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Animal Products Act 1999

Risk management programmes - Relationship between Food Act regime and risk management programmes

34A: Regulations may grant or provide for exemptions from this Act or Food Act 2014

You could also call this:

"Some rules can let people not follow parts of the Animal Products Act or Food Act if it's fair and necessary."

The Governor-General can make rules that let people not follow some parts of the Animal Products Act 1999 or the Food Act 2014. You need to know that the Minister must agree to these rules first. The Minister will only agree if the rules do not make things too easy or too hard for people.

The Minister must be satisfied that the rules are necessary to avoid doing the same thing twice under the Animal Products Act 1999 and the Food Act 2014. You should look at the rules to see if they are fair. The rules must not be too broad.

If the rules let people not follow some parts of the Animal Products Act 1999 or the Food Act 2014, they must say so. You can find more information about these rules in Part 3 of the Legislation Act 2019. The rules must be published so you can see them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS18315.

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Part 2Risk management programmes
Relationship between Food Act regime and risk management programmes

34ARegulations may grant or provide for exemptions from this Act or Food Act 2014

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations exempting, or providing for the exemption of, persons from specified requirements imposed by or under this Act or the Food Act 2014.

  2. The Minister may not recommend the making under subsection (1) of regulations that grant an exemption unless satisfied that—

  3. granting the exemption is necessary or desirable in the interests of avoiding unnecessary or undesirable duplication of equivalent duties or matters under this Act and the Food Act 2014; and
    1. the extent of the exemption is not broader than is reasonably necessary for that purpose.

      1. The Minister may not recommend the making under subsection (1) of regulations that provide for exemptions to be granted unless satisfied that the regulations permit an exemption to be granted only if—

      2. granting the exemption is necessary or desirable in the interests of avoiding unnecessary or undesirable duplication of equivalent duties or matters under this Act and the Food Act 2014; and
        1. the extent of the exemption is not broader than is reasonably necessary for that purpose.

          1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          2. If the regulations provide for the granting of exemptions under this section,—

          3. the instrument granting an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
            1. the regulations must contain a statement to that effect.

              Notes
              • Section 34A: inserted, on , by section 87 of the Food Safety Law Reform Act 2018 (2018 No 3).
              • Section 34A(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 34A(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).