4Interpretation

1. In this Act, unless the context otherwise requires,—

   animal means any member of the animal kingdom, and includes—but does not include a human being

   1. any mammal, bird, finfish, shellfish, reptile, amphibian, insect, or invertebrate:
   2. any other creature or entity that is declared by the Minister (see subsection (4)) to be an animal for the purposes of this Act;—

   animal material means any live or dead animal, or any tissue or other material taken or derived from an animal

   animal product, or product, means any animal material that has been processed (other than simply transported or stored in such a way as not to involve any alteration to its nature) for the purpose, or ultimate purpose, of consumption or other use by humans or animals

   animal product business means a business undertaking that, for reward or for the purposes of trade,—

   1. produces or processes animal material or product; or
   2. exports animal material or product

   animal product officer, or officer, means a person appointed as an animal product officer under section 78, and includes the Director-General

   animal product standard means a standard prescribed by regulations made under section 44 or issued by order under section 46

   automated electronic system means a system that is the subject of an arrangement under section 165B

   client hunter means a person who pays the operator of a game estate for the right to hunt or catch animals on the estate as if they were in the wild

   contaminant means any substance or thing which—and contaminated has a corresponding meaning

   1. is undesirable, potentially harmful, or unexpected in a particular product or process; and
   2. is or may be present in, or in contact with, animal material or animal product;—

   dairy material—

   1. means animal material that is—
      1. milk extracted from a milking animal; and
      2. any material derived or processed from milk extracted from a milking animal, up until delivery of the material at the place of sale for consumption or for end use for purposes other than consumption, or its export; and
   2. includes dairy product that, having been purchased or imported, is further processed

   dairy processing means all processing activities in relation to dairy material; and includes—

   1. the extraction of milk from milking animals for the purposes of export or sale:
   2. transport of dairy material from a farm dairy to a place where processing or manufacturing involving the dairy material occurs:
   3. processing of dairy material, including heat treatment, cooling, separation, concentration, filtering, blending, and extraction of milk components:
   4. the addition of other material (including food, ingredients, additives, or processing aids as defined in the Food Standards Code) or other dairy material to dairy material:
   5. the manufacture of products, including milk, butter, cream, milk-fat products, cheese, processed cheese, whey cheese, dried milks, milk-based infant formula, evaporated milks, condensed milks, whey, whey powder, whey products, casein, milk protein products, ice cream, low dairy fat ice cream-like products, yoghurt, other fermented milks, dairy desserts, lactose, and colostrum products:
   6. the packaging of dairy material:
   7. the storage, transportation, and handling of dairy material prior to—
      1. delivery of the material at the place of sale for consumption or for end use for purposes other than consumption; or
      2. its export:
   8. further processing of dairy material that was previously dairy product with or without the addition of other material (including food, ingredients, additives, or processing aids as defined in the Food Standards Code), including reprocessing, repacking, reconstitution with water, and recombination of dairy products with or without water to make any dairy products

   dairy processor means a person who, for reward (otherwise than as an employee) or for purposes of trade, carries out dairy processing; and—

   1. includes—
      1. a farm dairy operator:
      2. a transporter of dairy material from a farm dairy to a place of processing or manufacture:
      3. a transporter of dairy material from one place of processing or manufacture to another:
      4. an operator of any premises where dairy material is processed or manufactured or stored:
      5. a transporter of dairy material to the place of export or sale for consumption or end use for purposes other than consumption:
   2. does not include—
      1. persons (such as airline or shipping staff or stevedores) handling dairy material at the port of export:
      2. wholesalers or other persons (other than retailers) handling dairy material at the place of sale for consumption or use:
      3. retailers doing any or all of the following at the place of sale for consumption or use:
         1. handling dairy material:
         2. dividing or combining dairy material into smaller or larger quantities:
         3. repackaging dairy material

   dairy product—

   1. means animal product that, having originally been dairy material,—
      1. has been delivered to the place of sale for consumption, or for end use for purposes other than consumption; or
      2. has left New Zealand's territorial waters in the course of its export; and
   2. includes dairy produce within the meaning of the Dairy Industry Act 1952 (as in force before its repeal by section 75 of the Animal Products (Ancillary and Transitional Provisions) Act 1999)

   Director-General means the chief executive of the Ministry

   dual operator butcher, or dual operator, means a retail butcher who—

   1. is listed under section 76 as a homekill or recreational catch service provider; and
   2. processes homekill or recreational catch at the same premises or place as the retail butcher processes or trades in regulated animal product

   eaten, or edible, includes eaten or edible by animals

   export requirements means requirements specified by the Director-General by notice under section 167(1) for the purposes of section 60

   exporter means a person who exports any animal material or product from New Zealand, whether or not for reward or for purposes of trade; and, where an exporter registered under Part 5 is based overseas, includes the New Zealand agent or representative of that exporter

   farm dairy means a place where milking animals are milked on a permanent or temporary basis; and

   1. subject to paragraph (b), includes—
      1. any stockyard, milking yard, feedyard, silo pad, or other construction associated with or involved in the activity of extracting milk from milking animals; and
      2. any place where milk from the milking animals is first collected, filtered, deposited, cooled, stored, or treated for transport or for further processing; but
   2. does not include any place where any further processing takes place, or transport to that place

   farm dairy operator means the person in charge of operations at a farm dairy, including the extraction of milk from milking animals

   financial year means a period of 12 months beginning on 1 July and ending on 30 June

   finfish has the same meaning as in the Fisheries Act 1996

   fish means finfish and shellfish

   fit for intended purpose, used in relation to any animal product, is described in section 5

   Food Act regime means the regime under the Food Act 2014

   food control plan has the meaning given to it in the Food Act 2014

   Food Standards Code has the same meaning as adopted joint food standard under the Food Act 2014

   game estate has the meaning given it by section 65B

   hazard means a biological, chemical, or physical agent that—

   1. is in or has the potential to be in animal material or product, or is or has the potential to be a condition of animal material or product; and
   2. leads or could lead to an adverse health effect on humans or animals

   homekill means an animal that—and homekill product has a corresponding meaning

   1. is killed (whether personally or by an agent) by its owner for the use or consumption of the owner, in terms of section 67; and
   2. is processed either by its owner or by another person under section 69, and not in compliance with Parts 2 to 4;—

   homekill or recreational catch service provider means a person listed as such under section 76

   human or animal consumption, used in relation to any animal product, means that the product is intended to be eaten, or taken orally, or administered parenterally, or applied topically

   in writing means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax or email or other electronic means

   infringement fee, in relation to an infringement offence, means the amount set out in regulations made under section 125E to be payable for the offence

   infringement offence means an offence identified in regulations made under section 125E as an infringement offence

   listed, in relation to a homekill or recreational catch service provider, means currently listed under section 76

   marae includes the area of land on which all buildings such as wharenui (meeting house), wharekai (dining room), ablution blocks, and any other associated buildings are situated

   milk means the mammary secretion of milking animals

   Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   Ministry means the Ministry of Agriculture and Forestry or such other Ministry as has, with the authority of the Prime Minister, for the time being assumed responsibility for the administration of this Act

   national programme has the meaning given to it in the Food Act 2014

   notice of recognition means, as applicable,—

   1. a notice of recognition given to a recognised agency or a recognised person in accordance with section 112(1)(b); or
   2. a notification given to a recognised class in accordance with section 112(1)(c)(i)

   official assessor means a person appointed as an official assessor under section 79

   official assurance has the meaning given by section 61(2)

   operator, in relation to an animal product business, means the owner or other person in control of the business

   parenterally means administering a substance to a human or animal by a route other than orally or topically

   permissible functions and activities means specialist functions and activities that may be carried out by a recognised agency, recognised person, or recognised class of persons for the purposes of this Act, and includes—

   1. verification functions and activities:
   3. the provision of independent evaluations of the validity of risk management programmes for the purposes of section 20(2)(b)

   place includes any building, conveyance, craft, fishing vessel, or structure; and includes any land, water, or other area where animals or animal material are produced or may be present

   primary processor means a person who, for reward (otherwise than as an employee) or for purposes of trade,—but does not include hunters within the meaning of paragraph (b) of the definition of primary producer

   1. slaughters and dresses mammals or birds; or
   2. dresses mammals or birds that are killed wild animals or are killed as if they were wild animals; or
   3. removes or extracts or harvests any animal material from live animals for the purpose of processing for human or animal consumption; or
   4. is a dairy processor; or
   5. in the case of—processes those animals or that animal material to the extent specified by the Minister by notice (see subsection (4)) after consultation in accordance with section 163 and after having regard to the following matters:
      1. finfish or shellfish, or animal material derived from finfish or shellfish; or
      2. a mammal or bird, or animal material derived from a mammal or bird, if in the opinion of the Minister it is appropriate that the primary processing of that mammal or bird or animal material should extend beyond the matters referred to in paragraphs (a) and (b); or
      3. any other animal, or animal material derived from any other animal,—
      4. industry practice in relation to the animal material concerned:
      5. the degree of processing and number of processing operations required in relation to the animal material:
      6. the risk factors involved in processing the animal material:
      7. whether or not the processing of the animal material is or may be appropriately addressed by any legislative regime other than this Act:
      8. such other matters as the Minister considers relevant in the particular circumstances;—

   primary producer, or producer, means a farmer, and includes—

   1. any person who (otherwise than as an employee) farms, raises, grows, or keeps animals for reward or for the purposes of trade in those animals or in animal material or products derived or taken from those animals; and
   2. any person who hunts animals for reward or for purposes of trade

   process includes kill, slaughter, dress, cut, extract, manufacture, pack, preserve, transport, and store

   processor means a primary processor or a secondary processor

   produce—

   1. used in the context of primary production, means farm, raise, grow, or keep animals for reward or for the purposes of trade in those animals or in animal material or products derived or taken from those animals:
   2. where used in reference to animal product produced under a risk management programme or a regulated control scheme, refers to animal product that results from the application of any process or processes covered by the programme or scheme

   public register means the public register of recognised agencies, recognised persons, and recognised classes maintained by the Director-General in accordance with section 112S

   recognised agency means—

   1. a person who is recognised by the Director-General under section 101 or 102; and
   2. a group of persons who are recognised by the Director-General under section 102

   recognised class means a class of natural persons that is recognised by the Director-General under section 105

   recognised person means a natural person who—

   1. is recognised by the Director-General under section 103 or 104; or
   2. is a member of a recognised class, but only—
      1. to the extent that the person carries out the specified functions and activities for which the class is recognised; and
      2. while the person continues to hold the qualifications or meet the other membership criteria according to which the class is defined in the public register in accordance with section 112(1)(a)

   recreational catch means a wild animal that—and recreational catch product has a corresponding meaning

   1. is killed, captured, taken, or harvested by a recreational hunter or fisher, or other person undertaking similar recreational activities (including a client hunter killing or catching an animal on a game estate, as if in the wild), for the use or consumption of the hunter, fisher, or other person in terms of section 68; and
   2. is processed either by its catcher or by another person under section 69, and not in compliance with Parts 2 to 4;—

   registered exporter means an exporter currently registered under Part 5

   registered risk management programme means a risk management programme that is currently registered under Part 2

   regulated animal product means animal material or product for trade or export that is processed, or has been or is required to be processed, in accordance with Parts 2 to 4 (or with the Food Act 2014); and does not include any homekill or recreational catch product, or any product processed by a homekill or recreational catch service provider that ceases to be regulated animal product in terms of section 72

   regulated control scheme means a scheme of a kind described in section 38, and includes an emergency control scheme instituted under section 41

   regulated person has the meaning given in section 77A

   regulations means regulations made under this Act

   rendering means the breaking down of animal tissues into constituent fat and protein elements, whether by the application of heat and pressure or otherwise

   retail butcher includes any type of butchery engaged in retail trade in regulated animal products

   risk-based measure has the meaning given to it in the Food Act 2014

   risk factors means—

   1. risks from hazards to animal or human health:
   2. risks from false or misleading labelling:
   3. risks to the wholesomeness of animal material or product

   risk management programme has the meaning given by section 12, and, except in Part 2, is to be taken to refer to a registered risk management programme

   secondary processor means a person who, for reward (otherwise than as an employee) or for purposes of trade, processes animal product at any stage beyond its primary processing

   sell has the same meaning as trade; and sale has a corresponding meaning

   shellfish has the same meaning as in the Fisheries Act 1996

   specified functions and activities means the permissible functions and activities that are specified by the Director-General in a notice of recognition in accordance with section 112(2)(a) as functions and activities that—

   1. a recognised agency is responsible for managing and carrying out; or
   2. a recognised person may carry out; or
   3. persons who are members of a recognised class may carry out

   supplementary notice means a notice issued under section 167(2)

   topically means applying a substance externally to a part of the body of a human or animal

   trade means sell for human or animal consumption or use; and includes—

   1. selling for resale (including as a constituent part of another article) for human or animal consumption or use; and
   2. offering or attempting to sell, or receiving for sale, or having in possession or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and
   3. barter; and
   4. supplying an article under a contract, together with other goods or services or both, in consideration of an inclusive charge for the article and the other goods or services; and
   5. supplying an article where there is a statutory responsibility to supply; and
   6. offering as a public prize or reward, or giving away for the purpose of advertisement or in the furtherance of any trade or business; and
   7. every other method of disposition for valuable consideration

   verification includes the application of methods, procedures, tests, and other checks to confirm,—

   1. in relation to a risk management programme or regulated control scheme,—
      1. whether operations that are subject to the programme or scheme are being carried out in compliance with it; and
      2. the applicability of the programme or scheme to the operations of the relevant animal product business; and
      3. the effectiveness of the programme or scheme:
   2. in relation to animal material or animal products for whose export an official assurance is required, whether the animal material or animal products have been produced or processed in a way that meets the requirements for the official assurance:
   3. whether a regulated person has complied with a requirement imposed by or under this Act

   verifier means a recognised person whose specified functions and activities include carrying out verification functions and activities

   verifying agency means a recognised agency whose specified functions and activities include managing and carrying out verification functions and activities

   wholesomeness, in relation to any regulated animal product, means that the product does not contain or have attached to it, enclosed with it, or in contact with it anything that is offensive, or whose presence would be unexpected or unusual in product of that description

   wild animal means an animal that—

   1. is of a kind that occurs in the wild or in the sea; and
   2. is not, immediately before its taking or capture, owned by any person.

2. For the purposes of this Act,—

3. references to the requirements of Parts 2 to 4 include references to the requirements of any regulations, standards, Ministerial orders, notices, or directions made or given for the purposes of those Parts; and similarly, references to the requirements of any other Part or provision include references to the requirements of any regulations, standards, notices, or directions made for the purposes of that Part or provision:
4. references to any regulations under, or made under, a particular Part include references to regulations made under any other section of this Act or section 25 of the Animal Products (Ancillary and Transitional Provisions) Act 1999, for the purposes of that Part.

5. The categorisation of any person as a primary producer, a primary processor, a secondary processor, an exporter, or a homekill or recreational catch service provider relates to the identification of the person in that capacity only, and does not prevent the person from being identified also, and accordingly treated as being, a person in any of the other categories.

6. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

7. a declaration under paragraph (b) of the definition of animal in subsection (1):
8. a notice under paragraph (d) of the definition of primary processor in subsection (1).

9. Unless the context otherwise requires, parts of speech and grammatical forms of terms defined in this section have corresponding meanings in this Act.

Notes

• Section 4(1) accredited person: repealed, on 2 March 2018, by section 58(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) accredited risk management programme verifier: repealed, on 2 March 2018, by section 58(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) accredited verifier: repealed, on 26 September 2002, by section 5(1) of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 4(1) animal paragraph (b): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 4(1) animal product standard: replaced, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) automated electronic system: inserted, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) client hunter: inserted, on 26 September 2002, by section 5(2) of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 4(1) dairy material: inserted, on 1 June 2005, by section 5(2) of the Animal Products Amendment Act 2005 (2005 No 26).
• Section 4(1) dairy processing: inserted, on 1 June 2005, by section 5(2) of the Animal Products Amendment Act 2005 (2005 No 26).
• Section 4(1) dairy processor: inserted, on 1 June 2005, by section 5(2) of the Animal Products Amendment Act 2005 (2005 No 26).
• Section 4(1) dairy processor paragraph (b): replaced, on 2 March 2018, by section 58(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) dairy product: inserted, on 1 June 2005, by section 5(2) of the Animal Products Amendment Act 2005 (2005 No 26).
• Section 4(1) export requirements: inserted, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) farm dairy: inserted, on 1 June 2005, by section 5(3) of the Animal Products Amendment Act 2005 (2005 No 26).
• Section 4(1) farm dairy operator: inserted, on 1 June 2005, by section 5(3) of the Animal Products Amendment Act 2005 (2005 No 26).
• Section 4(1) Food Act regime: replaced, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
• Section 4(1) food control plan: inserted, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
• Section 4(1) food safety programme: repealed, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
• Section 4(1) Food Standards Code: replaced, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
• Section 4(1) game estate: inserted, on 26 September 2002, by section 5(2) of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 4(1) infringement fee: inserted, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) infringement offence: inserted, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) milk: inserted, on 1 June 2005, by section 5(5) of the Animal Products Amendment Act 2005 (2005 No 26).
• Section 4(1) national programme: inserted, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
• Section 4(1) notice of recognition: inserted, on 31 August 2012, by section 4(2) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 4(1) permissible functions and activities: inserted, on 31 August 2012, by section 4(2) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 4(1) permissible functions and activities: amended, on 2 March 2018, by section 58(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) permissible functions and activities paragraph (a): amended, on 2 March 2018, by section 58(5) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) permissible functions and activities paragraph (b): repealed, on 2 March 2018, by section 58(6) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) primary processor paragraph (b): substituted, on 26 September 2002, by section 5(3) of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 4(1) primary processor paragraph (ca): inserted, on 1 June 2005, by section 5(6) of the Animal Products Amendment Act 2005 (2005 No 26).
• Section 4(1) primary processor paragraph (d): substituted, on 26 September 2002, by section 5(4) of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 4(1) primary processor paragraph (d): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 4(1) primary processor paragraph (d): amended, on 2 March 2018, by section 58(7) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) public register: inserted, on 31 August 2012, by section 4(2) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 4(1) recognised agency: replaced, on 31 August 2012, by section 4(1) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 4(1) recognised class: inserted, on 31 August 2012, by section 4(2) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 4(1) recognised person: replaced, on 31 August 2012, by section 4(1) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 4(1) recognised risk management programme verifier: repealed, on 2 March 2018, by section 58(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) recognised risk management programme verifying agency: repealed, on 2 March 2018, by section 58(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) recognised verifying agency: repealed, on 26 September 2002, by section 5(5) of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 4(1) recreational catch paragraph (a): amended, on 26 September 2002, by section 5(6) of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 4(1) regulated animal product: amended, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
• Section 4(1) regulated person: inserted, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) regulations: inserted, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) rendering: inserted, on 26 September 2002, by section 5(7) of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 4(1) risk-based measure: inserted, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
• Section 4(1) risk factors: amended, on 26 September 2002, by section 5(8) of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 4(1) specified functions and activities: inserted, on 31 August 2012, by section 4(2) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 4(1) supplementary notice: inserted, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) verification: replaced, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) verifier: inserted, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(1) verifying agency: inserted, on 2 March 2018, by section 58(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(2)(a): amended, on 2 March 2018, by section 58(8) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(2)(b): amended, on 2 March 2018, by section 58(9) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 4(4): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).