National Animal Identification and Tracing (Obligations and Exemptions) Regulations, 2012

2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 Rt Hon Dame Sian Elias, Administrator of the Government Order in Council At Wellington this 5th day of June 2012 Present: Her Excellency the Administrator of the Government in Council Pursuant to section 69 of theNational Animal Identification and Trac ing Act 2012, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations. Contents Page 1 Title 2 2 Commencement 2 3 Interpretation 2 4 Radius of circle referred to in section 5(2)(c) 3 5 Registration under sections 27 and 29 4 6 Absence of device required by section 30(1)(a) 5 7 Registration under section 30(1)(b) 6 8 Animal movement declaration under section 31 6 9 Animal exit declaration under section 32 8 10 Timing requirements authorised by section 33 9 1 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430563 r 1 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 2012/116 11 Information required for purposes of section 36(2)(a) 10 Exemptions under section 37 Sections 26 and 29 to 32 12 Heifers moved between 1 July and 30 September 2012 10 Sections 26 and 29 to 31 13 Transport operators and drovers 10 14 Organisers of school pet days 11 Sections 30 and 31 15 Calves dying at meat processing facilities 11 Section 30 16 Transition animals 11 17 Impracticable to fit device 12 18 Game estates, safari parks, or zoos 14 19 New borns not at game estates, safari parks, or zoos 15 20 Absence of device 15 Section 31 21 Point of origin PICAs also destination PICAs 15 22 Accredited entities 17 23 Saleyards used as transit stops 17 24 Chatham Islands 18 Section 32(2) 25 Live exports 18 Regulations 1 Title These regulations are the National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012. 2 Commencement These regulations come into force on 1 July 2012. 3 Interpretation (1) In these regulations,— calf means a calf that is less than 30 days old 2 2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 r 4 destination PICA means the PICA at the NAIT location to which NAIT animals are moved entity PICA means a PICA for an entity dealing with NAIT animals accredited under section 20 event location means a location registered under section 29(3)(b) event number means the number assigned under regulation 5(7) game estate has the meaning given to it by section 65B of the Animal Products Act 1999 information includes particulars location information— (a) means the road address of a NAIT location; and (b) includes any of the following that apply to the NAIT location: (i) FarmsOnLine property identification number: (ii) Animal Health Board herd number: (iii) Livestock Improvement Corporation Limited participant code: (iv) CRV Ambreed NZ participant code: (v) dairy supply number NAIT number means the number assigned under regulation 5(6) point of origin PICA means the PICA at the NAIT location from which NAIT animals are moved RFID means Radio Frequency Identification Device safari park has the meaning given to it by section 2(1) of the Wild Animal Control Act 1977 zoo has the same meaning as in the Animal Welfare (Zoos) Code of Welfare 2005. (2) In these regulations, the Actmeans the National Animal Iden tification and Tracing Act 2012 and section means a section of the Act, except when another Act is expressly mentioned. 4 Radius of circle referred to in section 5(2)(c) The radius of the circle referred to in section 5(2)(c) is 10 km. 3 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3732700 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430340 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430340 http://www.legislation.govt.nz/pdflink.aspx?id=DLM34855 http://www.legislation.govt.nz/pdflink.aspx?id=DLM16628 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430202 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430202 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430202 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3732682 r 5 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 2012/116 5 Registration under sections 27 and 29 (1) A PICA or PICA delegate registering under section 27(1) must provide the following information to the NAIT organisation: (a) full name; and (b) date of birth; and (c) physical address; and (d) postal address or addresses; and (e) email address or addresses, if any; and (f) telephone number or numbers, if any. (2) An information provider registering a PICA or PICA delegate under section 27(2) must provide the following information to the NAIT organisation about the PICA or PICA delegate: (a) full name; and (b) date of birth; and (c) physical address; and (d) postal address or addresses; and (e) email address or addresses, if any; and (f) telephone number or numbers, if any. (3) A PICA registering a NAIT location under section 29(1) must provide the following information to the NAIT organisation in the registration document: (a) type of NAIT location; and (b) location information. (4) Subclause (5) applies to— (a) an event organiser registering a NAIT location under section 29(3)(b): (b) a transit stop owner registering a NAIT location under section 29(4). (5) The person registeringmust provide the following information to the NAIT organisation in the registration document: (a) full name; and (b) email address or addresses, if any; and (c) telephone number or numbers, if any; and (d) type of NAIT location; and (e) location information. (6) When the NAIT organisation has received the information it requires under this regulation from a PICA or PICA delegate, it must assign a number to the PICA and provide the number to the PICA. 4 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430337 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430337 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430340 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430340 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430340 2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 r 6 (7) When the NAIT organisation has received the information it requires under subclause (5) from an event organiser register ing a NAIT location under section 29(3)(b), it must assign a number to the event location and provide the number to the event organiser. 6 Absence of device required by section 30(1)(a) (1) Subclauses (2) and (3) apply when a destination PICA receives a NAIT animal without a NAIT device fitted. (2) The destination PICA must notify the NAIT organisation. (3) A destination PICAwho is not the PICA for a meat processing facility must choose to— (a) comply with section 30(1) himself or herself; or (b) arrange with the point of origin PICA to have the animal returned to the point of origin PICA. (4) Subclause (5) applies when a live NAIT animal is fitted with a device that cannot be read by an RFID reader. (5) The PICA for the animal may— (a) seek authorisation from a NAIT officer or NAIT author ised person to remove the device; and (b) if authorisation is received, immediately replace the de vice that cannot be read by an RFID reader with a device that can be read by an RFID reader; and (c) register the animal under section 30(1)(b); and (d) in the registration document, provide information en abling the linking of the visual information on the de vice that cannot be read by an RFID reader to the RFID number of the replacement device. (6) A PICA may seek authorisation from a NAIT officer or NAIT authorised person to do the following whenever the need arises: (a) remove a device that cannot be read by an RFID reader fitted to a live NAIT animal; and (b) replace it with a device that can be read by an RFID reader. 5 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430340 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 r 7 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 2012/116 7 Registration under section 30(1)(b) (1) Subclause (2) sets out the information that a PICA registering a NAIT animal under section 30(1)(b) must provide to the NAIT organisation if the animal is not a transition animal. (2) The information is— (a) the PICA’s NAIT number; and (b) the animal’s type; and (c) the Birth ID number or RFID number of the NAIT de vice fitted to the animal; and (d) the animal’s month and year of birth; and (e) either,— (i) for an animal born in New Zealand, the location at which the animal was born; or (ii) for an animal born overseas, the country from which the animal was exported to New Zealand. (3) Subclause (4) sets out the information that a PICA registering a NAIT animal under section 30(1)(b) must provide to the NAIT organisation if the animal is a transition animal. (4) The information is— (a) the PICA’s NAIT number; and (b) the animal’s type; and (c) the Birth ID number or RFID number of the NAIT de vice fitted to the animal; and (d) the animal’s month and year of birth, if known; and (e) either,— (i) for an animal born in New Zealand, the location at which the animal was born; or (ii) for an animal born overseas, the country from which the animal was exported to New Zealand. 8 Animal movement declaration under section 31 (1) This regulation sets out the information that a declaration must contain to make it an animal movement declaration under sec tion 4 of the Act. Point of origin PICA (2) The point of origin PICA’s declaration must provide— (a) the point of origin PICA’s NAIT number; and (b) the destination PICA’s— 6 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3732602 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3732602 2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 r 8 (i) NAIT number, if the destination PICA is regis tered as a PICA; or (ii) name, and information about the place to which the animal is being moved, if the destination PICA is not registered as a PICA; and (c) the Birth ID number or RFID number of the NAIT de vice for each of the NAIT animals being moved; and (d) the start date of the animal movement. Destination PICA (3) If the destination PICA knows that the facts in the point of origin PICA’s declaration are correct, the destination PICA’s declaration must— (a) confirm that the facts are correct; and (b) provide the end date of the animal movement. (4) If the destination PICA does not know that the facts in the point of origin PICA’s declaration are correct, the destination PICA’s declaration must provide— (a) the destination PICA’s— (i) NAIT number, if the destination PICA is regis tered as a PICA; or (ii) name, and information about the place to which the animal has been moved, if the destination PICA is not registered as a PICA; and (b) the point of origin PICA’s— (i) NAIT number, if the point of origin PICA is registered as a PICA; or (ii) name, and information about the place from which the animal has been moved, if the point of origin PICA is not registered as a PICA; and (c) the Birth ID number or RFID number of the NAIT de vice for each of the NAIT animals moved; and (d) the end date of the animal movement. Calf moved from meat processing facility (5) The declaration by the PICA for a meat processing facility that moves a calf from the facility to another NAIT location must provide— (a) the PICA’s NAIT number; and (b) the destination PICA’s— 7 r 9 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 2012/116 (i) NAIT number, if the destination PICA is regis tered as a PICA; or (ii) name, and information about the place to which the calf is being moved, if the destination PICA is not registered as a PICA; and (c) the Birth ID number or RFID number of the calf’s NAIT device; and (d) the date on which the calf is moved from the facility; and (e) either— (i) the NAIT number of the PICA at the NAIT loca tion where the calf was born, if the PICA there is registered as a PICA; or (ii) the name of the PICA at the NAIT location where the calf was born, and location information, if the PICA there is not registered as a PICA; and (f) the date on which the calf was moved from the NAIT location where it was born to the facility; and (g) the date on which the calf arrived at the facility from the NAIT location where it was born. 9 Animal exit declaration under section 32 (1) Subclauses (2) to (4) describe the information that a PICA making an animal exit declaration under section 32(1) must provide. (2) If the animal dies by slaughter, the information is— (a) the PICA’s NAIT number; and (b) the relevant one of the following: (i) the animal was slaughtered at a meat processing facility for consumption by humans: (ii) the animal was slaughtered at a meat processing facility for consumption other than by humans: (iii) the animal was killed as homekill under section 67 or 69 of the Animal Products Act 1999: (iv) the animal’s carcass was sent to an animal ren dering facility: (v) the animal’s carcass was disposed of at the PICA’s NAIT location; and 8 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430351 http://www.legislation.govt.nz/pdflink.aspx?id=DLM34880 http://www.legislation.govt.nz/pdflink.aspx?id=DLM34880 http://www.legislation.govt.nz/pdflink.aspx?id=DLM34886 2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 r 10 (c) the Birth ID number or RFID number of the NAIT de vice fitted to the animal, unless the device is no longer fitted to the animal when it dies; and (d) the date of slaughter. (3) If the animal dies other than by slaughter, the information is— (a) the PICA’s NAIT number; and (b) the relevant one of the following: (i) the animal’s carcass was sent to an animal ren dering facility: (ii) the animal’s carcass was disposed of at the PICA’s NAIT location; and (c) the Birth ID number or RFID number of the NAIT de vice fitted to the animal, unless the device is no longer fitted to the animal when it dies; and (d) the date of death. (4) If the animal is lost, the information is— (a) the PICA’s NAIT number; and (b) the fact that the animal is lost; and (c) the Birth ID number or RFID number of the NAIT de vice fitted to the animal; and (d) the date on which it was first known that the animal was lost. 10 Timing requirements authorised by section 33 (1) A person registering under section 27(1) as a PICA or PICA delegate must do so within 48 hours after the end of the day on which the person becomes a PICA or PICA delegate. (2) A PICA registering a NAIT animal under section 30(1)(b) must do so before the animal is moved to another NAIT loca tion or, if the animal is not moved to another NAIT location, within 7 days after the end of the day on which a NAIT device is fitted to the animal. (3) A PICA making a declaration under section 31(1) must make it within 48 hours after the end of the day— (a) on which the movement starts, in the case dealt with in section 31(2)(a): (b) on which the movement ends, in the case dealt with in section 31(2)(b). 9 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430337 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430345 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430345 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430345 r 11 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 2012/116 (4) A PICAmaking a declaration under section 32 must make it— (a) within 48 hours after the end of the day on which the animal dies, in the cases dealt with in regulation 9(2) and (3): (b) within 48 hours after the end of the day on which it is first known that the animal is lost, in the case dealt with in regulation 9(4). (5) A PICA who has provided information to the NAIT organisa tion must comply with section 33(b) by informing the organ isation of any change to the information within 30 days after the change occurs. 11 Information required for purposes of section 36(2)(a) A person who administers an animal identification system ap proved under section 15(1)(b)(i) must provide the NAIT or ganisation with information that provides a direct link between the approved identification device fitted to an animal and the animal’s NAIT device. Exemptions under section 37 Sections 26 and 29 to 32 12 Heifers moved between 1 July and 30 September 2012 (1) Subclause (2) applies to a transition animal that, between 1 July and 30 September 2012,— (a) is a heifer aged 12, 13, 14, 15, 16, or 17 months; and (b) is moved to a Ministry-supervised pre-export isolation facility; and (c) is moved from the facility to a port for export from New Zealand. (2) The PICA for the animal is exempt from the obligations in sections 26 and 29 to 32. Sections 26 and 29 to 31 13 Transport operators and drovers A transport operator or drover is exempt from the obligations in sections 26 and 29 to 31 when involved in an animal move ment. 10 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430351 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430355 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3732695 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430335 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430340 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430335 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430340 2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 r 16 14 Organisers of school pet days The organiser of a school pet day at which NAIT animals are present is exempt from the obligations in sections 26 and 29 to 31. Sections 30 and 31 15 Calves dying at meat processing facilities The PICA for a calf is exempt from the obligations in sections 30 and 31 if the calf— (a) is moved from the NAIT location where it is born to a meat processing facility; and (b) stays at the facility until it dies. Section 30 16 Transition animals (1) The PICA for a cattle transition animal is exempt from the obligations in section 30(1) while the animal is at the PICA’s NAIT location for the period starting on 1 July 2012 and end ing with the close of 30 June 2015. (2) The PICA for a deer transition animal is exempt from the obli gations in section 30(1) while the animal is at the PICA’s NAIT location for the period starting on 1 March 2013 and ending with the close of 29 February 2016. (3) It is a condition of the exemption that the PICA for the animal provide the NAIT organisation within 30 days after the end of each year in which the exemption applies with a list of the types and numbers of NAIT animals to which the exemption applies that are at the PICA’s NAIT location. (4) It is also a condition of the exemption that, during the period of the exemption,— (a) the PICA determine whether the animal is fitted with a former device, which means a device that— (i) was fitted before the period of the exemption started; and (ii) enables section 71 to apply to the animal to which it is fitted; and 11 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430335 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430340 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430340 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430345 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 r 17 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 2012/116 (b) whether or not the animal is fitted with a former device, the PICA decide whether it is practicable to fit a NAIT device to the animal; and (c) if it is not practicable to fit a NAIT device to the ani mal,— (i) an owner of the animal pay any levy set under the Act on the owner of a NAIT animal that is not fitted with a NAIT device: (ii) the PICA for an animal fitted with a former de vice move it to a meat processing facility or to a zoo: (iii) the PICA for an animal not fitted with a former device move it to a meat processing facility or to a zoo in accordance with regulation 17(4) and (5): (iv) the destination PICA for an animal moved under subparagraph (iii) comply with regulation 17(6) or (7) and (8). (5) A PICA moving an animal in compliance with subclause (4)(c)(ii) or (iii) is exempt from the obligations in section 30. (6) A PICA receiving an animal in compliance with subclause (4)(c)(iv) is exempt from the obligations in section 30(1). 17 Impracticable to fit device NAIT animals and times to which regulation applies (1) This regulation applies to NAIT animals as follows: (a) subclauses (2) to (9) apply on and from 1 March 2013 to fallow deer of any age or gender; and (b) subclauses (2) to (8) apply on and from 1 March 2013 to trophy stags; and (c) subclauses (2) to (8) apply on and from 1 July 2015 to cattle; and (d) subclauses (2) to (8) apply on and from 1 March 2016 to all deer. Exemption (2) A PICA is exempt from the obligations in section 30 if the PICA decides that it is impracticable to fit a NAIT device to the animal. 12 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 r 17 Animal movements to which regulation applies (3) This regulation applies to the following animal movements: (a) movement of any NAIT animal to a place that is a meat processing facility, game estate, safari park, or zoo; and (b) movement of a young fallow deer stag to a place that is a meat processing facility, game estate, safari park, zoo, or other NAIT location. Condition on point of origin PICA (4) It is a condition of the exemption that, when the animal is to be moved, the point of origin PICA— (a) provide the information described in subclause (5) in a form supplied by the NAIT organisation; and (b) provide the form to— (i) the NAIT organisation; and (ii) the destination PICA at the place to which the animal is to be moved; and (c) ensure that the completed form is received by the NAIT organisation and the destination PICA at least 48 hours before the movement starts. (5) The information is— (a) the point of origin PICA’s NAIT number; and (b) the destination PICA’s— (i) NAIT number, if the destination PICA is regis tered as a PICA; or (ii) name, and information about the place to which the animal is being moved, if the destination PICA is not registered as a PICA; and (c) the animal’s approximate age, breed, gender, and mark ings; and (d) the start date of the animal movement. Condition on destination PICA who knows facts correct (6) It is also a condition of the exemption that, when the animal has been moved and the destination PICA knows that the facts in the point of origin PICA’s information are correct, the des tination PICA— (a) confirm to the NAIT organisation that the facts are cor rect; and (b) provide to the NAIT organisation the end date of the animal movement; and 13 r 18 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 2012/116 (c) do the confirming and providing within 48 hours after the end of the day on which the movement ends. Condition on destination PICA who does not know facts correct (7) It is also a condition of the exemption that, when the animal has been moved and the destination PICA does not know that the facts in the point of origin PICA’s information are correct, the destination PICA— (a) provide the information described in subclause (8); and (b) provide it to the NAIT organisation; and (c) provide it within 48 hours after the end of the day on which the movement ends. (8) The information is— (a) the destination PICA’s— (i) NAIT number, if the destination PICA is regis tered as a PICA; or (ii) name, and information about the place to which the animal has been moved, if the destination PICA is not registered as a PICA; and (b) the point of origin PICA’s— (i) NAIT number, if the point of origin PICA is registered as a PICA; or (ii) name, and information about the place from which the animal has been moved, if the point of origin PICA is not registered as a PICA; and (c) the animal’s approximate age, breed, gender, and mark ings; and (d) the end date of the animal movement. Condition about fallow deer (9) For fallow deer, it is also a condition of the exemption that the PICA provide the NAIT organisation at the end of each year in which the exemption applies with the number of fallow deer to which the exemption applies that are at the PICA’s NAIT location. 18 Game estates, safari parks, or zoos (1) If a NAIT animal is born at a game estate, safari park, or zoo, the PICA for the animal is exempt from the obligations in sec 14 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 r 21 tion 30(1) while the animal is at the game estate, safari park, or zoo. (2) It is a condition of the exemption that the PICA provide the NAIT organisation at the end of each year in which the ex emption applies with a list of the types and numbers of NAIT animals to which the exemption applies that are at the game estate, safari park, or zoo. (3) The point of origin PICA for a NAIT animal to which a NAIT device has been fitted and that the PICA intends to move to a game estate, safari park, or zoo is exempt from the obligations in section 30 if authorised by a NAIT officer or NAIT author ised person to remove the device. (4) The destination PICA for a NAIT animal to which a NAIT device has been fitted and that arrives at a game estate, safari park, or zoo is exempt from the obligations in section 30(1) if authorised by a NAIT officer or NAIT authorised person to remove the device. 19 New borns not at game estates, safari parks, or zoos (1) This regulation applies to a NAIT animal born at a NAIT lo cation that is not a game estate, safari park, or zoo. (2) The PICA for the animal is exempt from the obligations in section 30(1)(a) for the period starting with the day of the ani mal’s birth and ending on the 180th day after it. 20 Absence of device (1) A destination PICA who chooses to act under regulation 6(3)(a) is exempt from the obligations in section 30(1)(a) for 48 hours after the end of the day on which the animal was received. (2) A destination PICA who chooses to act under regulation 6(3)(b) is exempt from the obligations in section 30(2). Section 31 21 Point of origin PICAs also destination PICAs (1) Subclauses (2) and (3) apply to a point of origin PICA moving a NAIT animal from 1 NAIT location to another NAIT loca tion, if the PICA is the PICA for both locations. 15 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430343 r 21 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 2012/116 (2) The PICA is exempt from the obligations in section 31(2) to make the following declarations: (a) a declaration as the point of origin PICA moving the animal to the other location; and (b) a declaration as the destination PICA receiving the ani mal at the other location. (3) It is a condition of the exemption that the PICA— (a) make 1 declaration; and (b) provide in it the following information: (i) the PICA’s NAIT number at the point of origin location; and (ii) the PICA’s NAIT number at the destination loca tion; and (iii) the Birth ID number or RFID number of the NAIT device for each of the NAIT animals be ing moved; and (iv) the start date of the animal movement; and (v) the end date of the animal movement; and (c) provide it to the NAIT organisation within 48 hours after the end of the day on which the animal movement ends. (4) Subclauses (5) to (7) apply to a PICA moving a NAIT animal from a NAIT location to an event location and back to the original location, if the PICA is the PICA for the 3 locations. (5) The PICA is exempt from the obligations in section 31(2) to make the following declarations: (a) a declaration as the point of origin PICA moving the animal to the event location; and (b) a declaration as the destination PICA receiving the ani mal at the event location; and (c) a declaration as the point of origin PICA moving the animal back to the original location; and (d) a declaration as the destination PICA receiving the ani mal back at the original location. (6) It is a condition of the exemption that the PICA— (a) make a declaration as the point of origin PICA moving the animal to the event location; and (b) provide in it the following information: 16 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430345 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430345 2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 r 23 (i) the PICA’s NAIT number at the point of origin location; and (ii) the event number; and (iii) the Birth ID number or RFID number of the NAIT device for each of the NAIT animals be ing moved; and (iv) the start date of the animal movement; and (c) provide it to the NAIT organisation in the period— (i) starting 48 hours before the day on which the animal movement starts; and (ii) ending 48 hours after the end of the day on which the animal movement starts. (7) It is also a condition of the exemption that the PICA— (a) make a declaration as the destination PICA receiving the animal back at the original location; and (b) provide in it the following information: (i) the event number; and (ii) the PICA’s NAIT number back at the original location; and (iii) the Birth ID number or RFID number of the NAIT device for each of the NAIT animals be ing moved; and (iv) the end date of the animal movement; and (c) provide it to the NAIT organisation within 48 hours after the end of the day on which the animal movement ends. 22 Accredited entities A point of origin PICA who is not an entity PICA is exempt from the obligations in section 31 when moving a NAIT ani mal to an entity PICA. 23 Saleyards used as transit stops (1) An entity PICA operating at a saleyard is exempt from the obligations in section 31 for a NAIT animal moved to and from the saleyard as a transit stop. (2) The PICA for a saleyard is exempt from the obligations in section 31 when the saleyard is used as a transit stop. 17 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430345 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430345 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430345 r 24 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 2012/116 24 Chatham Islands The point of origin PICA and the destination PICA for a NAIT animal moved between 2 NAIT locations on the Chatham Is lands are exempt from the obligations in section 31. Section 32(2) 25 Live exports (1) A PICA intending to export a live NAIT animal from New Zealand is exempt from the obligation in section 32(2). (2) It is a condition of the exemption that the PICA make a dec laration— (a) at the port of export from New Zealand; and (b) to the NAIT organisation; and (c) before the animal leaves New Zealand; and (d) containing the following information: (i) the PICA’s NAIT number; and (ii) the fact that the animal is being exported live; and (iii) the Birth ID number or RFID number of the NAIT device fitted to the animal; and (iv) the country to which the animal is being ex ported; and (v) the date on which the animal is exported. Rebecca Kitteridge, Clerk of the Executive Council. Explanatory note This note is not part of the regulations, but is intended to indicate their general effect. These regulations provide the detail of the obligations and exemp tions that are necessary to enable the National Animal and Identifi cation and Tracing (NAIT) system to work. The cumulative information that the regulations require of successive persons in charge of a NAIT animal to provide to the NAIT organ 18 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430345 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3430351 2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 Explanatory note isation will enable life-time traceability for the animal within New Zealand. Reasons for exemptions covered by regulations 12 to 25 Exemption provided for in regulation 12–Heifers moved between 1 July and 30 September 2012 The reason for the exemption is to enable consignments of dairy heifers that are transition animals to be exported live without being required to be fitted with a NAIT device for a limited period. Exemption provided for in regulation 13–Transport operators and drovers The reason for the exemption is that the point of origin PICA and the destination PICA are responsible for declaring the movement and it is unnecessary to involve an unregistered PICA for a transporter or drover. Exemption provided for in regulation 14–Organisers of school pet days The reason for the exemption is that an animal movement to and from a school pet day is a temporary movement. Exemption provided for in regulation 15–Calves dying at meat processing facilities The reason for the exemption is that it is unnecessary to fit a NAIT device to a calf that will die at the meat processing facility. Exemption provided for in regulation 16–Transition animals The reason for the exemption is that, during the 3-year period of the exemption, it is necessary to fit a NAIT device to a transition animal only if the animal is to be moved to another NAIT location. In that case, the PICA must decide if it is practicable to fit a NAIT device to the animal and, if it is not, such as when there is a risk of injury to the PICA, the animal may be moved only to a meat processing facility or a zoo. 19 Explanatory note National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 2012/116 Exemption provided for in regulation 17–Impracticable to fit device The reason for the exemption is to accommodate the case where the PICA for an animal decides it is impracticable to fit a NAIT device to the animal and where the animal fits one of the following categories: cattle from 1 July 2015, all deer from 1 March 2016, fallow deer of any age or gender from 1March 2013, and trophy stags from 1March 2013. Exemption provided for in regulation 18–Game estates, safari parks, or zoos The reason for the exemption is that animals that are born, and stay, at game estates, safari parks, or zoos do not need NAIT devices. Exemption provided for in regulation 19–New borns not at game estates, safari parks, or zoos The reason for the exemption is to accommodate the animal hus bandry needs of PICAs managing new born animals up to 180 days old. Exemption provided for in regulation 20–Absence of device The reason for the exemption is to accommodate PICAs regarding animals they receive without NAIT devices already fitted. Exemption provided for in regulation 21–Point of origin PICAs also destination PICAs The reason for the exemption is that it is unnecessary for a PICAwho is both a point of origin PICA and a destination PICA for an animal movement from 1 NAIT location to another NAIT location to make 2 separate animal movement declarations. Exemption provided for in regulation 22–Accredited entities The reason for the exemption is that the destination PICA for the accredited entity will be required to provide a single movement dec laration for an animal movement from the point of origin PICA to himself or herself as destination PICA under the terms of the entity’s accreditation. 20 2012/116 National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 Explanatory note Exemption provided for in regulation 23–Saleyards used as transit stops The reason for the exemption is that the point of origin PICA and the destination PICA are responsible for declaring an animal. If, during the movement, a saleyard is used as a transit stop, it is unnecessary to involve an entity PICA operating at the saleyard or the registered PICA for the saleyard. Exemption provided for in regulation 24–Chatham Islands The reason for the exemption is to accommodate the animal hus bandry needs of PICAs managing animals located at great distance from mainland New Zealand. Exemption provided for in regulation 25–Live exports The reason for the exemption is to provide for an animal exit declar ation to be made at the port of export from New Zealand. The regulations come into force on 1 July 2012. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 7 June 2012. These regulations are administered by the Ministry for Primary Industries. 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2012 21 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195097