDEST a1999-093/pt.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.3&softpage=DOC#JUMPDEST a1999-093/pt.3 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.11-ss.1b&softpage=DOC#JUMPDEST a1981-056/s.11-ss.1b http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.2&softpage=DOC#JUMPDEST a1999-093/pt.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.3&softpage=DOC#JUMPDEST a1999-093/pt.3 [(1A) No meat may be exported from New Zealand to Australia unless— [[(a)]] [[Subject to subsection (1B),]] it has been inspected by an inspector and has been passed by that inspector as being free from defect: (b) It has been properly preserved by freezing, chilling, salting, canning, drying, dehydrating, or other approved method: (c) It is properly packed and is in good order and condition at the time when it is placed on board ship or aircraft for export: (d) Any requirements imposed in respect of the entry of the meat into Australia have, so far as they can be complied with in New Zealand, been complied with.] [(1B) Nothing in this section applies to any meat whose slaughter and processing has, by virtue of Part 3 of the Animal Products (Ancillary and Transitional Provisions) Act 1999, ceased to be subject to this Act, and this section applies subject to any regulations made under section 25 of that Act.] (2) If any person exports or does any act with intent to export any meat contrary to the provisions of this section, he commits an offence against this Act. Cf 1964 No 71 s 62(1), (4); 1976 No 22 s 46(b) [11A. Export of products and byproducts in certain cases (Repealed)— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.11-ss.1b&softpage=DOC#JUMPDEST a1981-056/s.11-ss.1b http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-094%2fpt.3&softpage=DOC#JUMPDEST a1999-094/pt.3 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-094%2fs.25&softpage=DOC#JUMPDEST a1999-094/s.25 [11B. Re-export of certain imported products or byproducts (Repealed)— 12. Diseased or defective product not to be sold— [(1) No person shall sell or offer for sale for human consumption, or have in the person's possession for sale for human consumption, any product that, to the person's knowledge,— (a) Is defective; or (b) Is— (i) So contaminated, diseased, faulty, or inferior; or (ii) So affected by some other condition,— that it is unfit for use for human consumption.] (2) For the purposes of this section, any product shall, until the contrary is proved, be deemed to be in possession for sale for human consumption if it is kept on premises used for the sale of such products for human consumption or for the storage of such products intended for sale for human consumption, and any such product that is sold shall be deemed to be sold for human consumption until the contrary is proved. Cf 1964 No 71 s 69 13. Sale of game or game meat— (1) No person shall sell, expose for sale, or have in his possession for the purpose of sale, for human consumption any game or game meat or product derived therefrom which has not been derived from a licensed game packing house or, in the case of farmed deer only, licensed deer slaughtering premises. (2) Where any game, game meat, or product derived therefrom is found on any premises used by any person for the sale of game, game meat, or product derived therefrom, or for the holding or storage of game, game meat, or product derived therefrom intended for sale, it shall, for the purposes of this section, be presumed to be in the possession of that person until the contrary is proved. (3) Where any person is charged with an offence against this section, the burden of proving that the game, game meat, or product derived therefrom to which the proceedings relate was derived from a licensed game packing house or licensed deer slaughtering premises shall be on the defendant. [(4) This section does not apply to— (a) Game or game meat or product processed under a risk management programme registered under Part 2 of the Animal Products Act 1999 or a regulated control scheme made under Part 3 of that Act: (b) Recreational catch product, within the meaning of the Animal Products Act 1999, that— (i) Is derived from game processed by a person listed as a homekill or recreational catch service provider under Part 6 of that Act; and http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093&softpage=DOC#JUMPDEST a1999-093 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093&softpage=DOC#JUMPDEST a1999-093 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.6&softpage=DOC#JUMPDEST a1999-093/pt.6 (ii) Is used or consumed in accordance with section 68 of the Animal Products Act 1999 or prepared and served or otherwise dealt with in accordance with section 69(1)(b) or (c) of that Act: (c) The sale or supply of killed game for the purpose of its being processed or packed in a game packing house: (d) The sale or supply of any antler harvested from live deer for the purpose of it being processed or packed in a game packing house.] Cf 1964 No 71 s 60C; 1975 No 10 s 3 14. Game and game meat exporters to be licensed (Repealed)— PART 3 - LICENSED PREMISES Premises required to be licensed [14A. Licensing not required for premises covered by risk management programme registered under Animal Products Act 1999— Despite anything in this Part, nothing in this Act requires operations in relation to the slaughter and dressing of animals or the processing, packing, storage, or transport of meat or any other product or byproduct to which this Act applies to be carried out in premises licensed under this Act if— (a) Those operations at those premises are covered by 1 or more risk management programmes registered under Part 2 of the Animal Products Act 1999; or (b) To the extent that such operations are not so covered, they are covered by a regulated control scheme made under Part 3 of that Act, or are specifically exempted by or under that Act (whether individually or as a class) from the requirement to be carried out under a registered risk management programme.] 15. Abattoirs to be licensed— (1) [Subject to section 14A,] no person shall use any premises as an abattoir unless he is the holder of an abattoir licence issued in respect of the premises. (2) Any slaughterhouse attached to or forming part of a research station established pursuant to the Ministry of Agriculture and Fisheries Act 1953 may be licensed as an abattoir under this Act. [16. Export slaughterhouses to be licensed— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.2&softpage=DOC#JUMPDEST a1999-093/pt.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.3&softpage=DOC#JUMPDEST a1999-093/pt.3 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.14a&softpage=DOC#JUMPDEST a1981-056/s.14a http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1953-007&softpage=DOC#JUMPDEST a1953-007 (1) [[Subject to section 14A,]] no person may use any premises as an export slaughterhouse unless the person is the holder of an export slaughterhouse licence issued in respect of the premises. (2) Subsection (1) does not apply if— (a) The premises are a licensed abattoir from which the only products exported are exported solely to Australia; and (b) Those products could lawfully be sold in New Zealand.] 17. Custom-killing premises to be licensed (Repealed)— 18. Premises for slaughtering deer to be licensed— (1) [Subject to section 14A,] no premises shall be used for slaughtering any farmed deer intended to be processed or packed into game meat or game meat products for sale for human consumption unless those premises are licensed as deer slaughtering premises. (2) [Subject to section 14A,] except as provided in section 22(4) of this Act, all processing and packing of game meat and game meat products shall be carried out in a licensed game packing house. Cf 1964 No 71 s 60A; 1965 No 10 s 3 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.14a&softpage=DOC#JUMPDEST a1981-056/s.14a http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.16-ss.1&softpage=DOC#JUMPDEST a1981-056/s.16-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.14a&softpage=DOC#JUMPDEST a1981-056/s.14a http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.14a&softpage=DOC#JUMPDEST a1981-056/s.14a http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.22-ss.4&softpage=DOC#JUMPDEST a1981-056/s.22-ss.4 19. Packing houses to be licensed— (1) This section shall apply to the following premises: (a) Any meat packing house, being premises used for the processing or packing of meat for export: (b) Any poultry processing house, as from a date specified in that behalf by the Governor-General by Order in Council: (c) Any rabbit processing house, being premises where rabbits are slaughtered, processed, or packed for sale for human consumption, from a date specified in that behalf by the Governor-General by Order in Council: (d) Subject to regulations made under this Act, any fish packing house: (e) Any casings factory, being premises used for the processing or packing of casings for export: (f) Any margarine works, being premises where edible margarine is processed or packed: (g) Any other premises where products are processed or packed and which have been declared by the Minister, by notice in the Gazette, to be premises to which this section applies. [(1A) Despite subsection (1)(a), this section does not apply to a meat packing house if— (a) The meat processed or packed for export is for export solely to Australia; and (b) That meat could lawfully be sold in New Zealand.] [(1B) Despite subsection (1)(e), this section does not apply to a casings factory if— (a) The casings processed or packed for export are for export solely to Australia; and (b) Those casings could lawfully be sold in New Zealand.] (2) [Subject to section 14A,] no person shall use any premises to which this section applies unless he is the holder of a packing house licence issued in respect of the premises. (3) Where the licensee of any export slaughterhouse carries on the processing or packing of meat for export in any part of the premises of the export slaughterhouse, that part of those premises shall be deemed to be a meat packing house, and the holder of the export slaughterhouse licence shall be deemed to be the holder of a meat packing house licence. [(4) The Director-General may, subject to any conditions the Director-General thinks fit, issue to the holder of an export store licence in respect of any premises written authority to freeze, thaw, re-freeze, and repack packed products, or to do any of those things, in the premises; and in that case that holder may, until the authority is revoked, use the premises accordingly.] Cf 1964 No 71 ss 48, 61A, 71A, 77; 1968 No 38 s 12; 1976 No 22 s 51; 1979 No 56 s 6 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.19-ss.1&softpage=DOC#JUMPDEST a1981-056/s.19-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.19-ss.1&softpage=DOC#JUMPDEST a1981-056/s.19-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.14a&softpage=DOC#JUMPDEST a1981-056/s.14a 20. Certain byproduct premises to be licensed— (1) This section shall apply to the following premises: (a) Any pet food factory, being any premises approved as suitable for the slaughter, processing, or packing of food for dogs or cats: (b) Any byproducts works, being premises approved for use for rendering operations (including the killing of live animals to be used in any such rendering operation): (c) Any other premises where byproducts are processed or packed and which have been declared by the Minister, by notice in the Gazette, to be premises to which this section applies. [(1A) Notwithstanding subsection (1) of this section, this section shall not apply to premises where every byproduct produced is a fish byproduct intended for export to a destination that, in the opinion of the Director-General, does not require byproducts imported from New Zealand to be certified by the Ministry.] (2) [Subject to section 14A,] no person shall use any premises to which this section applies unless he is the holder of a byproduct premises licence issued in respect of the premises. 21. Export stores to be licensed— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.20-ss.1&softpage=DOC#JUMPDEST a1981-056/s.20-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.14a&softpage=DOC#JUMPDEST a1981-056/s.14a (1) [Subject to section 14A,] no person shall keep or store any products intended for export in any premises unless the premises are licensed as an export store. [(2) Subsection (1) does not apply to any premises if— (a) The products in the premises that are intended for export are intended for export solely to Australia; and (b) Those products could lawfully be sold in New Zealand.] (3) Any vehicle or other conveyance or any container used in accordance with regulations under this Act for the transport, holding, or storage of products intended for export shall be deemed to be licensed under this section. (4) For the purposes of subsection (1) of this section, all products delivered or transported to such premises shall be deemed to be products intended for export. Cf 1965 No 71 ss 63, 77(4); 1976 No 22 ss 47, 51 22. Game packing houses to be licensed— (1) Subject to [section 14A and to] subsection (3) of this section, no person shall use any http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.14a&softpage=DOC#JUMPDEST a1981-056/s.14a http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.21-ss.1&softpage=DOC#JUMPDEST a1981-056/s.21-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.21-ss.1&softpage=DOC#JUMPDEST a1981-056/s.21-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.14a&softpage=DOC#JUMPDEST a1981-056/s.14a http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.22-ss.3&softpage=DOC#JUMPDEST a1981-056/s.22-ss.3 premises as a game packing house unless he is the holder of a game packing house licence issued in respect of the premises. (2) Nothing in subsection (1) of this section shall apply to the processing or packing of any game, game meat, or product derived therefrom in premises where any such game, game meat, or product, whether raw or cooked, is sold for human consumption, if the game, game meat, or product is derived from a licensed game packing house or licensed deer slaughtering premises. (3) Notwithstanding subsection (1) of this section, premises licensed pursuant to section 23(2) of this Act may be used for processing and packing game to the extent of chilling and wrapping it and premises licensed pursuant to section 23(1) of this Act may be used likewise and also for freezing game. (4) Notwithstanding subsection (1) of this section, licensed deer slaughtering premises may be used for processing or packing game meat for sale for human consumption to the extent that slaughtered farmed deer in carcass, sides, or quartered form may be wrapped, offal and other parts may be packed, and any of them may be chilled or frozen. Cf 1964 No 71 s 59; 1975 No 10 s 3 23. Other premises for holding game to be licensed— (1) Subject to [section 14A and to] subsection (2) of this section, no premises shall be used for holding killed game intended to be processed or packed in a licensed game packing house for sale for human consumption, unless those premises are licensed in accordance with regulations made under this Act as game inspection premises. (2) Any premises licensed as a game depot in accordance with regulations made under this Act may be used as a depot for holding killed game prior to the delivery of the game to a licensed game packing house or game inspection premises. http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.22-ss.1&softpage=DOC#JUMPDEST a1981-056/s.22-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.22-ss.1&softpage=DOC#JUMPDEST a1981-056/s.22-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.23-ss.2&softpage=DOC#JUMPDEST a1981-056/s.23-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.23-ss.1&softpage=DOC#JUMPDEST a1981-056/s.23-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.22-ss.1&softpage=DOC#JUMPDEST a1981-056/s.22-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.14a&softpage=DOC#JUMPDEST a1981-056/s.14a http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.23-ss.2&softpage=DOC#JUMPDEST a1981-056/s.23-ss.2 (3) Subject to any regulations made under this Act, ``premises'' in this section does not include any means of conveyance used for the transport of killed game. Cf 1964 No 71 s 60; 1975 No 10 s 3 24. Fish depots may require to be licensed— (1) Subject to [section 14A and to] any regulations made under this Act, no person shall use any premises as a fish depot unless he is the holder of a fish depot licence issued in respect of those premises. (2) Subject to any regulations made under this Act, ``premises'' in this section does not include any means of conveyance used for the transport of fish. Licensing provisions 25. Premises proposed as licensed premises— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.14a&softpage=DOC#JUMPDEST a1981-056/s.14a [(1) Subject to any regulations made under this Act, where any person proposes to erect any premises, or to reconstruct or adapt any existing premises, with the intention that they be used as premises for which a licence is required under this Act, that person shall, before the work is commenced, submit to the Director-General, in a form approved by the Director General, the plans (including a site plan) and specifications thereof and its equipment for the Director-General's approval.] [(2) The Director-General must undertake to grant a licence in respect of the premises if— (a) The plans and specifications submitted under subsection (1) were submitted before the commencement of Part 2 of the Animal Products Act 1999; and (b) He or she approves the plans and specifications; and (c) The premises are completed to his or her satisfaction; and (d) The provisions of this Act have been complied with; and (e) The licence is duly applied for before the earlier of— (i) The date 12 months after the date of undertaking, or such later date as the Director-General allows; or (ii) The date 12 months after the date of commencement of Part 2 of the Animal Products Act 1999.] Cf 1964 No 71 ss 10, 28, 41A, 49, 61C; 1968 No 38 s 12; 1976 No 22 ss 9, 23, 35(2), 39(1) http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.25-ss.1&softpage=DOC#JUMPDEST a1981-056/s.25-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.2&softpage=DOC#JUMPDEST a1999-093/pt.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.2&softpage=DOC#JUMPDEST a1999-093/pt.2 26. Application for and grant of licence— (1) Every application for a licence under this Act shall be on a form provided by the Director-General for the purpose and addressed to the Director-General accompanied by an adequate plan and description of the premises to which the application relates and the prescribed fee (if any). [(1A) No application may be made under this section after— (a) The date of commencement of Part 2 of the Animal Products Act 1999, except in a case to which paragraph (b) applies: (b) The expiry of the period of 12 months following the commencement of Part 2 of the Animal Products Act 1999, in the case of a licence applied for pursuant to an undertaking of the Director-General under section 25(2) of this Act,— and the Director-General may not consider any purported application made after that relevant date or period.] [(2) The Director-General shall consider every application for a licence under this Act, and, if satisfied that— (a) It complies with the requirements of this Act; and (b) The local authority concerned has confirmed that— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.2&softpage=DOC#JUMPDEST a1999-093/pt.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26-ss.1a&softpage=DOC#JUMPDEST a1981-056/s.26-ss.1a http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.2&softpage=DOC#JUMPDEST a1999-093/pt.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.25-ss.2&softpage=DOC#JUMPDEST a1981-056/s.25-ss.2 [[(i) The premises concerned comply with the Building Act 1991 and all relevant planning schemes; and]] (ii) The situation of the premises is not objectionable; and (iii) Satisfactory provision is made in respect of drainage, sanitation, and the disposal of refuse, effluents, and trade wastes; and (c) The construction of the premises, its accommodation for animals, and its equipment is completed and satisfactory,— shall notify the applicant that upon payment to the Director-General of a specified sum (being the Director-General's estimate of the costs to the Ministry of establishing the inspection service at the premises) a licence will be granted.] [(2A) Where an application for a licence under this Act has been made in respect of premises that were, or part of which was, formerly licensed under this Act or the Meat Act 1964, or that were or was part of any premises that were so licensed within the previous 12 months, the costs referred to in subsection (2) of this section may include all or an appropriate proportion of the costs to the Ministry of disestablishing any former inspection service at the premises.] [(2B) Upon payment of the sum specified under subsection (2) of this section in respect of any premises, the Director-General shall grant the licence concerned.] [(2C) Subject to subsection (2D) of this section, if required to do so the Director-General shall give to the occupier or intended occupier of any premises the Director-General's best estimate of— (a) The sum likely to be specified under subsection (2) of this section in respect of establishing an inspection service at the premises; and (b) If the estimate includes any sum under subsection (2A) of this section, the http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1991-150&softpage=DOC#JUMPDEST a1991-150 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26-ss.2&softpage=DOC#JUMPDEST a1981-056/s.26-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26-ss.2&softpage=DOC#JUMPDEST a1981-056/s.26-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26-ss.2d&softpage=DOC#JUMPDEST a1981-056/s.26-ss.2d http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26-ss.2&softpage=DOC#JUMPDEST a1981-056/s.26-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26-ss.2a&softpage=DOC#JUMPDEST a1981-056/s.26-ss.2a amount of the sum.] [(2D) The Director-General may refuse to give an estimate under subsection (2C) of this section unless paid the Director-General's reasonable costs in causing it to be prepared.] [(2E) The Director-General shall not be bound by any estimate given under subsection (2C) of this section.] (3) Every such licence shall be on a form provided by the Director-General for the purpose and shall continue in force until cancelled or surrendered. (4) Every such licence shall have endorsed on it such number or other means of identification as the Director-General thinks fit, being a number or other means of identification that will relate to the premises in respect of which it was issued and any product of those premises. (5) Every such licence shall specify on its face the nature of the licence and the kind of premises to which it relates, and shall be subject to such conditions and directions as may be prescribed by regulations or directive made under this Act, or as the Director-General from time to time and at any time may give or impose. Cf 1964 No 71 ss 16, 29, 30, 41A, 52, 53, 61E, 61F; 1968 No 38 s 12; 1976 No 22 s 14(1), 24, 25, 41, 42 27. Alteration of licensed premises— (1) No licensee of any premises licensed under this Act shall make or begin to make, or cause or permit to be made, any addition to or structural alteration of the premises in respect of which the licence was issued, except in accordance with plans and specifications approved by http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26-ss.2c&softpage=DOC#JUMPDEST a1981-056/s.26-ss.2c http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26-ss.2c&softpage=DOC#JUMPDEST a1981-056/s.26-ss.2c the Director-General. (2) No licensee of any premises licensed under this Act shall make any addition to or alteration of its plant, fittings, or equipment whereby, in the opinion of the Director-General, the hygienic conditions of the premises or the facilities for inspection therein may be affected, without the prior approval of the Director-General. (3) Every licensee to whom this section applies commits an offence who contravenes or fails to comply with the provisions of this section. Cf 1964 No 71 ss 37(2), 55, 61(h) 28. Change in licensee— (1) Any person purchasing or otherwise acquiring or taking over any premises licensed under this Act shall apply for a new licence in respect of those premises. (2) The Director-General, after such inquiry and investigation as he thinks necessary and notwithstanding section 26 of this Act, shall issue the new licence to the applicant if— (a) He is satisfied that the original licence has not been cancelled or suspended; and (b) The prescribed fee (if any) has been paid; and (c) The original licence is surrendered to him; and http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26&softpage=DOC#JUMPDEST a1981-056/s.26 (d) The provisions of this Act and any regulations made under it in respect of a change in licensee have been complied with. (3) Except to the extent that any condition is amended or revoked by the Director-General before issuing a licence under subsection (2) of this section, every licence so issued shall be subject to all conditions applying in respect of the licence surrendered under paragraph (c) of the said subsection at the time of the surrender. [29. Cancellation and suspension of licences— (1) Where a Court orders the Director-General, under section 48(c) of this Act, to cancel a licence, the Director-General shall forthwith cancel it. (2) Where a Court orders the Director-General, under section 48(c) of this Act, to suspend a licence, the Director-General shall forthwith suspend it— (a) For the period or periods specified by the Court, if it specified a period or periods: (b) For any period or periods the Director-General thinks fit, in every other case. (3) Where the licensee concerned requests the Director-General to suspend a licence for a specified period, the Director-General shall do so; but the fact that a licence is suspended under this subsection shall not affect or prevent its suspension or cancellation under any other provision of this section. (4) The Director-General, if satisfied that— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.28-ss.2&softpage=DOC#JUMPDEST a1981-056/s.28-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.28-ss.2&softpage=DOC#JUMPDEST a1981-056/s.28-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.48-ss.0&softpage=DOC#JUMPDEST a1981-056/s.48-ss.0 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.48-ss.0&softpage=DOC#JUMPDEST a1981-056/s.48-ss.0 (a) The premises to which a licence relates, or its equipment, have never been suitable for the purposes for which the licence was granted; or (b) Those premises or that equipment have ceased to be suitable for those purposes; or (c) The licensee of those premises has failed or refused to comply, within a time that is reasonable in relation to the direction or condition concerned and the circumstances in which it was given or imposed, with a direction or condition given or imposed (in respect of those premises) in accordance with this Act,— shall either cancel the licence or suspend it for any period or periods the Director-General thinks fit. [[(5) Where— (a) A licence has been suspended; and (b) The meat inspection service at the premises concerned has been disestablished or withdrawn on or during the suspension,— the Director-General may refuse to re-establish or reinstate the service at the premises until the licensee has paid, or made arrangements satisfactory to the Director-General to pay, to the Director-General the costs to the Ministry of disestablishing and re-establishing, or withdrawing and reinstating, the service at the premises.]] [[(6) Subject to subsection (7) of this section, if required to do so the Director-General shall give to the licensee of any premises the Director-General's best estimate of the costs to the Ministry of disestablishing and re-establishing, or withdrawing and reinstating, the meat inspection service at the premises.]] http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.29-ss.7&softpage=DOC#JUMPDEST a1981-056/s.29-ss.7 [[(7) The Director-General may refuse to give an estimate under subsection (6) of this section unless paid the Director-General's reasonable costs in causing it to be prepared.]] [[(8) The Director-General shall not be bound by any estimate given under subsection (6) of this section.]] ] Provisions relating to specified licensed premises 30. Establishment and maintenance of abattoirs and export slaughterhouses by local authorities (Repealed)— 31. Subsidiary undertakings in connection with abattoir (Repealed)— 32. Restrictions on meat used in meat packing houses— [Except to the extent (if any) for the time being approved by the Director-General in respect of those premises (and, in that case, subject to any conditions the Director-General for the time being imposes), no] person shall bring on to any premises licensed as a meat packing house, or allow to remain on those premises, or process or pack on those premises, any meat derived from stock slaughtered elsewhere than at an export slaughterhouse. http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.29-ss.6&softpage=DOC#JUMPDEST a1981-056/s.29-ss.6 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.29-ss.6&softpage=DOC#JUMPDEST a1981-056/s.29-ss.6 Cf 1976 No 22 s 42(1) 33. Hygienic condition of licensed premises— (1) It shall be the duty of the licensee of licensed premises to maintain and operate those premises in a hygienic condition to the satisfaction of an Inspector, and if the licensee fails at any time to do so, he commits an offence against this Act. (2) Repealed. Cf 1964 No 71 ss 41A(4), 43(1) 34. Unlawful to slaughter animals other than stock in slaughterhouse— (1) It shall be unlawful to slaughter or to process or pack any products derived from any animals other than stock in any part of a licensed slaughterhouse. (2) Notwithstanding subsection (1) of this section, except as otherwise provided by regulations made under this Act, it shall be lawful to store in any appropriate part of a slaughterhouse any products or byproducts which have been packed and are frozen. http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.34-ss.1&softpage=DOC#JUMPDEST a1981-056/s.34-ss.1 [(3) Notwithstanding subsection (1) of this section, the Director-General may by notice in writing to the licensee of premises that are a licensed export slaughterhouse, subject to any conditions he thinks fit, authorise that licensee to process, pack, or process and pack in those premises any products or byproducts derived from animals other than stock, and may similarly vary or revoke any such notice; and that licensee may act accordingly.] Cf 1964 No 71 s 43(2), (3) 35. Branding of carcasses— (1) Before the carcass of any stock or farmed deer that has been slaughtered in licensed premises is removed, it shall be branded [(if required)] in an approved manner with a brand approved by the Director-General in respect of the premises, and if any carcass is removed in breach of this section, the licensee of the premises commits an offence against this Act unless he proves to the satisfaction of the Court that the carcass was removed without his knowledge, consent, or connivance. [(1A) For the purposes of subsection (1), a carcass that is branded or otherwise similarly identified in accordance with regulations or specifications made under the Animal Products Act 1999 that apply in relation to carcasses and premises of the appropriate class is to be treated as branded in an approved manner with a brand approved by the Director-General in respect of the premises.] (2) Any person who, without lawful excuse, removes any carcass which has not been branded in accordance with this section from any licensed premises commits an offence against this Act. Cf 1964 No 71 s 45; 1976 No 22 s 35(3) http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.34-ss.1&softpage=DOC#JUMPDEST a1981-056/s.34-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.35-ss.1&softpage=DOC#JUMPDEST a1981-056/s.35-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093&softpage=DOC#JUMPDEST a1999-093 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093&softpage=DOC#JUMPDEST a1999-093 36. Branding of products— (1) Subject to any regulations made under this Act, before any product is removed from any licensed premises in which it has been processed or packed, it shall be branded in an approved manner and also marked with the means of identification allocated to the premises under section 26(4) of this Act, and if any product is removed in breach of this section, the licensee of premises commits an offence against this Act unless he proves to the satisfaction of the Court that the product was removed without his knowledge, consent, or connivance. [(1A) For the purposes of subsection (1), a product that is branded or otherwise identified in accordance with regulations or specifications made under the Animal Products Act 1999 that apply in relation to products and premises of the appropriate class is to be treated as branded in the approved manner and marked with the means of identification allocated to the premises under section 26(4) of this Act.] (2) Any person who, without lawful excuse, removes any product which has not been branded in accordance with this section from any licensed premises commits an offence against this Act. 37. Obligation of licensee to accept certain stock or farmed deer for slaughter (Repealed)— 38. Pooling of hides, wool, or pelts (Repealed)— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26-ss.4&softpage=DOC#JUMPDEST a1981-056/s.26-ss.4 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.36-ss.1&softpage=DOC#JUMPDEST a1981-056/s.36-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093&softpage=DOC#JUMPDEST a1999-093 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093&softpage=DOC#JUMPDEST a1999-093 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.26-ss.4&softpage=DOC#JUMPDEST a1981-056/s.26-ss.4 39. Dispute in respect of stock or farmed deer supplied to packing house (Repealed)— Rural slaughterhouses 40. Rural slaughterhouses (Repealed)— 41. Effect of rural slaughterhouse licence (Repealed)— General provisions 42. Register of Meat Industry Licences— (1) For the purposes of this Act, the Director-General shall cause to be set up and maintained a Register of Meat Industry Licences. (2) The Register shall be open to inspection by the public during ordinary office hours on payment of the prescribed fee (if any). (3) On payment of the prescribed fee (if any), there shall be sent to any person requesting the same in writing a copy of any specified entry in the Register. (4) Wherever a licence is issued, cancelled, or suspended under this Act, an appropriate entry shall be made in the Register, showing— (a) In the case of the issue of a licence, the name and address of the licensee, any conditions which may attach to a licence or directions given in respect of it, and the date on which the application was granted: (b) In the case of the cancellation of a licence, the date and the grounds on which the cancellation was made. (5) There shall also, in respect of any entry, be recorded such other particulars as may from time to time be prescribed by regulations under this Act, and such further conditions, amendments, or directions as may from time to time attach or be given in respect of any licence. Cf 1964 No 71 s 5N; 1976 No 22 s 3 43. Keeping of records— (1) The licensee of every licensed slaughterhouse, deer slaughtering premises, poultry processing house, byproducts premises, or rabbit processing house shall keep at the premises a record book in which shall be entered daily the following particulars relating to all animals slaughtered or, with respect to a byproducts works, killed at the premises during the day: (a) The number, species, and sex of the animals: (b) The name and address of the owner of the animals, or, if the licensee is the owner, of the person from whom the animals were purchased or obtained, and the date of taking delivery: (c) Repealed. (d) Such other particulars as may be prescribed. (2) If the licensee of any premises to which this section applies fails on any day to make in the record book any entry required to be made under this section, or knowingly makes a false entry therein, he commits an offence against this Act. (3) The record book shall at all times during working hours be open to inspection by any Inspector or member of the Police. Cf 1964 No 71 ss 44, 61L; 1968 No 38 ss 8(6)(c), 12 [Lapse of licences following commencement of Animal Products Act 1999 [43AA. Lapse of custom-killing premises and rural slaughterhouse licences— Every custom-killing premises licence issued under section 17 and every rural slaughterhouse licence recognised by section 40 lapses on the date of commencement of the http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.17&softpage=DOC#JUMPDEST a1981-056/s.17 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.40&softpage=DOC#JUMPDEST a1981-056/s.40 Animal Products Act 1999, and no such licence may be applied for or granted on or after that date.] [43AB. Lapse of licences for premises becoming subject to registered risk management programmes— Where any premises are licensed under any of sections 15, 16, and 18 to 24 of this Act in respect of operations in relation to meat or other products, or byproducts to which this Act applies, the licence lapses once all the operations pertaining to that licence at those premises are— (a) Covered by 1 or more risk management programmes registered under Part 2 of the Animal Products Act 1999; or (b) To the extent that such operations are not so covered, they are covered by a regulated control scheme made under Part 3 of that Act or are specifically exempted by or under that Act (whether individually or as a class) from the requirement to be carried out under a registered risk management programme.] [43AC. Lapse of remaining licences on repeal of this Act— To the extent not already lapsed, all licences and approvals under this Act lapse on [[the close of 30 June 2006]].] http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093&softpage=DOC#JUMPDEST a1999-093 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.15&softpage=DOC#JUMPDEST a1981-056/s.15 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.16&softpage=DOC#JUMPDEST a1981-056/s.16 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.18&softpage=DOC#JUMPDEST a1981-056/s.18 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.24&softpage=DOC#JUMPDEST a1981-056/s.24 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.2&softpage=DOC#JUMPDEST a1999-093/pt.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093%2fpt.3&softpage=DOC#JUMPDEST a1999-093/pt.3 [PART 3A - RECOVERY OF INSPECTION COSTS [43AD. Application of this Part— (1) This Part applies only until repealed, and as amended if appropriate, by regulations made under the Animal Products Act 1999 or the Animal Products (Ancillary and Transitional Provisions) Act 1999. (2) The repeal of any provision of this Part by such regulations does not affect the ability of the Ministry to recover any sum owing to it, or costs arising but not yet recovered by it, before the effective date of the repeal.] [43A. Interpretation— (1) In this Part of this Act, unless the context otherwise requires,— [[``Front-line inspection services'' means the routine meat inspection services provided at any plant supplied on a day-to-day or intermittent basis, including tasks http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093&softpage=DOC#JUMPDEST a1999-093 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-094&softpage=DOC#JUMPDEST a1999-094 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-094&softpage=DOC#JUMPDEST a1999-094 related to ante and post mortem inspection:]] ``Inspection contract'', in relation to any plant in any season, means the general form of contract for the season for plants of the kind or description concerned, with the modifications (if any) agreed or advised under section 43E of this Act for the plant in the season: ̀`Inspection costs'' means the direct and indirect costs to the Ministry of the meat inspection service: ̀`Manager'' means the licensee of a plant, and includes a person placed in charge of it by its manager; and, in relation to a plant, means a manager of that plant: ̀`Plant'' means premises approved or licensed under this Act: ̀`Rebate'' means a reduction allowed under section 43H of this Act: [[``Season'' means an inspection period whose commencement and length have been specified under section 43DA(1) of this Act.]] [[(2) For the purposes of the definition of ``inspection costs'', and for the avoidance of doubt,— (a) Those costs do not include the costs of front-line inspection services provided by persons outside the Ministry, except to the extent that such services are provided by such persons, by agreement with the Director-General and for valuable consideration from the Director-General, specifically as agents of or otherwise on behalf of the Director-General; and http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43e&softpage=DOC#JUMPDEST a1981-056/s.43e http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43h&softpage=DOC#JUMPDEST a1981-056/s.43h http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43da-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43da-ss.1 (b) The fact that a person carrying out such services is an Inspector appointed under section 4(2) does not mean that the Inspector is providing such services as an agent of or otherwise on behalf of the Director-General.]] ] [43BA. Meat inspection services— (1) Nothing in this Act requires the Director-General to— (a) Provide front-line inspection services at all or any plants; or (b) Carry out consultations and enter into meat inspection contracts with managers of plants under this Part, except to the extent that such consultations and contracts are necessary or appropriate to recover the direct and indirect costs to the Ministry of— (i) Front-line inspection services in fact provided by the Director-General at those plants; or (ii) Meat inspection services, being services other than front-line inspection services in respect of which costs are incurred by the Ministry. (2) Subsection (1) does not derogate from the responsibility of the Director-General and the Minister to ensure, so far as is practicable, that sufficient Inspectors are appointed under section 4 for the purposes of this Act.] http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.4-ss.2&softpage=DOC#JUMPDEST a1981-056/s.4-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43ba-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43ba-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.4&softpage=DOC#JUMPDEST a1981-056/s.4 [43B. Director-General to recover inspection costs— (1) In the administration of this Part of this Act, the Director-General shall take all reasonable steps to ensure that there is recovered in respect of every season the difference between— (a) The sum of— (i) Inspection costs in respect of the season; and (ii) Any shortfall (otherwise than by way of rebate) in the recovery of inspection costs in respect of the season before; and (b) The sum of— (i) All rebates in respect of the season; and (ii) Any over-recovery of inspection costs in respect of the season before. (2) For the purpose only of subsection (1)(b)(ii) of this section, every rebate shall be deemed to have been recovered in full.] http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43b-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43b-ss.1 [43C. Incidence of recovery— In the administration of this Part of this Act, the Director-General shall take all reasonable steps to ensure that the proportion of the amount required by section 43B of this Act to be recovered in respect of any season that is to be recovered from the managers of plants of any kind or description is an appropriate reflection of the proportion of the activities of the meat inspection service, and the activities of the Ministry in support of the service, that is likely to be devoted to plants of the kind or description during the season.] [43D. Director-General to consult representative organisations— (1) The Director-General shall from time to time consult the organisations for the time being recognised by the Director-General as representing the interests of the managers of plants of any kind or description as to the basis in which inspection costs are to be recovered in respect of plants of that kind or description. (2) The consultation shall take the form of attempting to agree a general form of contract providing for the recovery of inspection costs from managers of plants of the kind or description concerned. (3) If the Director-General and the organisations concerned reach agreement, the general form of contract for plants of the kind or description concerned shall be the form agreed. (4) If— (a) Four weeks have passed since the last of the organisations to be consulted was first consulted; and http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43b&softpage=DOC#JUMPDEST a1981-056/s.43b (b) The Director-General and the organisations have not reached agreement,— the Director-General may advise the organisations of a general form of contract, and of the Director-General's reasons for deciding on the form; and in that case the general form of contract for plants of the kind or description concerned shall be the form advised of. (5) In deciding on a form under subsection (3) or subsection (4) of this section, the Director-General shall have regard to— (a) All matters raised by the organisations concerned during consultation; and (b) Any rate of reduction for the time being directed under section 43G of this Act; and (c) Sections 43B and 43C of this Act. (6) A form may provide for either or both of the following: (a) Incentives for prompt payment: (b) Arbitration in relation to the application of the contract, the interpretation of the contract, the liability to pay penalties, the amount of any penalty, or any 2 or more of those matters. (7) Subsection (6) of this section does not affect the generality of subsections (1) to (5) of this section.] http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43d-ss.3&softpage=DOC#JUMPDEST a1981-056/s.43d-ss.3 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43d-ss.4&softpage=DOC#JUMPDEST a1981-056/s.43d-ss.4 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43g&softpage=DOC#JUMPDEST a1981-056/s.43g http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43b&softpage=DOC#JUMPDEST a1981-056/s.43b http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43c&softpage=DOC#JUMPDEST a1981-056/s.43c http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43d-ss.6&softpage=DOC#JUMPDEST a1981-056/s.43d-ss.6 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43d-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43d-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43d-ss.5&softpage=DOC#JUMPDEST a1981-056/s.43d-ss.5 [43DA. Director-General may specify commencement and length of season— (1) Subject to subsections (2) to (4) of this section, the Director-General may from time to time, by notice in the Gazette, specify for the purposes of this Part of this Act the commencement and length of an inspection period. (2) The season shall be at least 9 months long. (3) The season shall begin no earlier than 3 months after the publication of the notice. (4) Before giving the notice, the Director-General shall consult the organisations for the time being recognised by the Director-General under section 43D(1) of this Act on its contents.] [43E. Director-General to consult managers— (1) [[Subject to section 43BA,]] the Director-General shall before every season consult the manager of every plant as to whether or not the general form of contract for plants of the kind or description concerned should be modified by the inclusion of all or any of the following: (a) A description of a level and pattern of operation for the plant for the season that is, in relation to the operation of the meat inspection service at the plant, efficient: http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43da-ss.2&softpage=DOC#JUMPDEST a1981-056/s.43da-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43da-ss.4&softpage=DOC#JUMPDEST a1981-056/s.43da-ss.4 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43d-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43d-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43ba&softpage=DOC#JUMPDEST a1981-056/s.43ba (b) Provision for the payment of a deposit or bond by the manager: (c) Provision for the payment of penalties in respect of late payments;— and, if so, the form in which they are to be included. (2) If the Director-General and the manager of a plant reach agreement on the form and content of modifications under subsection (1) of this section or that there are to be none, the general form of contract (as modified or without modification, as the case may be) shall have effect according to its tenor as a contract between them for the recovery from the manager of inspection costs for the season concerned. (3) If— (a) Four weeks have passed since the Director-General first consulted a manager; and (b) The Director-General and the manager have not reached agreement on the form and content of modifications or the question of whether or not there are to be modifications,— the Director-General may advise the manager of modifications comprising, at the Director General's discretion, any or all of the matters referred to in paragraphs (a) to (c) of subsection (1) of this section or the fact that there are to be no modifications, and the Director-General's reasons for deciding on the modifications or absence of modification; and in that case the general form of contract (as modified or without modification, as the case may be) shall have effect according to its tenor as a contract between them for the recovery from the manager of inspection costs for the season concerned. (4) In deciding on the form and content of an inspection contract, the Director-General shall have regard to— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43e-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43e-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43e-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43e-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43e-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43e-ss.1 (a) All matters raised by the manager concerned during consultation; and (b) Any general directions of the Minister; and (c) The Ministry's obligations under this Act; and (d) Sections 43B and 43C of this Act. (5) An inspection contract under subsection (2) of this section in relation to any plant for any season— (a) Shall take effect in place of any inspection contract under subsection (3) of this section in relation to the plant for the season; and (b) Shall take effect from the commencement of the season. (6) All payments made under an inspection contract under subsection (3) of this section that is later replaced by an inspection contract under subsection (2) of this section shall be deemed to have been made under the latter contract; and— (a) If the payments made exceed those required under the latter contract, the Director-General shall, at the option of the manager concerned, refund the excess or credit it against amounts to be recovered under the latter contract; and (b) If the payments required under the latter contract exceed those made, it shall be deemed to include a provision requiring the manager to pay the shortfall to the Director General upon demand by the Director-General. (7) Any penalties provided for in an inspection contract shall be payable and recoverable notwithstanding any rule of law to the contrary.] http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43b&softpage=DOC#JUMPDEST a1981-056/s.43b http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43c&softpage=DOC#JUMPDEST a1981-056/s.43c http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43e-ss.2&softpage=DOC#JUMPDEST a1981-056/s.43e-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43e-ss.3&softpage=DOC#JUMPDEST a1981-056/s.43e-ss.3 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43e-ss.3&softpage=DOC#JUMPDEST a1981-056/s.43e-ss.3 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43e-ss.2&softpage=DOC#JUMPDEST a1981-056/s.43e-ss.2 [43F. Inspection service may be withdrawn in certain circumstances— (1) Except to the extent that the inspection contract concerned provides otherwise, the Director-General may, after giving the notice (if any) provided for in the contract, withdraw or limit the meat inspection service at any plant if its manager is in breach of any obligation imposed by an inspection contract for the season or the previous season (being a contract that applies to the plant). (2) Where, pursuant to subsection (1) of this section, the meat inspection service at a plant has been withdrawn, the Director-General may refuse to reinstate it until the plant's manager has paid to the Ministry the Ministry's reasonable costs in withdrawing and reinstating the service. (3) Subsections (1) and (2) of this section shall have effect notwithstanding any other provision of this Act. (4) Nothing in subsections (1) and (2) of this section derogates from or affects any power of the Director-General to disestablish or withdraw the meat inspection service from any plant arising otherwise than under the subsections.] [43G. Minister may direct rebates— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43f-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43f-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43f-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43f-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43f-ss.2&softpage=DOC#JUMPDEST a1981-056/s.43f-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43f-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43f-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43f-ss.2&softpage=DOC#JUMPDEST a1981-056/s.43f-ss.2 (1) The Minister may from time to time direct the Director-General to allow to the managers of plants, in respect of the operation of their plants in any specified future season in conformity with an efficient pattern and level of operation, a reduction of a specified percentage of the amount otherwise recoverable. (2) The Minister shall publish in the Gazette a copy of every direction under subsection (1) of this section.] [43H. Rebates— Every inspection contract that contains a description of a level and pattern of operation for the plant to which it relates that is, in relation to the operation of the meat inspection service at the plant, efficient shall be deemed to include a provision requiring the Director-General to allow the manager concerned during any period when the plant is operating in conformity with the level and pattern of operation described a reduction of the amount otherwise recoverable in respect of the plant under the contract of the percentage (if any) directed by the Minister under section 43G(1) of this Act in respect of the season concerned.] PART 4 - MISCELLANEOUS PROVISIONS [Disposition of levies [44. Disposition of levies (Repealed)— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43g-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43g-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.43g-ss.1&softpage=DOC#JUMPDEST a1981-056/s.43g-ss.1 Recovery of costs of Ministry [44A. Ministry to recover certain costs (Repealed)— Appeals 45. Certain decisions of Minister may be considered by committee— (1) If the Minister— (a) Has directed the licensee of an export slaughterhouse or deer slaughtering premises to receive certain stock or farmed deer for slaughter under section 37 of this Act; or (b) Gives notice to a licensee under section 38 of this Act to provide for the collection in a common pool of certain hides, wool, or pelts; or (c) Determines a dispute referred to him under section 39 of this Act,— the licensee or applicant may, within 21 days after receiving notice of the decision of the Minister, give notice of appeal, in writing and setting out the grounds for appeal, to the Director General. http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.37&softpage=DOC#JUMPDEST a1981-056/s.37 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.38&softpage=DOC#JUMPDEST a1981-056/s.38 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.39&softpage=DOC#JUMPDEST a1981-056/s.39 [(1A) No appeal may be brought under this section more than 21 days after the date of commencement of the Animal Products Act 1999.] (2) Upon receipt of the notice, the Director-General shall take all steps necessary for the constitution of a committee to hear the appeal consisting of a District Court Judge (who shall be Chairman) and 2 assessors of whom one shall be nominated by the Minister and the other by the licensee; but no officer or employee of the Ministry shall be appointed as an assessor. (3) The parties to the appeal shall be entitled to be heard either personally or by their solicitors, counsel, or agents. (4) For the purpose of hearing the appeal, the committee shall be deemed to be a Commission under the Commissions of Inquiry Act 1908, and the provisions of that Act shall apply as if the hearing of the appeal were an inquiry under that Act. (5) The Chairman of any such Commission may exercise all the powers of the Commission in respect of summoning witnesses, and may do any other act preliminary or incidental to the hearing or consideration of any matter by the Commission. (6) After hearing the appeal, the committee may make to the Minister such recommendations in the matter as it thinks proper in the circumstances. (7) There shall be paid to assessors appointed under this section fees and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the assessors were members of a statutory Board within the meaning of that Act. Cf 1964 No 71 s 78; 1976 No 22 s 52(1) http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-093&softpage=DOC#JUMPDEST a1999-093 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1908-025&softpage=DOC#JUMPDEST a1908-025 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1951-079&softpage=DOC#JUMPDEST a1951-079 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1951-079&softpage=DOC#JUMPDEST a1951-079 Offences and penalties 46. Obstruction of officers— Every person commits an offence against this Act who obstructs or in any way interferes with or fails to comply with the lawful requirements of any Inspector, member of the Police, or other person in the performance of his duties or the exercise of his powers or functions under this Act or who furnishes under this Act any particulars which, to his knowledge, are false or misleading in any material respect. Cf 1964 No 71 s 79 47. Offences and penalties— (1) Every person commits an offence against this Act who— (a) Without reasonable excuse, acts in contravention of or fails to comply in any respect with any provision of this Act or any notice, direction, restriction, requirement, or condition given, made or imposed under this Act or any regulations made under it: (b) With intent to deceive, makes any false or misleading statement or any material omission in any communication or application or return for the purposes of this Act or of any regulations made under it: (c) With intent to deceive, misapplies or falsifies any brand or product description required or authorised to be used under this Act: (d) With intent to deceive, misapplies or falsifies any certificate attached [or relating] to any product, or tampers with any product which is subject to such a certificate. (2) Every person who commits an offence against this Act for which no other penalty is prescribed in this Act shall be liable on summary conviction— (a) In the case of an individual, to a fine not exceeding [$50,000] and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which the offence has continued: (b) In the case of a body corporate, to a fine not exceeding [$300,000] and, if the offence is a continuing one, to a further fine not exceeding [$5,000] for every day on which the offence has continued. (3) Where in any proceedings for an offence against this Act knowledge on the part of the defendant is an essential element of the offence with which he is charged, that knowledge shall be presumed until the contrary is proved. (4) Notwithstanding section 14 of the Summary Proceedings Act 1957, an information in respect of any offence against this Act may be laid at any time within 2 years after the time when the matter of the information arose. Cf 1964 No 71 s 80; 1976 No 22 s 54(1) 48. Proceedings against licensees— http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1957-087%2fs.14&softpage=DOC#JUMPDEST a1957-087/s.14 Where proceedings for an offence against this Act are taken against the licensee of any premises licensed under this Act, the following provisions shall apply: (a) The defendant shall be required to produce his licence at the commencement of the hearing: (b) If the defendant is convicted of an offence against this Act, the convicting Court shall cause a record of the conviction to be endorsed on the licence: (c) The Court, in addition to imposing any other penalty to which the licensee may be liable, may direct the Director-General to cancel or suspend the licence either immediately or as from a date to be specified in the order of the Court. Cf 1964 No 71 s 81; 1976 No 22 ss 54(3)(j), 55 Regulations 49. Regulations— (1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) Providing for the licensing of premises subject to this Act; and for the licensing of game exporters: (b) Prescribing the conditions to be complied with before the grant of any licence under this Act and the terms and conditions subject to which any such licence shall be held or may be surrendered or cancelled: (c) Providing for the registration of marks, stamps, brands, or labels used for the branding or marking of animals, products, byproducts, or any container thereof; and prescribing the design and means of production, use, and control of any such mark, stamp, brand, or label: (d) Providing for the inspection of plant, equipment, operations, and buildings of premises subject to this Act, of animals, products, or byproducts, and of conveyances used for the carriage of animals, products, or byproducts: (e) Prescribing the powers and functions of Inspectors; and providing for the certification of products intended for export and the conditions under which such certificates may be withdrawn: (f) Providing for the withdrawal, in whole or in part, of inspection services provided by the Ministry in any premises licensed under this Act in such circumstances as are specified in the regulations: [(g) Regulating or prohibiting the administration of drugs, organisms, or other substances, to living animals, or the exposure of living animals to drugs, organisms, or other substances:] [(ga) Regulating or prohibiting the sale, or presentation for slaughter or processing, of animals to which drugs, organisms, or other substances, have been administered, or animals that have been exposed to drugs, organisms, or other substances:] [(gb) Prescribing ways in which animals to which drugs, organisms, or other substances, have been administered, or animals that have been exposed to drugs, organisms, or other substances, are to be managed, or otherwise dealt with, while alive:] [(gc) Prescribing ways in which— (i) The carcasses of; or (ii) Products derived from,— animals to which drugs, organisms, or other substances, have been administered while alive, or animals that while alive have been exposed to drugs, organisms, or other substances, are to be dealt with:] (h) Regulating or prohibiting the acceptance at slaughterhouses of animals for slaughter which are diseased or defective: (i) Providing for the inspection of conveyances, ships, or aircraft carrying or intended to carry products, killed game, or fish; and regulating the conveyance from place to place of products, killed game, or fish: (j) Regulating or controlling the processing and packing of products or of byproducts in licensed premises: (k) Providing for the licensing of premises intended for the slaughter of animals to provide food for pets or to provide materials for the processing or packing of food specially prepared for pets or intended for the processing or packing of any such food; and prescribing the conditions under which any such animals may be slaughtered or any such food may be processed, packed, labelled, or branded: (l) Prescribing requirements for the chilling, freezing, and storage of any product; and providing for the approval of any material used in packing any product: (m) Regulating the [layout and fitout (including food contact surfaces),] lighting, ventilation, air temperature, cleansing, drainage, water supply, maintenance, and good management of premises subject to this Act, and the construction, cleansing, and maintenance of all fixtures, appliances, instruments, utensils, and things connected or used therewith or connected with the management thereof; and the hygiene requirements to be observed by or in relation to any person working therein so far as concerns the clothing, conduct, and health of such person; and the provision of suitable premises and facilities for use by Inspectors in the course of the performance of their functions under this Act: (n) Regulating or controlling the application of chemicals or drugs to products, and providing, in respect of products intended for export, power to specify and verify the nature and quality of ingredients used in the formulation of processed products, requiring information to be supplied as to the nature and quantity of such ingredients, and prescribing the information to be shown on labels of such products: (o) Prohibiting the use of any injurious or detrimental or deceptive processes in respect of any products: (p) Prescribing the mode of dealing with diseased or defective animals, products or byproducts; and regulating or controlling the sale, use, or disposition of diseased or defective products or byproducts: (q) Specifying, in relation to any operations carried out in any particular premises, the maximum rate at which, the manner in which, and the hours during which, such operations may be carried out, having regard to the maintenance of proper standards of hygiene in those premises or to the availability of Inspectors to perform their function of inspection at those premises: (r) Giving directions to licensees to ensure that, as far as shall be practicable, any product intended for export conforms to the requirements of the country to which it is to be exported, and prohibiting or restricting the export of any such product unless the directions are complied with: (s) Providing for the handling and treatment of live animals intended for slaughter for human consumption: (t) Repealed. (u) Providing for the standards of dressing animals slaughtered in licensed premises: (v) Regulating or controlling the processing of byproducts in byproducts premises and the conveyance of animals, offal, and carcasses to and the disposal of waste and effluent from such premises: (w) The matters in respect of which fees . . . shall be payable under this Act, the amount of the fees . . ., and the person liable for the payment thereof: (x) Prescribing the mode of dealing with products imported into New Zealand, and specifying the premises in which such products may be processed, packed, handled, or stored: (y) Requiring returns or information in respect of any premises subject to this Act and any animals, products, or byproducts, and prescribing the persons by whom any such returns or information shall be made or given: [(ya) Subject to subsection (5) of this section, prescribing, in respect of stock or farmed deer of a specified kind or description, the maximum permissible level at which any substance may be present:] [(yb) Subject to subsection (6) of this section, prescribing, in respect of stock or farmed deer of a specified kind or description, any organism that may not be present:] [(yc) Prescribing matters of the kind specified in section 25 of the Animal Products (Ancillary and Transitional Provisions) Act 1999:] (z) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. [(1A) Regulations made under this section may instead of or as well as prescribing the amount of any fees provide that— (a) Fees are to be calculated on the basis of one or more hourly rates payable in respect of employees of the Ministry; or http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.49-ss.5&softpage=DOC#JUMPDEST a1981-056/s.49-ss.5 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.49-ss.6&softpage=DOC#JUMPDEST a1981-056/s.49-ss.6 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1999-094%2fs.25&softpage=DOC#JUMPDEST a1999-094/s.25 (b) Fees are to be calculated by reference to the costs (including or excluding indirect costs) to the Ministry of undertaking the activities to which the fees relate; or (c) Both.] [(1B) Notwithstanding section 7(2) of the Building Act 1991, regulations made under subsection (1)(r) of this section may require persons undertaking building work to achieve performance criteria additional to or more restrictive than those specified in the building code in force under that Act.] (2) Any regulations made under this section may apply generally throughout New Zealand or may be made to apply only within such area or areas as may be specified. (3) Any regulations under this Act may be made to apply only to products intended for export or to products intended for consumption in New Zealand and the operation of any such regulations, so far as they are applicable to products intended for consumption in New Zealand, may, if so provided in the regulations, be suspended in whole or in part, in respect of any premises or any class of premises subject to this Act or any animals, products, or byproducts, by the Minister by notice in the Gazette for such period as may be specified. [(4)] Repealed. [(5) The Governor-General shall not make any regulations prescribing, in respect of stock or farmed deer of a specified kind or description, the maximum permissible level at which any substance may be present, except on the recommendation of the Minister; and the Minister shall not recommend the making of any such regulations unless satisfied that the presence in stock or farmed deer of that kind or description of levels of that substance above that level— (a) Would be potentially harmful to people eating products of the stock or farmed deer; or (b) Is necessary to enable the giving to authorities outside New Zealand of assurances (required by them in relation to the importation of products from New http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1991-150%2fs.7-ss.2&softpage=DOC#JUMPDEST a1991-150/s.7-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.49-ss.1&softpage=DOC#JUMPDEST a1981-056/s.49-ss.1 Zealand) as to the levels of substances in animal products from New Zealand.] [(6) The Governor-General shall not make any regulations prescribing, in respect of stock or farmed deer of a specified kind or description, any organism that may not be present, except on the recommendation of the Minister; and the Minister shall not recommend the making of any such regulations unless satisfied that the presence in stock or farmed deer of that kind or description of that organism— (a) Would be potentially harmful to people eating products of the stock or farmed deer; or (b) Is necessary to enable the giving to authorities outside New Zealand of assurances (required by them in relation to the importation of products from New Zealand) as to the levels of substances in animal products from New Zealand.] Cf 1964 No 71 ss 61, 61M, 77, 77A, 83 50. Exemptions from licensing and regulations— (1) Regulations may be made under section 49 of this Act providing for the exemption from licensing or any particular licensing requirements of such premises as may be specified in the regulations, and may also authorise the Minister, or other authority specified in the regulations, to impose such conditions as the Minister or authority thinks necessary on any such exempted premises. (2) Regulations may be made under section 49 of this Act authorising the Director General to exempt any particular premises or process or any class of premises or process from the requirements of any other regulations (not relating to licensing) under this Act if he is satisfied that, in the circumstances of the case, the requirement is not necessary . . .. http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.49&softpage=DOC#JUMPDEST a1981-056/s.49 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.49&softpage=DOC#JUMPDEST a1981-056/s.49 [(3) The Director-General may,— (a) In the case of any particular premises, by notice in writing to the occupier of the premises; and (b) In every other case by notice in the Gazette,— exempt any specified product or byproduct from any requirement of this Act relating to premises, or to the production, processing, storage, sale, or export of the product or byproduct, or to any of them, if the Director-General is satisfied that the product or byproduct can be produced only by a process that gives it such physical, chemical, and biological characteristics that it can have no significant effect in relation to public or animal health.] [(4) The Director-General may— (a) Exempt any particular premises or process or class of premises or process from the requirements of any regulations (not relating to licensing) made under this Act if satisfied that it is desirable for the purposes of experiment or research to substitute other requirements; and (b) Prescribe the other requirements concerned;— but in that case the exemption shall apply only for so long as the other requirements are being observed.] 51. Regulations may provide for directives— (1) Regulations under this Act may provide for the promulgation from time to time by the Director of circulars setting out general criteria for the drawing up, accomplishment, demonstration, carrying on, or provision for any act, plan, proposal, matter, system, process, or thing. (2) Where, pursuant to regulations made under this Act, any act, plan, proposal, matter, system, process, or thing must be— (a) Approved by the Director or an Inspector, it shall be deemed so to have been approved if it is in conformity with general criteria relating to it set out in a circular or circulars promulgated pursuant to subsection (1) of this section and for the time being in force: (b) Accomplished, demonstrated, carried on, or provided for to the satisfaction of the Director or an Inspector, it shall be deemed so to have been accomplished, demonstrated, carried on or provided for if it has been accomplished, demonstrated, carried on, or provided for in conformity with general criteria relating to it set out in a circular or circulars promulgated pursuant to the said subsection and for the time being in force: (c) Accomplished, demonstrated, carried on, or provided for to an extent that, in the opinion of the Director or an Inspector, meets or tends to meet some particular standard, or achieves or tends to achieve some particular result, it shall be deemed so to have been accomplished, demonstrated, carried on, or provided for if it has been accomplished, demonstrated, carried on, or provided for in conformity with general criteria relating to it set out in a circular or circulars promulgated pursuant to the said subsection and for the time being in force. (3) The powers of the Director or an Inspector to approve or be satisfied of, or to take any action (a prerequisite to the taking of which is that he have a particular opinion about), any act, plan, proposal, matter, system, process, or thing shall not be limited or affected by any matter contained in a circular promulgated pursuant to subsection (1) of this section. Cf 1952 No 55 s 32(4)-(6); 1976 No 47 s 5 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.51-ss.1&softpage=DOC#JUMPDEST a1981-056/s.51-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.51-ss.1&softpage=DOC#JUMPDEST a1981-056/s.51-ss.1 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1952-055%2fs.32-ss.4&softpage=DOC#JUMPDEST a1952-055/s.32-ss.4 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1952-055%2fs.32-ss.6&softpage=DOC#JUMPDEST a1952-055/s.32-ss.6 Miscellaneous provisions 52. Liability for nuisance not affected— Nothing in this Act or in any licence granted under this Act shall be construed to authorise any person to commit a nuisance or shall affect the liability of any person in respect of a nuisance or the rights or powers of any person to abate a nuisance. Cf 1964 No 71 s 82 53. Other Acts not affected— (1) Subject to subsection (2) of this section, nothing in this Act shall be construed to limit the provisions of the Food and Drug Act 1969 or the Health Act 1956. (2) Nothing in the Food and Drug Act 1969 shall apply with respect to any product if that product is packed exclusively for export and is not sold in New Zealand except in the course or for the purpose of export. Cf 1964 No 71 s 85; 1968 No 38 s 15 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.53-ss.2&softpage=DOC#JUMPDEST a1981-056/s.53-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1956-065&softpage=DOC#JUMPDEST a1956-065 54. Dissolution of Meat Industry Authority— (1) In this section, the term ``Authority'' means the Meat Industry Authority established pursuant to section 5A of the Meat Act 1964. (2) The Authority is hereby dissolved. (3) The seal of the Authority and its records shall be given to the Director-General for safe keeping. (4) Notwithstanding subsection (2) of this section, every application made to the Authority under the Meat Act 1964 before the commencement of this Act for a licence (being an application which, after the commencement of this Act, would require to be considered by the Director-General) that has been wholly or partly heard but has not been determined shall be determined by the Authority as if this Act had not been passed. (5) Any application to the Authority to which subsection (4) of this section does not apply shall be deemed to have been made to the Director-General under this Act and shall be dealt with accordingly. 55. Transitional provisions— (1) Every premises registered, approved, or licensed under the Meat Act 1964 or regulations made under it before the commencement of this Act (being premises which, after the commencement of this Act, would require to be licensed by the Director-General) shall, if the registration or licence is in force immediately before the commencement of this Act, be deemed to be licensed by the Director-General. http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.54-ss.2&softpage=DOC#JUMPDEST a1981-056/s.54-ss.2 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.54-ss.4&softpage=DOC#JUMPDEST a1981-056/s.54-ss.4 (2) Any undertaking to grant a licence given in respect of any premises under the Meat Act 1964 or regulations made under it and in force as at the commencement of this Act shall be deemed to have originally been given by the Director-General under this Act. (3) Every abattoir which, immediately before the commencement of this Act was approved pursuant to section 62(2) of the Meat Act 1964 to slaughter stock to provide meat intended for export, shall be an export slaughterhouse for the purposes of this Act and the licensee, upon application to the Director-General, shall be issued with an export slaughterhouse licence accordingly. (4) Every brand, seal, and mark used pursuant to the Meat Act 1964 may be used under this Act and shall be as valid as if approved pursuant to this Act. (5) As from the commencement of this Act, no person who is an itinerant slaughterman (that is, a person who for hire or reward slaughters animals elsewhere than in licensed premises) shall be required to hold a licence either under this Act or any Act repealed by this Act. 56. Repeals and revocations— (1) The enactments specified in the Schedule to this Act are hereby repealed. (2) The Meat Order 1969 is hereby revoked. (3) The Poultry Processing Houses Licensing Commencement Order 1978 is hereby revoked and deemed never to have been made. 57. Consequential amendments to Meat Export Control Act 1921-22 relating to meat export licences (Repealed)— SCHEDULES SCHEDULE ENACTMENTS REPEALED Section 56 1964, No 71-The Meat Act 1964 (RS Vol 3, p 495.) 1966, No 73-The Meat Amendment Act 1966 (RS Vol 3, p 586.) 1968, No 38-The Meat Amendment Act 1968 (RS Vol 3, p 586.) 1972, No 37-The Meat Amendment Act 1972 (RS Vol 3, p 587.) http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1981-056%2fs.56&softpage=DOC#JUMPDEST a1981-056/s.56 1973, No 72-The Meat Amendment Act 1973 (RS Vol 3, p 588.) 1974, No 103-The Meat Amendment Act 1974 (RS Vol 3, p 588.) 1975, No 10-The Meat Amendment Act 1975 (RS Vol 3, p 589.) 1975, No 119-The Meat Amendment Act (No 2) 1975. (RS Vol 3, p 591.) 1976, No 22-The Meat Amendment Act 1976. (RS Vol 3, p 591.) 1976, No 100-The Meat Amendment Act (No 2) 1976. (RS Vol 3, p 598.) 1977, No 65-The Public Finance Act 1977: Section 143. 1978, No 109-The Meat Amendment Act 1978. (RS Vol 3, p 599.) 1979, No 56-The Meat Amendment Act 1979. 1979, No 59-The Local Government Amendment Act 1979: So much of Schedule 3 as relates to the Meat Act 1964. 1980, No 75-The Meat Amendment Act 1980. This Act is administered in the Ministry of Agriculture. http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1977-065&softpage=DOC#JUMPDEST a1977-065 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1977-065%2fs.143&softpage=DOC#JUMPDEST a1977-065/s.143 http://www.legislation.govt.nz/libraries/contents/om isapi.dll?clientID=1867860967&hitsperheading=on&infobase=pal statutes.nfo&jump=a1979-059&softpage=DOC#JUMPDEST a1979-059