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Animal Products Act 1999

Officers, powers, etc - Powers of Director-General

85: Recall of animal material and animal product

You could also call this:

"When animal products are not safe, the Director-General can ask you to return them."

The Director-General can ask you to return animal material or products if they are not safe or are labelled incorrectly. You will get a notice in writing telling you to take the product to a specific place. The Director-General and you can agree on where to take the product.

The Director-General can also ask you to return animal material if it is being sold as something it is not. You will get a notice telling you what to do with the material. The notice might also tell you to follow rules from section 90 or section 91.

If you get a notice, you must tell the Director-General how you will follow it as soon as possible. When you have finished following the notice, you must tell the Director-General in writing. If you do not follow the notice, the Director-General can take control of the material or product and you might have to pay for the costs.

The Director-General can still make public statements about animal material or products, even if they have asked you to return them, as stated in section 84.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35220.

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84: Privileged statements by Director-General, or

"The boss of animal product safety can share important information to keep you safe, and they have special protection when doing so."

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86: Delegation by Director-General, or

"The boss of animal products can give some jobs to other people."

Part 7Officers, powers, etc
Powers of Director-General

85Recall of animal material and animal product

  1. The Director-General may, for the purpose of examining, reclassifying, rectifying, or disposing of any animal product that is not fit for intended purpose or whose fitness is in doubt, or that is mislabelled or incorrectly identified, issue a notice in writing directing the recall of that product and requiring the product to be taken to a place specified in the notice, or a place agreed to between the Director-General and the recipient of the notice.

  2. The Director-General may, for the purpose of examining, controlling, or disposing of any material that he or she has reason to believe is being or has been misrepresented as being animal product, or as being suitable for inclusion in or processing into animal product when it is not, issue a notice in writing directing the recall of animal material and requiring it to be taken to a place specified in the notice, or a place agreed to between the Director-General and the recipient of the notice.

  3. A notice under this section (a recall notice) may also specify any requirements that may be imposed under section 90 or section 91.

  4. A recall notice may be directed to any 1 or more persons who own or have control over the animal material or product in question.

  5. On receipt of a recall notice, the person on whom it is served must as soon as practicable—

  6. advise the Director-General of the details of the manner in which the notice is to be complied with; and
    1. give written notice to the Director-General when the recall, and any specified requirement associated with the recall, has been completed.

      1. If a person who owns or has control of animal material or product fails or refuses to comply with a recall notice,—

      2. the Director-General may take such reasonable steps as are necessary to ensure control of the material or product (including entry by animal product officers into premises under a warrant); and
        1. the Director-General may recover the costs and expenses reasonably incurred in assuming control of the material or product as a debt due from that person.

          1. Nothing in this section affects the power of the Director-General to issue a statement of a kind referred to in section 84.