90Power to condemn and require disposal of animal products that are diseased, contaminated, etc

1. An animal product officer may condemn, and require the owner or person in control to destroy, dispose of, or otherwise rectify,—

2. any animal product which in the opinion of the officer, reasonably formed in the light of any relevant animal product standards and any supplementary notices, is not fit for intended purpose:
3. any animal material, or other input, substance, or thing which in the reasonable opinion of the officer has contributed to, or may have contributed to, any animal product not being fit for intended purpose:
4. any animal material or animal product which in the opinion of the officer, reasonably formed in the light of any relevant animal product standards and any supplementary notices, is contaminated or diseased or otherwise not in compliance with this Act.

5. An animal product officer may seize and detain, and if necessary dispose of or arrange for the disposal of or otherwise rectify,—

6. any product, material, input, substance, or thing of a kind referred to in subsection (1)(a) to (c):
7. any animal material or animal product which appears to the officer, after making such enquiries as are reasonable in the circumstances, to have been abandoned or to have no apparent or readily identifiable owner.

8. An animal product officer may require the reclassification of any animal product of a kind referred to in subsection (1)(a), if satisfied that the product meets the requirements of the reclassification, and may require the owner or person in control of the product to either—

9. take all appropriate steps to give effect to the reclassification; or
10. destroy or otherwise dispose of or rectify the product to the satisfaction of the officer, if the owner or person does not take those appropriate steps.

11. For the purposes of subsection (1), where—

12. a random sample of any animal material or product has been taken and tested or examined; and
13. an animal product officer has formed the opinion that, for any reason, the particular animal material or product sampled is not fit for intended purpose, or is contaminated, diseased, or otherwise not in compliance with this Act; and
14. the officer has also formed the opinion that any other animal material or product is likely to be unfit for intended purpose or is contaminated, diseased, or otherwise not in compliance with this Act, for a similar reason, by reason of—
    1. having probably come from the same place as the animal material or product sampled; or
    2. having probably been raised, treated, exposed, transported, killed, dressed, processed, stored, or otherwise dealt with in the same way as the animal material or product sampled,—
the officer is entitled, without sampling and testing or examining the other animal material or product, to form that opinion in respect of that other animal material or product.

15. Where a sample of animal material or product is found to be contaminated, diseased, or otherwise not in compliance with this Act then, in the absence of proof to the contrary, it is to be presumed that the live animal concerned was similarly contaminated or diseased or otherwise not in compliance with this Act.

16. Any destruction, disposal, or rectification required under subsection (1) is at the cost of the owner or person in control, and any expenses reasonably incurred by an officer in the exercise of his or her powers under subsection (2) or subsection (2A) may be recovered from that owner or person.

Notes

• Section 90(1)(a): amended, on 2 March 2018, by section 132 of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 90(1)(c): amended, on 2 March 2018, by section 132 of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 90(2A): inserted, on 26 September 2002, by section 38(1) of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 90(5): amended, on 26 September 2002, by section 38(2) of the Animal Products Amendment Act 2002 (2002 No 29).