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Animal Products Act 1999

Officers, powers, etc - Powers of official assessors

93: Powers of official assessors

You could also call this:

"What official assessors can do to check animal products"

When you are an official assessor, you have certain powers to check if animal material or products meet the requirements of the Animal Products Act 1999. You can take and test animal material or products to see if they comply. You also have the same powers as an animal product officer, which are described in section 89 and section 90(1) and (3).

If you use your powers to condemn animal material or products, the owner or person in control has to pay for their destruction, disposal, or rectification, as stated in section 90(1). You must do your best to follow any performance standards or requirements set by the regulations or the Director-General, as outlined in section 167(1).

You must also follow any lawful directions given by the Director-General, as stated in section 81, when you are performing your powers and functions as an official assessor.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35237.

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Part 7Officers, powers, etc
Powers of official assessors

93Powers of official assessors

  1. An official assessor may, for the purpose of determining whether or not any animal material or product, or any animal product business operation, complies with the requirements of this Act, exercise any of the following powers:

  2. the power to take, test, and examine any animal material or animal product or associated thing:
    1. the powers of an animal product officer under section 89 (power to interrupt or restrict or prohibit operations, and associated power of direction):
      1. the powers of an animal product officer under section 90(1) and (3) (power to condemn animal material or product and require or carry out its destruction, disposal, or rectification).

        1. Any destruction, disposal, or rectification required by the exercise of the powers described in section 90(1) is at the cost of the owner or person in control of the relevant animal material or product or thing.

        2. Every official assessor must, in the performance of his or her powers and functions,—

        3. use his or her best endeavours to comply with and give effect to any relevant performance standards or other requirements prescribed by the regulations or any supplementary notice or by the Director-General by notice under section 167(1); and
          1. comply with any lawful direction given by the Director-General under section 81.

            Notes
            • Section 93(3)(a): amended, on , by section 134 of the Food Safety Law Reform Act 2018 (2018 No 3).