Part 7Officers, powers, etc
Powers of Director-General
81BDirector-General may impose movement and related controls
The Director-General may, by notice to the owner, operator, or person in control (or reasonably appearing to be in control) of any animal, animal material, or animal product business concerned, impose or provide for the imposition of movement or related controls in accordance with this section if the Director-General has reasonable ground to suspect the existence of a hazard or source of contamination (a risk source) that may affect animals or animal material that may be processed for human or animal consumption.
The notice must specify the particular risk source, whether by reference to—
- a place or area (where, for instance, there may be contamination from the land or the environment); or
- a particular person or animal product business, or an identified class of persons or animal product businesses (where, for instance, the contamination may be from human intervention or omission); or
- an animal or any animal material, or any identified group of animals or class of animal material (where, for instance, the contamination may be transmissible); or
- any other appropriate thing or circumstance.
The movement or related controls—
- may be imposed in relation to any animals, animal material, place or area, activity, animal product business, or associated thing that—
- is suspected to be the risk source; or
- may be affected by the risk source:
- is suspected to be the risk source; or
- must be of a nature directed at minimising the risk to humans or animals of detrimental effects.
Without limiting the generality of subsection (3), the controls may—
- restrict, apply conditions to, or prohibit the movement, trade in, or presentation for processing of any animal or animal material, or any class of animal or animal material, that is suspected of being contaminated:
- contain directions that specified actions in relation to the risk source, or the animals or animal material that may be affected by it, are to be taken to minimise the risk of harm to humans and animals, including—
- isolation of the animals, animal material, or place concerned:
- the confining, detention, storage, or treatment of animals, animal material, or things that have been in contact with or exposed to the risk source or contaminated animals or animal material:
- forms of intervention in the possible trade in contaminated animals or animal material, or animals or animal material or products exposed to the risk source or to animals or animal material suspected of being contaminated:
- sampling, testing, or analysis to be undertaken by the owner or person in charge of the property, place, animals, animal material, or animal product business, or by any other person, to the extent reasonable and necessary or desirable to determine the contamination status of the relevant property, place, animals, material, or business.
- isolation of the animals, animal material, or place concerned:
A notice under this section may—
- direct the keeping of records or documentation in respect of any matters the subject of the notice:
- include a requirement for the recipient of the notice to notify the Director-General when all or any of the risk source is disposed of.
The notice continues in force until revoked, or until such earlier time as is specified in the notice.
A notice may
be amended or revoked in the same manner as that in which it was issued.If a notice under this section affects only 1 person or a small number of persons and the identity of the person or persons is known, the Director-General must—
- notify the person or persons of the matter individually in accordance with section 165; and
- either—
- supply them with a copy of the notice; or
- notify them where they may inspect a copy free of charge (which may include inspection by electronic means) or obtain a copy on payment of a reasonable charge.
- supply them with a copy of the notice; or
If it is not possible, reasonable, or practical to give notice in accordance with subsection (8), the Director-General must—
- publish the notice, or notification that it has been issued, in the Gazette; and
- where the Director-General considers it practicable, cause the notice to be brought to the attention of persons likely to be affected by it by notice or publication in any newspaper or trade journal or by any other practicable means (including electronic means).
If the notice is not published in full in the Gazette,—
- the Director-General must make copies available for inspection free of charge, and for purchase at a reasonable cost, at the head office of the Ministry and at any other places that the Director-General determines; and
- the Gazette notice must specify where a copy may be inspected or obtained.
For the purposes of this section,—
- the Director-General may approve systems for particular notices to be issued automatically on the occurring of a particular event or set of circumstances that indicates the likelihood of a particular risk source arising and the need for measures that will minimise the risk; and
- any notices so issued are deemed to be issued by the Director-General under this section.
Notes
- Section 81B: inserted, on , by section 36 of the Animal Products Amendment Act 2002 (2002 No 29).
- Section 81B(7): amended, on , by section 126(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
- Section 81B(8): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 81B(8A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 81B(8B): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).