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Animal Products Act 1999

Preliminary provisions - Application of Act generally

9: Exemptions from ambit of Act by Order in Council

You could also call this:

"Some animal products or people can be exempt from the Animal Products Act by a special order"

The Governor-General can make a special order to exempt some things from the Animal Products Act. You might wonder what things can be exempt. It can be animal material or products, people who produce or export them, or places where they are made. The Minister must recommend this order and can only do so if they think it will not harm human or animal health. The Minister considers many things before making a recommendation, such as keeping consumers safe and following international standards. They also think about the costs and benefits of having the exemption, and how to manage any risks, as well as looking at Part 3 of the Legislation Act 2019 for publication requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM34305.

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Part 1Preliminary provisions
Application of Act generally

9Exemptions from ambit of Act by Order in Council

  1. The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, exempt from the operation of all or any of the provisions of this Act—

  2. any animal material or animal product, or any 1 or more classes or descriptions of animal material or animal product:
    1. any 1 or more classes or descriptions of producers, processors, or exporters of animal material or animal product:
      1. any 1 or more classes or descriptions of operations, premises, or places in relation to the production, processing, or export of animal material or animal product:
        1. any combination of the above.

          1. The Minister may not recommend the making of an order under this section unless the Minister is satisfied, having regard to the matter to be exempted, that—

          2. the risk to human or animal health of providing the exemption is negligible; or
            1. there are other sufficient safeguards, whether by way of regulated control scheme or in other legislation or by other means, to minimise any risk to human or animal health involved in providing the exemption.

              1. In determining whether or not to make a recommendation under this section, the Minister is to have regard to the following considerations:

              2. the need to protect the health of consumers and users of animal products:
                1. the desirability of facilitating market access:
                  1. the desirability of maintaining consistency between New Zealand's animal product standards and any relevant standards, requirements, or recommended practices that apply or are accepted internationally:
                    1. the relative costs of having the exemption or not having it, who bears the cost, and the positive and negative impacts on New Zealand consumers and users:
                      1. the most effective way of managing the relevant risk factors:
                        1. such other matters as the Minister considers relevant.

                          1. Repealed

                          2. An exemption under this section may have retrospective effect.

                          3. An order under this section—

                          4. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                            1. may have effect in accordance with subsection (5) even if not yet published.

                              Notes
                              • Section 9(3): amended, on , by section 63(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                              • Section 9(4): repealed, on , by section 63(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                              • Section 9(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).