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Animal Products Act 1999

Regulated control schemes

38: Nature of regulated control schemes

You could also call this:

"Rules to keep animal products safe when businesses can't do it alone"

The goal of a regulated control scheme is to manage risks when it is not possible for individual animal product businesses to do so on their own. You might need a regulated control scheme when it is more efficient or necessary to have a general rule rather than individual rules. It can also be used when extra measures are needed to meet export requirements.

A regulated control scheme can be put in place by regulations made under section 40, or by the Director-General using a notice under section 167(1) if export requirements have been set under section 60. You will need to follow the rules set out in the scheme if you are involved in the animal products industry. The Director-General must be satisfied that the scheme is necessary to meet export requirements before putting it in place.

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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=DLM34391.

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37: Object of this Part, or

"This part of the law is about special rules to keep animal products safe when normal rules aren't enough."

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39: Scope of regulated control scheme, or

"Rules to Keep Animal Products Safe"

Part 3Regulated control schemes

38Nature of regulated control schemes

  1. The object of a regulated control scheme is to impose risk management measures in circumstances where—

  2. it is not feasible or practicable for the relevant risk factors to be managed by individual animal product business operators within individual risk management programmes (whether or not those operators would normally be required to have a risk management programme); or
    1. having regard to considerations of economic efficiency, or to legal considerations that may require the exercise of statutory authority for the successful management of risk factors, it is necessary or appropriate that the measures be imposed generally rather than being dealt with by way of individual risk management programmes; or
      1. the measures are additional to those normally required to meet New Zealand animal product standards, and are necessary to meet any export requirements.

        1. A regulated control scheme may be imposed—

        2. by regulations made under section 40, which may be supplemented by supplementary notices; or
          1. by the Director-General by notice under section 167(1) if—
            1. export requirements have been specified under section 60; and
              1. the Director-General is satisfied that the risk management measures imposed by the scheme are necessary or desirable to meet those export requirements.

              Notes
              • Section 38(1)(a): amended, on , by section 5(10) of the Animal Products Amendment Act 2002 (2002 No 29).
              • Section 38(1)(b): amended, on , by section 5(10) of the Animal Products Amendment Act 2002 (2002 No 29).
              • Section 38(1)(c): amended, on , by section 90(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
              • Section 38(2): replaced, on , by section 90(2) of the Food Safety Law Reform Act 2018 (2018 No 3).