Poultry Act 1968
Poultry Act 1968
Poultry Act 1968
Poultry Act 1968
Public Act |
1968 No 13 |
|
Date of assent |
31 October 1968 |
|
Contents
An Act to consolidate and amend the Poultry Act 1924 and its amendment
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Poultry Act 1968.
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
“Day-old poultry” means any poultry of an age of seventy-two hours or less:
“Director-General” means the Director-General of Agriculture:
“Disease” means any of the diseases for the time being specified in the First and Second Schedules to this Act:
“Eggs” means poultry eggs intended for human consumption; and includes chilled, frozen, dried, or pulped eggs, and eggs which have been treated in any other manner whatsoever; and, where not inconsistent with the context, also includes albumen or yolk or any other product derived wholly or in part from eggs, and any mixture of such products:
“Hatching-eggs” means poultry eggs which are used, or intended to be used, for the reproduction of poultry:
“Inspector” means any person who has been appointed as an Inspector under section 3 of this Act:
“Minister” means the Minister of Agriculture:
“Owner”, in relation to any premises to which any provision of this Act applies, means the person owning, occupying, using, or in charge of the premises:
“Poultry” means any bird (including domestic fowls, ducks, geese, turkeys, guinea-fowls, pheasants, and pigeons) that is kept or raised for the purpose of sale or of producing eggs, hatching-eggs, or poultry products, or for the purpose of rearing on behalf of another person; and includes the semen or carcass or any part of any such bird:
“Poultry products” means the meat or other parts of poultry; and includes any product produced or derived from poultry, other than eggs and hatching-eggs:
“Premises” includes any area of land, area of water, place, building, structure, ship, aircraft, vehicle, or conveyance:
“Sale” includes barter, delivery by way of sample, or the supply as a meal or part of a meal in any restaurant, hotel, boarding house, or eating house, or in any institution or place used for the accommodation, care, or medical treatment of any person; and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, advertised, or exposed for sale; and “to sell”
has a corresponding meaning:
“To sex”, in relation to any poultry, means to determine its sex; and “sexed”
and “sexer”
have corresponding meanings.
(2)
The Governor-General may from time to time, by Order in Council, amend the First and Second Schedules to this Act—
(a)
By inserting in either Schedule the name or description of any disease:
(b)
By omitting from either Schedule the name or description of any disease—
and every such Order in Council shall have effect according to its tenor.
Compare: 1924, No. 37, ss. 2, 11; 1961, No. 36, ss. 2, 5, 11
Part I Administration
3 Appointment of officers
There shall from time to time be appointed, under the State Services Act 1962, such advisory officers, instructors, graders, Inspectors, and other officers, as may be required for the purposes of this Act.
Compare: 1924, No. 37, s. 3
4 Appointment of temporary or part-time staff
(1)
The Director-General may from time to time appoint such acting or temporary or part-time employees as he thinks necessary for the purposes of this Act, and, subject to any contract of service, may at any time remove any such employee from his employment.
(2)
No person appointed under this section shall be deemed to be employed in the Public Service for the purposes of the State Services Act 1962 by reason only of his being so appointed.
5 Powers of entry of Inspectors
(1)
In addition to any other powers conferred on an Inspector by or under this Act, every Inspector may, for the purposes of this Act, at all reasonable times enter on any premises used, or which he has reason to believe are used or intended to be used, for keeping or producing poultry, eggs, hatching-eggs, or poultry products, or for the processing, grading, handling, packaging, storage, or transport of poultry, eggs, hatching-eggs, or poultry products, for the purpose of sale, and may there inspect the premises and any poultry, eggs, hatching-eggs, poultry products, equipment, or appliance on the premises:
Provided that nothing in this subsection shall authorise an Inspector to inspect any premises or part of any premises that are—
(a)
Used for the wholesale or retail sale of food; and
(b)
For the time being registered under any regulations for the time being in force under the Health Act 1956.
(2)
Nothing in subsection (1) of this section shall empower any Inspector to enter into any dwellinghouse unless he is authorised in that behalf by a warrant under the hand of a Magistrate, who shall not grant such a warrant unless he is satisfied that the Inspector has reasonable grounds for requiring entry into the dwellinghouse.
(3)
Every Inspector who enters on any premises pursuant to subsection (1) of this section shall, if required by the owner of the premises, produce and show to the owner the certificate or written authority which authorises him to act as an Inspector under this Act.
Compare: 1924, No. 37, s. 4
6 Certification and approval of staff
(1)
Without limiting the power to make regulations conferred by section 18 of this Act, regulations may be made under that section prescribing the conditions or requirements (including the requirement of having passed such tests or examinations, whether written, oral, or practical, as may be prescribed) that must be complied with before any person, whether employed in the Public Service or not, may act as a grader of poultry, eggs, hatching-eggs, or poultry products for the purposes of section 12 of this Act, or as a sexer, or in any other capacity authorised under this Act.
(2)
Any regulations made in accordance with subsection (1) of this section may include the requirement that no person shall act in any capacity referred to in that subsection unless he has been authorised in writing, or granted a certificate, by the Director-General, to so act.
(3)
Any certificate or authority granted in accordance with subsection (2) of this section may at any time be revoked by notice in writing to the person to whom it has been granted if the Director-General is satisfied that that person no longer performs the duties in relation to which the certificate or authority has been granted, or has habitually been incompetent or negligent in the performance of his duties.
(4)
No person shall be deemed to be employed in the Public Service for the purposes of the State Services Act 1962, or in the Government service for the purposes of the Superannuation Act 1956, by reason only of being granted a certificate or written authority in accordance with this section.
Part II Live Poultry, Eggs, and Hatching-eggs
7 Premises to be kept in hygienic condition, etc.
(1)
The owner of any premises where live poultry is kept, held, or raised, or where eggs, hatching-eggs, or poultry products are produced, handled, stored, or hatched, shall maintain the premises in a hygienic condition.
(2)
The owner of any premises that are used for the processing, handling, grading, packaging, holding, or storing of eggs intended for sale shall maintain the premises in a hygienic condition.
(3)
The owner of any ship, aircraft, vehicle, or other conveyance, or of any appliance or equipment, that is used for the transport of eggs intended for sale, or of poultry, hatching-eggs, or poultry products, shall maintain the ship, aircraft, vehicle, or other conveyance, or the appliance or equipment, in a hygienic condition at all times when so in use:
Provided that this subsection shall not apply to any vehicle, conveyance, appliance, or equipment used by a retailer for delivering eggs to a customer.
(4)
The owner of any premises shall, in addition to complying with subsections (1), (2), and (3) of this section, use hygienic methods, appliances, and equipment in, on, or about the premises.
(5)
Where an owner is required to maintain any premises in a hygienic condition, or to use hygienic methods, appliances, and equipment, he shall do so to the satisfaction of an Inspector, or, if standards of hygiene are prescribed, in accordance with the prescribed standards.
(6)
Nothing in this section shall apply to any premises that are—
(a)
Used for the wholesale or retail sale of food; and
(b)
For the time being registered under any regulations for the time being in force under the Health Act 1956.
Compare: 1924, No. 37, ss. 5, 5a; 1961, No. 36, s. 3
8 Defects in hygiene to be remedied
An Inspector may, by notice in writing, require the owner of any premises or appliance or equipment to which any provision of section 7 of this Act applies to remedy, within such time as may be specified in the notice, any specified breach of that section, and to remove from the premises any poultry, eggs, hatching-eggs, or poultry products until the breach has been remedied to the satisfaction of an Inspector.
Compare: 1924, No. 37, s. 5
9 Control of poultry diseases
(1)
Every owner who discovers or suspects the occurrence, among poultry on his premises, of any disease specified in the First Schedule to this Act shall—
(a)
Report the occurrence or suspected occurrence to an Inspector or to an office of the Department of Agriculture within twenty-four hours; and
(b)
Ensure that no poultry or hatching-eggs or poultry products are removed from the premises until all poultry on the premises has been inspected by an Inspector; and
(c)
Ensure that, until the poultry has been so inspected, the diseased or supposedly diseased poultry is isolated, as far as practicable, from other poultry.
(2)
Every report received at an office of the Department of Agriculture under paragraph (a) of subsection (1) of this section shall forthwith be forwarded to an Inspector.
(3)
Every Inspector on receiving such a report from an owner of poultry or from an office of the Department of Agriculture shall, as soon as practicable, inspect the poultry to which the report relates.
(4)
Where an Inspector finds that any poultry on any premises is affected or infected with any of the diseases specified in the First Schedule or the Second Schedule to this Act he may, by notice in writing, direct the owner of the premises to comply with all or any of the following requirements:
(a)
To destroy or otherwise dispose of, in the manner and within such period as may be specified in the notice, the diseased poultry and any other poultry on the premises where the diseased poultry is kept:
(b)
To isolate forthwith all poultry that is diseased, or that the Inspector has reason to suspect is diseased, from all other poultry, as far as practicable:
(c)
To ensure that, for a period specified in the notice, no poultry is removed from the premises where the diseased poultry was kept except with the written permission of an Inspector:
(d)
To take forthwith such other steps for the prevention of the spread of the disease as may be specified in the notice.
(5)
Where an Inspector has cause to believe or suspect that any poultry may be infected with any of the diseases specified in the First Schedule or the Second Schedule to this Act he may, by notice in writing, direct the owner of the premises on which the poultry is situated to comply with all or any of the requirements referred to in paragraphs (b), (c), and (d) of subsection (4) of this section.
(6)
If any owner fails or omits to do any thing which he has been directed to do in accordance with subsection (4) or subsection (5) of this section, an Inspector may enter the premises and himself do that thing at the expense of the owner, whether or not he has given notice to the owner of his intention to do so:
Provided that the owner shall not thereby be relieved from any liability that he may have incurred under this Act by reason of his failure or omission.
(7)
The amount of any expenses incurred by an Inspector under subsection (6) of this section may be recovered from the owner as a debt due by him to the Crown.
Compare: 1924, No. 37, s. 7; 1961, No. 36, s. 4
10 Compensation for poultry destroyed
Where any poultry found to be affected or infected with any of the diseases specified in the Third Schedule to this Act has been destroyed pursuant to subsection (4) of section 9 of this Act, compensation shall be payable in accordance with section 42 of the Animals Act 1967 as if the poultry had been seized and slaughtered pursuant to regulations for the time being in force under Part III of that Act, and all the provisions of that Act relating to the payment of compensation in respect of the diseases specified in the First Schedule thereto shall apply accordingly.
11 Accrediting of poultry flocks in respect of freedom from disease
(1)
The Director-General may from time to time provide for the accrediting of poultry flocks in respect of freedom, either wholly or to such extent as may be specified, from any disease.
(2)
Where a poultry flock has been so accredited, every person commits an offence against this Act who, in respect of any poultry or hatching-eggs that have been produced or derived from that flock and that he is offering for sale, makes any representation that is inconsistent with the terms of the accrediting.
(3)
Where a poultry flock has not been so accredited, every person commits an offence against this Act who, in respect of any poultry or hatching-eggs that have been produced or derived from that flock and that he is offering for sale, makes any representation to the effect that the flock has been so accredited or that the flock or the poultry or hatching-eggs are free, either wholly or in part, from disease.
(4)
The costs of conducting any test for disease for the purposes of this section may be recovered from the owner of the poultry tested as a debt due by him to the Crown.
(5)
No person shall carry out any such test unless he has been authorised to carry it out in accordance with section 6 of this Act.
Compare: 1924, No. 37, s. 7a; 1961, No. 36, s. 5
Part III Grades and Standards
12 Grades and standards
(1)
No person shall—
(a)
Sell any poultry, eggs, hatching-eggs, or poultry products under any grade name, or which purport to comply with any standard, established by any regulations for the time being in force under this Act, or under a grade name or other designation or description which so closely resembles a grade name or standard so established that it is calculated or likely to be mistaken therefor; or
(b)
Mark or label any poultry, eggs, hatching-eggs, or poultry products, or any package or container containing poultry, eggs, hatching-eggs, or poultry products, with a grade name or description of a standard established by any regulations for the time being in force under this Act, or with a grade name or other description which so closely resembles a grade name or standard description so established that it is calculated or likely to be mistaken therefor,—
unless the poultry, eggs, hatching-eggs, or poultry products meet the requirements so established for the grade or standard, and have been inspected, graded, marked, and packed in accordance with the requirements of any regulations for the time being in force under this Act.
(2)
All poultry, eggs, hatching-eggs, or poultry products that are to be classified by, marked or labelled with, or have applied to them, any grade or standard established by any regulations for the time being in force under this Act shall first be graded by, or under the supervision of, a grader who has been authorised to grade the poultry or eggs or hatching-eggs or poultry products, as the case may be, in accordance with section 6 of this Act.
Part IV Miscellaneous Provisions
13 Sale of diseased or defective poultry, eggs, hatching-eggs, or poultry products
(1)
No person shall sell, for human consumption, any poultry that he knows to be, or that shows visible evidence of being, defective, or that he knows is suffering, or that shows visible evidence of suffering, from any disease within the meaning of this Act:
Provided that this subsection shall not apply in any case where the disease or defect does not render the poultry unfit for human consumption.
(2)
No person shall sell for human consumption any eggs or poultry products that he knows to be, or that show visible evidence of being, unfit for human consumption, whether by reason of their being diseased or for any other reason whatsoever.
(3)
No person shall sell any poultry, hatching-eggs, or poultry products that he knows to be, or that show visible evidence of being, diseased or defective if the disease or defect would render the poultry, hatching-eggs, or poultry products unfit for the purpose for which they are sold.
(4)
In any prosecution for an offence against this section it shall be for the defendant to prove that any poultry, eggs, or poultry products, as the case may be, are not intended to be sold, or have not been sold, for human consumption, where that fact is in issue.
Compare: 1924, No. 37, s. 8; 1961, No. 36, s. 6
14 Sale of sexed poultry
No person shall represent that any day-old poultry that he is offering for sale has been sexed, unless the poultry has been sexed by a person who has been authorised to act as a sexer in accordance with section 6 of this Act.
15 Storage of perishable poultry products
(1)
The owner of any premises used for the holding or storage of poultry, eggs, or poultry products shall hold or store them on the premises under such conditions as will adequately preserve and maintain their physical properties or, if requirements as to the conditions under which they are to be held or stored are prescribed, in accordance with the prescribed requirements.
(2)
Nothing in this section shall limit or affect any provision of the Meat Act 1964 or of any regulations for the time being in force under that Act relating to cool storage or refrigeration of meat.
16 Offences and penalties
(1)
Every person commits an offence against this Act who—
(a)
Hinders or obstructs any Inspector; or
(b)
Fails to comply with the lawful requirements of, refuses to supply any information lawfully required by, or knowingly supplies false or misleading information to, any Inspector or other authorised person while the Inspector or authorised person is exercising or performing his powers, duties, and functions under this Act; or
(c)
Acts in contravention of or fails to comply in any respect with any provision of this Act or of any regulations for the time being in force under this Act.
(2)
Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section shall be liable on summary conviction to a fine not exceeding two hundred dollars and, if the offence is a continuing one, to a further fine not exceeding ten dollars for every day or part of a day during which the offence has continued.
(3)
For the purposes of this section, the continued existence of anything in a state contrary to any provision of this Act or of any regulations for the time being in force under this Act shall be deemed to be a continuing offence.
Compare: 1924, No. 37, s. 10; 1961, No. 36, s. 8
17 Persons acting pursuant to Act not personally liable
Neither the Minister, nor the Director-General, nor any person appointed under section 3 or section 4 of this Act, nor any other person authorised to act in any capacity in accordance with section 6 of this Act, shall be personally liable for any act done or default made by him in good faith in the course of the exercise or performance of his powers, duties, or functions under this Act.
18 Regulations
(1)
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a)
Prescribing the requirements and conditions that must be complied with in relation to the hygiene of—
(i)
Premises where live poultry is kept, held, or raised:
(ii)
Premises where hatching-eggs are produced, handled, stored, or incubated:
(iii)
Premises (other than premises that are used for the wholesale or retail sale of food and that are for the time being registered under any regulations for the time being in force under the Health Act 1956) where eggs or poultry products intended for sale are handled, processed, graded, canned, packaged, held, or stored:
(b)
Prescribing the requirements and conditions that must be complied with in relation to the hygiene of any ship, aircraft, vehicle, or other conveyance, or any appliance or equipment, used for the transport of eggs or poultry products intended for sale for human consumption, or of poultry or hatching-eggs:
(c)
Regulating, controlling, or prohibiting the administration of drugs or harmful substances to poultry:
(d)
Regulating, controlling, or prohibiting the application of chemicals or drugs to eggs or poultry products intended for human consumption:
(e)
Prescribing the conditions under which poultry, eggs, and poultry products are to be kept (including cool storage and refrigeration) while they are being held, handled, stored, graded, processed, packaged, and transported:
(f)
Providing for the inspection of premises to which this Act, or any regulations for the time being in force under this Act, apply, and the inspection of poultry, eggs, poultry products, hatching-eggs, and any processes or practices being carried on in any such premises:
(g)
Providing for the accrediting of poultry flocks in respect of freedom, either wholly or in part, from disease and prescribing the terms and conditions under which poultry flocks will be so accredited:
(h)
Providing for poultry-disease control programmes, and regulating the conditions under which such programmes are to be implemented, and their method of conduct:
(i)
Establishing grades and standards for poultry, eggs, hatching-eggs, and poultry products, and the conditions under which such grades and standards are to be used:
(j)
Providing for specifications of packages in which poultry, eggs, hatching-eggs, and poultry products are to be packed, and the manner in which they are to be packed and marked as a condition precedent to the application or use of the name of a grade or standard in respect of the poultry, eggs, hatching-eggs, or poultry products:
(k)
Providing for the processing, grading, branding, marking, packaging, storing, and handling of poultry, eggs, hatching-eggs, and poultry products intended for sale:
(l)
Providing for the certification of poultry, eggs, hatching-eggs, and poultry products intended for export:
(m)
Prescribing returns to be made by owners of premises to which this Act applies, and providing for the supply by such owners of such other information as may be required by the Director-General for the purposes of this Act:
(n)
Prescribing the fees to be payable in respect of any matter for the purposes of this Act, and prescribing circumstances in which such fees may be refunded or remitted in whole or in part:
(o)
Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2)
Any regulations made under this section may apply generally throughout New Zealand or may be made to apply only within such area or areas as may be defined in the regulations in that behalf.
(3)
Any regulations made under this section may be made to apply only to poultry, eggs, hatching-eggs, or poultry products intended for export or only to poultry, eggs, hatching-eggs, or poultry products intended for consumption or use in New Zealand; and the operation of any such regulations, so far as they are applicable to poultry, eggs, hatching-eggs, or poultry products intended for consumption or use in New Zealand, may, if so provided in the regulations, be suspended, in whole or in part, by the Minister by notice in the Gazette, in respect of such poultry, eggs, hatching-eggs, or poultry products or premises or parts of premises, or in respect of such class or classes of poultry, eggs, hatching-eggs, or poultry-products or premises, as may be specified in the notice.
Compare: 1924, No. 37, s. 12; 1961, No. 36, s. 10
19 Other Acts not affected
Nothing in this Act shall limit or affect the provisions of the Food and Drugs Act 1947, the Health Act 1956, the Meat Act 1964, or the Animals Act 1967.
20 Repeals and revocation
(1)
The following enactments are hereby repealed:
(a)
The Poultry Act 1924:
(b)
The Poultry Amendment Act 1961.
(2)
The Poultry Regulations 1941 are hereby revoked.
SCHEDULES
FIRST SCHEDULE Notifiable Diseases Affecting Poultry
Sections 2, 9
Acute Fowl Cholera
Acute Infectious Laryngotracheitis (I.L.T.)
Avian Tuberculosis
Fowl Plague
Fowl Tick Fever
Infectious Bronchitis
Newcastle Disease
Pullorum Disease.
Psittacosis
Salmonellosis (paratyphoid)
SECOND SCHEDULE Non-notifiable Diseases Affecting Poultry
Sections 2, 9
Avian Encephalomyelitis
Avian Leucosis Complex
Blackhead
Chronic Respiratory Disease (C.R.D.)
Coccidiosis
Erysipelas infection of Turkeys
Fowl Pox
Fowl Typhoid
Infectious Sinusitis (Turkeys)
Omphalitis (Navel infection)
THIRD SCHEDULE Diseases in Respect of Which Compensation is Payable Where Poultry Ordered to be Destroyed
Sections 10
Acute Fowl Cholera
Acute Infectious Laryngotracheitis (I.L.T.)
Fowl Plague
Newcastle Disease
This Act is administered in the Department of Agriculture.