Plain language law

New Zealand law explained for everyone

Animal Products Act 1999

Risk management programmes - Relationship between Food Act regime and risk management programmes

32: Secondary processors of animal products which are food may elect to operate under risk management programme

You could also call this:

"Food makers using animal products can choose a special safety plan instead of following Food Act rules"

You can choose to operate under a risk management programme if you process animal products that are food, as defined in the Food Act 2014. This means you do not have to follow the rules under the Food Act 2014 for that product. You make this choice by telling the Director-General, who is in charge of this area.

When you make this choice, it starts when your risk management programme is registered. The Director-General will then tell the people in charge of the Food Act 2014 and your local council about your choice. If you decide to stop using your risk management programme, the Director-General will let them know that too.

If you choose to operate under a risk management programme, the Food Act 2014 rules do not apply to the things covered by your programme. You will be treated as someone who needs to have a risk management programme for the animal products you process.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM34376.

Previous

31: Object of sections 32 to 34A, or

"What sections 32 to 34A are about: making it easier to follow food safety laws"

Next

33: Implications of failure to elect in case of animal product which is food whose export requires an official assurance, or

"What happens if you don't follow the rules when exporting food animal products that need official approval"

Part 2Risk management programmes
Relationship between Food Act regime and risk management programmes

32Secondary processors of animal products which are food may elect to operate under risk management programme

  1. A secondary processor of an animal product which is a food within the meaning of the Food Act 2014 may elect under this section to operate under a registered risk management programme rather than under the applicable risk-based measure under the Food Act 2014 in respect of that product.

  2. An election under this section—

  3. is made by notifying it to the Director-General, whether at the time the secondary processor applies for registration of a risk management programme or in such other manner as the Director-General may approve; and
    1. takes effect when the risk management programme of the secondary processor is registered, or is notified in the register as taking effect.

      1. Sections 20 to 23 apply in relation to the application for registration of a risk management programme of any person making an election under this section.

      2. Where an election is made under this section,—

      3. for the purposes of this Act, the secondary processor is to be treated as a person who is required to have a risk management programme in respect of the animal product concerned; and
        1. the Food Act regime does not apply to the matters covered by the registered risk management programme.

          1. An election under this section is to be treated as revoked if the secondary processor surrenders the risk management programme under section 29, and subsection (4) of this section ceases to apply on and from the date stated in the register.

          2. When the Director-General has registered a secondary processor's risk management programme following an election of the processor under this section, the Director-General must—

          3. notify the chief executive of the agency for the time being responsible for the administration of the Food Act 2014 and any relevant territorial authority (as defined in section 8(1) of the Food Act 2014) of the election; and
            1. note the election on the register of risk management programmes in accordance with section 19.

              1. Where an election is treated as revoked by subsection (5), the Director-General must similarly notify the chief executive and relevant territorial authority referred to in subsection (6)(a), and must note the revocation on the register.

              Notes
              • Section 32(1): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
              • Section 32(6)(a): amended, on , by section 447 of the Food Act 2014 (2014 No 32).