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Animal Products Act 1999

Risk management programmes

13: Who must have a risk management programme

You could also call this:

"Who needs a plan to keep animal products safe?"

You need to have a risk management programme if you are a primary processor of animal material. You also need one if you are a secondary processor of animal products that people or animals will eat. This does not apply if you are only processing animal products for export and an official assurance under Part 5 is required.

If you choose to operate under a risk management programme, you will be treated as if you are required to have one. You can find more information about this in section 32 and section 34. You should be aware of the implications of not having a programme, which are set out in section 33.

You do not need a risk management programme for the primary production of animal material. You also do not need one for transporting animal material before it is processed. There are some other situations where you do not need a risk management programme, such as processing homekill or recreational catch, or processing dairy material that is not for human or animal consumption. You can find more information about exemptions in section 9 and section 14 and section 15.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM34313.

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12: What is a risk management programme, or

"A plan to keep animal products safe by finding and controlling hazards"

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14: Director-General may grant limited exemption from requirement to have risk management programme, or

"The boss can excuse you from some rules about keeping people and animals safe, for a little while."

Part 2Risk management programmes

13Who must have a risk management programme

  1. Subject to subsection (3), the following persons must operate under a registered risk management programme, whether as the registered holder of the programme or as a business or part of a business to which the programme applies under section 17A, in respect of their production or processing of animal material or animal product:

  2. all primary processors of animal material:
    1. all secondary processors of animal products intended for human or animal consumption, except to the extent that they are subject to the Food Act regime:
      1. retail butchers who are dual operator butchers:
        1. such other persons as may be specified by Order in Council under section 15 as requiring to operate under a risk management programme.

          1. While a secondary processor of animal products intended for export to an overseas market for which an official assurance under Part 5 is required is not obliged by subsection (1) to have a registered risk management programme,—

          2. such a person should be aware of the implications of not having a programme as set out in section 33; and
            1. if the person elects under section 32 to operate under a registered risk management programme, or to register a food control plan as a risk management programme under section 34 for the purposes of certain operations, they will be treated as a person who is required to have a registered risk management programme in respect of the animal products or operations concerned.

              1. Nothing in subsection (1) requires a person to operate under a risk management programme in respect of—

              2. the primary production of animal material (subject to any order under section 15):
                1. the transporting of animal material prior to primary processing (subject to any order under section 15):
                  1. the secondary processing of animal products not intended for human or animal consumption (except to the extent indicated in subsection (2) in respect of animal product for export for which an official assurance is required, and subject to any order under section 15):
                    1. the processing of any homekill or recreational catch by a listed homekill or recreational catch service provider (except as provided in section 71 in the case of dual operator butchers):
                      1. the processing of dairy material or dairy product that is not intended for human or animal consumption (subject to any order made under section 15):
                        1. any type of animal material, animal product, process, operation, premises, or place that is exempted from the provisions of this Part by Order in Council made under section 9:
                          1. any matter that is for the time being subject to an exemption granted by the Director-General under section 14.

                            Notes
                            • Section 13 heading: amended, on , by section 65(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                            • Section 13(1): amended, on , by section 65(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                            • Section 13(1): amended, on , by section 8(1) of the Animal Products Amendment Act 2005 (2005 No 26).
                            • Section 13(1): amended, on , by section 9(a) of the Animal Products Amendment Act 2002 (2002 No 29).
                            • Section 13(1)(d): amended, on , by section 9(a) of the Animal Products Amendment Act 2002 (2002 No 29).
                            • Section 13(2)(b): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                            • Section 13(3): amended, on , by section 9(b) of the Animal Products Amendment Act 2002 (2002 No 29).
                            • Section 13(3)(e): substituted, on , by section 8(2) of the Animal Products Amendment Act 2005 (2005 No 26).