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Animal Products Act 1999

Risk management programmes - Registration of risk management programmes

28: Deregistration of risk management programme

You could also call this:

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

The Director-General can remove a risk management programme from the register if they are satisfied that the programme is not working properly. You might be wondering what this means - a risk management programme is a plan that helps keep animal products safe. The Director-General can deregister the programme for several reasons, such as if the programme has failed to keep animal products safe, or if the person running the programme is not a fit and proper person.

The Director-General must tell the operator of the programme that they intend to deregister it, and give them a chance to respond. The Director-General will say why they want to deregister the programme and set a date for the operator to respond. If the Director-General decides to deregister the programme, they must give the operator written notice, including the reasons and the date when the deregistration takes effect.

If a risk management programme is deregistered, the Director-General can tell the operator to take action to deal with any affected animal products. The Director-General can also use their other powers under the Act, such as those outlined in section 82. The deregistration of a programme does not stop the Director-General from taking other actions under the Act. If you are affected by a deregistration, you may be able to ask for a review under section 162.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM34365.

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27: Suspension of operations under registered programme, or

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

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28A: Removal of business or part of business from coverage of wider risk management programme, or

"Stopping a business from being part of an animal safety plan"

Part 2Risk management programmes
Registration of risk management programmes

28Deregistration of risk management programme

  1. The Director-General may remove a risk management programme from the register if the Director-General is satisfied that—

  2. the Director-General would be justified under section 27 in suspending operations under the programme but, in light of repeated suspensions of operations under the risk management programme in the past under that section, it would be more appropriate to deregister the programme; or
    1. there is or has been such a serious failure of operations or other matters under the programme as to cast doubt on the fitness for intended purpose of the animal product produced under the programme; or
      1. removal of the programme from the register is permitted under section 26A; or
        1. whether by reason of the passage of time, changing circumstances, or for any other reason, the risk management programme no longer ensures the fitness for intended purpose of animal product produced under the programme; or
          1. the operator of the programme is no longer a fit and proper person to operate or be responsible for the operation of an animal product business, taking into account any conviction of the operator or any director or manager of the animal product business concerned, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or elsewhere) that are regulated under this Act; or
            1. the risk management programme has ceased to be relevant to the operations it purports to cover by reason of there being a change in the identity of—
              1. the person who owns or has control of the business concerned; or
                1. the premises or place where the relevant operations are carried out; or
                  1. the material or product being produced or processed; or
                    1. the type of production or processing being carried out.

                    2. The Director-General may deregister a risk management programme under this section only if—

                    3. the Director-General has given the operator of the programme notice orally or in writing—
                      1. saying that the Director-General intends to deregister the programme; and
                        1. stating the reason for deregistration; and
                          1. setting a reasonable date by which the operator must respond to the Director-General; and
                            1. stating that the operator’s response may be made orally or in writing; and
                            2. the Director-General—
                              1. has heard any representations that the operator wants to make; or
                                1. has received no response from the operator by the date set.

                                2. Where the Director-General determines to deregister a risk management programme, the Director-General must—

                                3. give written notice of that fact to the operator of the programme, giving reasons and specifying the date on which the deregistration takes effect (which may not be earlier than the date of notification); and
                                  1. notify the operator’s verifying agency of that fact.

                                    1. Where a risk management programme is deregistered 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 may exercise any of his or her other powers under section 82.

                                    2. The Director-General may notify any deregistration under this section in the Gazette.

                                    3. The deregistration of a risk management programme under this section does not affect any other actions that the Director-General may take under this Act.

                                    4. If a person acting under the delegated authority of the Director-General deregisters a risk management programme under this section, the operator of the risk management programme or of the animal product business concerned may seek a review of the deregistration under section 162.

                                    Notes
                                    • Section 28(1): amended, on , by section 80(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                    • Section 28(1)(ba): inserted, on , by section 80(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                    • Section 28(1)(c): substituted, on , by section 19 of the Animal Products Amendment Act 2002 (2002 No 29).
                                    • Section 28(2): replaced, on , by section 447 of the Food Act 2014 (2014 No 32).
                                    • Section 28(3)(b): amended, on , by section 80(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                    • Section 28(3)(b): amended, on , by section 5(10) of the Animal Products Amendment Act 2002 (2002 No 29).