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Animal Products Act 1999

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

34: Alternate or intermittent use of risk management programmes and food control plans

You could also call this:

"Using a food control plan sometimes like a risk management programme"

If you are a secondary processor, you can apply to have your food control plan recognised as a risk management programme. You do this by applying to the Director-General for registration of the plan as a risk management programme. When you apply, sections 20(2) to (4) and 21 to 23 of the Act will apply to your application. The Director-General will decide if your plan can be registered and under what conditions.

If your food control plan is registered as a risk management programme, you can only operate under it at certain times and in certain ways. The Director-General will specify these conditions. When you are operating under the plan as a risk management programme, you will be treated as if you have a risk management programme and the Food Act regime will not apply. But when you are not operating under the plan, you will be treated as if you are subject to the Food Act regime.

Before the Director-General registers your plan, they must tell you about the conditions of the registration. You can then choose to withdraw your application if you do not agree with the conditions. Once your plan is registered, the Director-General will notify you, the chief executive of the agency responsible for the Food Act 2014, and your verifying agency about the registration and its conditions.

The Director-General must consider things like continuity in verification services and export requirements when deciding the conditions of your registration. They can also impose other conditions that are reasonable for your situation. You can find more information about the Food Act 2014 by visiting the Food Act 2014 webpage.

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

34Alternate or intermittent use of risk management programmes and food control plans

  1. A secondary processor who wishes to have a food control plan recognised as a risk management programme to be operated on an intermittent basis may apply to the Director-General for registration of the plan as a risk management programme.

  2. Sections 20(2) to (4) and 21 to 23 apply to the application as if it were an application under section 20(1).

  3. Where a food control plan is registered as a risk management programme,—

  4. its operator may operate under it only at the times and in the manner, and on the giving of such notification, as may be specified in conditions (if any) imposed under section 22; and
    1. during or in respect of matters occurring during any period when the operator operates under the plan as a risk management programme, unless the regulations or any supplementary notice provides otherwise,—
      1. the operator is to be treated as a person who is required to have a risk management programme in respect of those operations; and
        1. the Food Act regime does not apply to those operations; and
        2. during or in respect of matters occurring during any period when the operator does not so operate, unless the regulations or any supplementary notice provides otherwise,—
          1. the operator is to be treated as subject to the Food Act regime; and
            1. this Part does not apply in relation to that period or matters occurring during it; and
            2. despite anything in this Act or the Food Act 2014, the risk management programme is subject to whichever audit or verification regime is specified by the Director-General under subsection (4).

              1. In imposing conditions on registration under section 22(3), the Director-General—

              2. must specify whether and to what extent the plan is to be subject to the verification requirements of this Act or the Food Act 2014; and
                  1. may impose such other conditions as are reasonable in light of the operator's proposed use of the plan.

                    1. In imposing a condition under subsection (4)(a), the Director-General must have regard to—

                    2. the desirability of continuity in verification services, functions, or requirements; and
                      1. any export requirements; and
                        1. any requirements set out in the regulations or any supplementary notice for determining whether all or any classes of registered food control plans are to be subject to the verification regime of this Act or the Food Act 2014.

                          1. Before registering a food control plan as a risk management programme, the Director-General must advise the applicant of the conditions of the proposed registration and give the applicant the opportunity to withdraw the application.

                          2. On registering a plan, the Director-General must as soon as practicable notify the fact and the conditions of the registration to—

                          3. the applicant; and
                            1. the chief executive of the agency for the time being responsible for the administration of the Food Act 2014, or the relevant territorial authority; and
                              1. the applicant's verifying agency (if applicable); and
                                1. the applicant's verifier or verification agency under the Food Act 2014.

                                  1. Repealed
                                  Notes
                                  • Section 34 heading: amended, on , by section 86(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                  • Section 34(1): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                  • Section 34(2): replaced, on , by section 86(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                  • Section 34(3): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                  • Section 34(3)(b): replaced, on , by section 86(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                  • Section 34(3)(c): replaced, on , by section 86(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                  • Section 34(3)(d): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                  • Section 34(4)(a): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                  • Section 34(4)(b): repealed, on , by section 86(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                  • Section 34(4)(c): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                  • Section 34(4A): inserted, on , by section 86(5) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                  • Section 34(5): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                  • Section 34(6): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                  • Section 34(6)(b): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                  • Section 34(6)(c): amended, on , by section 86(6) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                  • Section 34(6)(c): amended, on , by section 5(10) of the Animal Products Amendment Act 2002 (2002 No 29).
                                  • Section 34(6)(d): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                  • Section 34(7): repealed, on , by section 86(7) of the Food Safety Law Reform Act 2018 (2018 No 3).