Part 2Risk management programmes
Registration of risk management programmes
25Registration of significant amendments to risk management programme
The operator of a registered risk management programme must amend that programme, and apply for registration of the amendment, where any change, event, or other matter means that the programme—
- is no longer appropriate, or will no longer be appropriate, to the animal material or product, processes, or premises or place covered by the programme; or
- otherwise impacts, or will impact, on the fitness for intended purpose of the animal product concerned or the content of the risk management programme as required under section 17
. The operator must amend the programme, and apply for registration of the amendment, before the event where the operator knows of the change, event, or other matter in advance, and in all other cases must do so without unreasonable delay.
The operator of a risk management programme may at any time apply to the Director-General
for registration of an amendment to the programme.An application under this section must be made in writing in a form or manner approved by the Director-General and be accompanied by—
- any information and other material required by the regulations or any supplementary notice; and
- the prescribed fee (if any).
The information and other material accompanying the application must be provided in a way that complies with any requirements prescribed by the regulations or any supplementary notice.
Sections 21 to 23 apply to an application under this section, with any necessary modifications, as if it were an application for registration under section 20.
As soon as practicable after determining to register an amendment, the Director-General must—
- notify the applicant in writing accordingly; and
- where the amendment relates to future events or matters, specify the date or occasion on which the amendment takes effect or will apply; and
- give the applicant’s verifying agency a copy of the amendment (or, where appropriate, of a redraft of the relevant part of the programme that incorporates the amendment); and
- make an appropriate entry on the register of risk management programmes.
If the Director-General proposes to refuse to register an amendment, the Director-General must give the applicant—
- a notice containing such particulars as will clearly inform the applicant of the grounds on which the Director-General proposes to refuse to register the amendment; and
- a reasonable opportunity to make written submissions or be heard in respect of the matter.
Where the Director-General finally determines to refuse to register an amendment, the Director-General must as soon as practicable notify that fact to the applicant in writing, giving reasons.
If a person acting under the delegated authority of the Director-General declines to register an amendment, the applicant may seek a review of that decision under section 162.
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Notes
- Section 25 heading: amended, on , by section 76(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
- Section 25 heading: amended, on , by section 18 of the Animal Products Amendment Act 2002 (2002 No 29).
- Section 25(1)(b): amended, on , by section 76(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
- Section 25(3): amended, on , by section 76(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
- Section 25(3A): inserted, on , by section 76(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
- Section 25(3B): inserted, on , by section 76(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
- Section 25(5)(c): amended, on , by section 76(5) of the Food Safety Law Reform Act 2018 (2018 No 3).
- Section 25(9): repealed, on , by section 76(6) of the Food Safety Law Reform Act 2018 (2018 No 3).