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Animal Products Act 1999

Offences, penalties, and proceedings - Offences

128: Sale of non-complying animal material or product

You could also call this:

"Selling animal products that don't meet the rules is against the law"

If you sell or try to sell animal material or products that do not meet certain rules, you can get in trouble. You must follow the rules in Parts 2 to 5 when selling animal material or products. If you know the material or product does not meet these rules, you are breaking the law.

If you sell or try to sell animal material or products for people or animals to eat, and you know they were not made correctly, you are also breaking the law. This includes material or products that claim to have been made according to Parts 2 to 4 but were not. You will be presumed to have known about this unless you can prove otherwise.

If you break this law, you can get a big fine or even go to prison. A company can be fined up to $500,000, and an individual can be fined up to $100,000 and go to prison for up to 2 years.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35737.

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"Lying or cheating about animal products is against the law"

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129: Presenting non-complying animal material for processing, or

"Don't sell or process animal products that don't meet the rules"

Part 10Offences, penalties, and proceedings
Offences

128Sale of non-complying animal material or product

  1. A person commits an offence who sells or offers for sale, or has in the person's possession for sale,—

  2. any animal material to which any of Parts 2 to 5 apply that, to the person's knowledge, does not or no longer meets any relevant specification under Part 4 or requirement under Part 5, or the requirements of any relevant regulation; or
    1. any animal product to which any of Parts 2 to 5 apply that, to the person's knowledge, has not been processed in accordance with the requirements of Parts 2 to 5 that apply to the product, or is not otherwise fit for intended purpose.

      1. A person commits an offence against this Act who sells or offers for sale, or has in possession for sale, any animal material or animal product for human or animal consumption that purports or is represented to have been produced or processed in accordance with Parts 2 to 4, but that, to the person's knowledge, has not been processed in accordance with those Parts.

      2. Repealed

      3. Where in any proceedings for an offence against this section knowledge on the part of the defendant is an essential element of the offence with which the defendant is charged, that knowledge is to be presumed until the contrary is proved.

      4. A person who commits an offence against this section is liable on conviction—

      5. in the case of a body corporate, to a fine not exceeding $500,000:
        1. in the case of an individual, to imprisonment for a term not exceeding 2 years and a fine not exceeding $100,000.

          Notes
          • Section 128(3): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 128(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).