Animal Products Act 1999

Officers, powers, etc - Powers of animal product officers

86A: Power to issue improvement notice

You could also call this:

"When to get a notice to fix a problem with animal products"

If you are not following the rules under the Animal Products Act 1999, an animal product officer can give you an improvement notice. The officer must believe you are not doing what you are supposed to do. The notice will tell you what you are doing wrong, why the officer thinks that, and what you need to do to fix it.

The notice will also tell you by when you need to fix the problem and that you have the right to ask for a review of the decision under section 86B. You must do what the notice says, unless the officer agrees to give you more time.

The officer can cancel the notice, but they can also give it to you again if you are still not doing what you are supposed to do. The notice must be given to you in a certain way, as stated in section 165.

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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=LMS19049.


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86: Delegation by Director-General, or

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


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86B: Review of improvement notice, or

"Checking if an improvement notice is fair"

Part 7Officers, powers, etc
Powers of animal product officers

86A Power to issue improvement notice

  1. An animal product officer may issue an improvement notice to any person if the officer reasonably believes that the person is failing, or has failed, to comply with 1 or more requirements imposed by or under this Act.

  2. An improvement notice must state—

  3. the requirement that the officer reasonably believes the person is failing, or has failed, to comply with; and
    1. the reasons for the officer's reasonable belief; and
      1. the nature and extent of the failure to comply with the requirement; and
        1. the date by which the person must comply with the requirement; and
          1. the person's right, under section 86B, to seek a review of the decision to issue the improvement notice.
            1. An animal product officer may, by written notice, withdraw an improvement notice, but may reissue it if subsection (1) applies.

            2. An improvement notice must be served in accordance with section 165.

            3. A person to whom an improvement notice is issued must comply with the notice, subject to any extension of the date by which the person must comply with the applicable requirement that the animal product officer may grant on the person’s request.

            Notes
            • Section 86A: inserted, on , by section 131 of the Food Safety Law Reform Act 2018 (2018 No 3).