Animal Products Act 1999

Risk management programmes - Registration of risk management programmes

27: Suspension of operations under registered programme

You could also call this:

"Stopping animal product operations if they're not safe or don't meet the rules"

The Director-General can stop some or all operations under a registered risk management programme for up to 3 months if they think the programme is not working or the animal product does not meet requirements. They can do this if they have reasonable grounds to believe the programme may not be effective, the animal product does not meet requirements, or if suspension is permitted under section 26A. The Director-General can also impose conditions on the suspension.

If the Director-General stops operations, they must tell the operator in writing, saying why they stopped them, how long it will last, and what operations are stopped. The Director-General can extend the suspension for up to 3 more months if they think it is necessary. You can suspend your own operations for between 3 months and 1 year, but you must tell the Director-General in writing, saying when the suspension starts and ends, what operations are stopped, and how you will deal with any affected animal material or product.

The Director-General must tell the operator's verifying agency about any suspension and can also tell the public about it in the Gazette. If operations are stopped, the Director-General can tell the operator to take action to deal with any affected animal material or product and can use their other powers under section 82. If someone acting for the Director-General stops operations, you can ask for a review of the decision under section 162.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM34363.

26A: Director-General may require amendment to improve clarity of registered risk management programme, or

"The boss can ask you to make your safety plan clearer so others can understand it easily."

28: Deregistration of risk management programme, or

"Stopping a plan that keeps animal products safe if it's not working properly"

Part 2Risk management programmes
Registration of risk management programmes

27Suspension of operations under registered programme

The Director-General may suspend any or all operations under a registered risk management programme for a period of up to 3 months if the Director-General has reasonable grounds to believe that—
the programme may not be or is no longer effective; or
the animal product produced under the programme does not meet or no longer meets the requirements imposed by or under this Act; or
suspension is permitted under section 26A.

The Director-General may impose conditions and requirements in respect of the implementation and operation of a suspension under this section.
Where the Director-General suspends all or any operations under a risk management programme, he or she must give written notice of that fact to the operator of the programme, specifying—
the reason for the suspension; and
the period of the suspension; and
the date on which or time at which it commences (which may not be earlier than the date or time of notification); and
the operations to which the suspension applies; and
any conditions or requirements in relation to the suspension.

If the Director-General considers it necessary in the circumstances, and after having notified the operator of the proposed extension and the reasons for it and having given the operator a reasonable opportunity to be heard, the period of suspension may be extended for such further period not exceeding 3 months as the Director-General notifies to the operator in writing before the expiry of the original suspension.
The operator of a registered risk management programme may suspend all or any operations under the programme for a minimum of 3 months and a maximum of 12 months.
An operator who suspends a programme under subsection (4A) must give the Director-General a notice in writing stating—
the date on which the suspension starts, which must be a date after the date of the notice; and
the date on which the suspension ends; and
which operations are suspended; and
how the operator intends to deal with any affected animal material or product.

The Director-General must notify the operator’s verifying agency of any suspension under this section.
The Director-General may notify any suspension under this section in the Gazette.
A suspension under this section does not affect any other actions that the Director-General may take under this Act.
Where operations are suspended under this section, the Director-General may direct the operator or person in charge to take action appropriate to deal with any affected animal material or product and exercise any of his or her other powers under section 82.
If a person acting under the delegated authority of the Director-General suspends any operations under this section, the operator of the risk management programme or of the animal product business concerned may seek a review of the suspension under section 162.

Notes

Section 27(1): replaced, on 2 March 2018, by section 79(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
Section 27(4A): inserted, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
Section 27(4B): inserted, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
Section 27(5): amended, on 2 March 2018, by section 79(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
Section 27(5): amended, on 26 September 2002, by section 5(10) of the Animal Products Amendment Act 2002 (2002 No 29).