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Animal Products Act 1999

Animal product standards

46: Emergency animal product standards

You could also call this:

"Special rules to keep people and animals safe in an emergency"

The Minister can make emergency rules for animal products if there is a risk to human or animal health, or to New Zealand's exports. You might be affected by these rules if you work with animal products. The Minister must tell people about the new rules as soon as possible.

The Minister can make these emergency rules if it is not possible to make or change normal rules in time to deal with the situation. These emergency rules can include anything that could be in normal rules. The rules take effect on the day they are published under the Legislation Act 2019, or on an earlier day if you have been given a copy of the rules.

The Minister must talk to people who might be affected by the rules before making them. If there is a conflict between the emergency rules and normal rules, the emergency rules win. The Minister can change or cancel the emergency rules, but cannot ask someone else to do it for them.

The emergency rules are a type of secondary legislation, which you can read about in Part 3 of the Legislation Act 2019. These rules will expire after six months, unless the Minister extends them for another six months.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM34801.

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45: Director-General may issue specifications supplementary to animal product standards, or

"The boss of animal products can make extra rules to help keep animal products safe."

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47: Object of this Part, or

"Helping New Zealand trade animal products safely with other countries"

Part 4Animal product standards

46Emergency animal product standards

  1. The Minister may, by order, issue emergency animal product standards if, in the opinion of the Minister,—

  2. an emergency or urgent situation has arisen involving risk to—
    1. human or animal health; or
      1. the integrity or reputation of New Zealand exports of animal material or products; or
        1. overseas market access for New Zealand exports of animal material or products; and
        2. it is not practicable in the circumstances of the particular case, in time to deal with the situation, to—
          1. make or amend regulations under section 44 or issue or amend a supplementary notice; or
            1. otherwise effectively alleviate or minimise the relevant risk.

            2. Any such order may contain any matter that could be included in regulations made under section 44 or a supplementary notice.

            3. Any such order must as soon as practicable be—

              1. to the extent practicable, brought to the attention of all persons likely to be affected by it.

                1. Repealed

                2. A Ministerial order under this section—

                3. takes effect on such day as may be specified in the order (which may not be earlier than the day it is published under the Legislation Act 2019, except in the case of any person affected who has been supplied with a copy of the order at any earlier time); and
                  1. unless sooner revoked, expires at the end of 6 months after the date of its publication under the Legislation Act 2019, unless extended by the Minister by notice for a further period not exceeding 6 months (at the end of which period it expires).

                    1. Before making an order under this section, the Minister must ensure that such consultation as is reasonable and practicable in the circumstances has been undertaken, but section 163 does not apply to an order under this section.

                    2. In the case of inconsistency between a Ministerial order under this section and any animal product standard or supplementary notice, the Ministerial order prevails.

                    3. A Ministerial order may be amended in the same manner as it was made.

                    4. Despite anything in clause 5 of Schedule 6 of the Public Service Act 2020, the Minister may not delegate to any other person the power to make orders under this section, or to extend or revoke such orders.

                    5. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                    6. an order under this section:
                      1. a notice under subsection (5)(b).

                        Notes
                        • Section 46 heading: amended, on , by section 98(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 46(1): amended, on , by section 98(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 46(1)(b)(i): replaced, on , by section 98(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 46(2): amended, on , by section 98(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 46(3)(a): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 46(4): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 46(5)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 46(5)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 46(7): amended, on , by section 98(5) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 46(8): amended, on , by section 98(6) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 46(9): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                        • Section 46(10): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).