Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019
Reprint as at 20 December 2019
Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019
(LI 2019/124)
Patsy Reddy, Governor-General
Order in Council
At Wellington this 27th day of May 2019
Present:
Her Excellency the Governor-General in Council
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Ministry for Primary Industries.
These regulations are made under sections 117, 118, 121, and 166 of the Animal Products Act 1999—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for Food Safety after being satisfied that the requirements of sections 113 and 115 of that Act have been met.
Contents
Regulations
1 Title
These regulations are the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019.
2 Commencement
These regulations come into force on 1 July 2019.
Regulations: confirmed, on 20 December 2019, by section 8(b) of the Subordinate Legislation Confirmation Act 2019 (2019 No 82).
3 Principal regulations
These regulations amend the Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015 (the principal regulations).
4 Regulation 3 amended (Interpretation)
(1)
In regulation 3, definition of large exporter, replace “636 000 kg”
with “466,000 kg”
.
(2)
In regulation 3, definition of large processor, replace “491 000 kg”
with “151,000 kg”
.
(3)
In regulation 3, revoke the definition of medium processor.
(4)
In regulation 3, definition of small exporter, replace “636 000 kg”
with “466,000 kg”
.
(5)
In regulation 3, definition of small processor, paragraph (b), replace “16 500 kg”
with “151,000 kg”
.
5 Regulation 7 amended (Provisions relating to large processors)
In regulation 7(3), replace “medium”
with “small”
.
6 Regulation 8 amended (Effect of change in collection volume, entering market, or change of business owner)
Replace regulation 8(1), (2), and (3) with:
(1)
This regulation applies if, during a financial year,—
(a)
a small processor’s collection of milksolids makes the processor a large processor; or
(b)
a large processor’s collection of milksolids makes the processor a small processor; or
(c)
a person becomes a dairy processor of dairy material that is not RCS raw milk.
(2)
A processor to whom this regulation applies must pay the levy for a small or large processor, as the case may be, until the Director-General next determines each large processor’s milksolids collection for the previous financial year and the total milksolids collected for the previous financial year from large processors.
(3)
For the purposes of subclause (2),—
(a)
a small processor who becomes a large processor is liable to pay the levy for a small processor:
(b)
a large processor who becomes a small processor is liable to pay the levy for a large processor:
(c)
a person to whom subclause (1)(c) applies is liable to pay the levy for a small processor.
7 Regulation 9 amended (Director-General may require information for purpose of calculating levies)
In regulation 9(1), (2), and (3), delete “a medium processor or”
.
8 Schedule amended
(2)
In the Schedule, Part 2, table,—
(a)
item (a), in the second column, replace “155.00”
with “135.00”
; and
(b)
item (b), in the second column, replace “38.75”
with “33.75”
.
(3)
In the Schedule, Part 7, table, replace item 2, relating to circuit charge, with:
| 2 | Circuit charge | ||||
| Hourly charges for verifiers | |||||
(for all verification activities) |
|||||
| Verifier— | |||||
| (a) | non-penal rates— | ||||
| per hour | $176.00 | ||||
| per hour at 1½ time | $264.00 | ||||
| per hour at double time | $352.00 | ||||
| (b) | penal rates | the relevant rate specified in paragraph (a), plus an additional rate of— (i)$88.00 per hour per verifier for penal time worked at penal rate 0.5 (ii)$176.00 per hour per verifier for penal time worked at penal rate 1.0 (iii)$352.00 per hour per verifier for penal time worked at penal rate 2.0 |
|||
Schedule Part 1 of Schedule replaced
Part 1 Fixed fees, charges, and levies
| Service area | Fee, charge, or levy* | When fee, charge, or levy payable and by whom | ||
|---|---|---|---|---|
| Standards setting, compliance, and monitoring | ||||
| Development and maintenance of New Zealand standards, performance monitoring, and dairy residue monitoring | L = [(TCMPI Annual × MS last) ÷ MStotal last] where—
In the items above, year means a 1 July to 30 June year. |
Payable by large processors in equal instalments on 30 September, 31 December, 31 March, and 30 June each year | ||
| $400 | Payable by small processors on 30 September each year | |||
| Development and maintenance of New Zealand standards relating to RCS raw milk, and performance monitoring and dairy residue monitoring in relation to RCS raw milk | $581.25 | Payable by registered farm dairy operators on 30 September each year | ||
| Development and maintenance of market access standards and programme and export standards | L = [(ETCMPI Annual × EM last) ÷ EMTotal last] where—
In the items above, year means a 1 July to 30 June year. |
Payable by large exporters in equal instalments on 30 September, 31 December, 31 March, and 30 June each year, who export dairy products that fall within any of the following Customs tariff codes: (a)all codes under 04.01 milk and cream, not concentrated nor containing added sugar or other sweetening matter: (b)all codes under 04.02 milk and cream, concentrated or containing added sugar or other sweetening matter: (c)all codes under 04.03 buttermilk, curdled milk and cream, yogurt, kephir, and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts, or cocoa: (d)all codes under 04.04 whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included: |
||
(e)all codes under 04.05 butter and other fats and oils derived from milk; dairy spreads: (f)all codes under 04.06 cheese and curd: (g)35.01 casein, caseinates, and other casein derivatives; casein glues: (h)3502.20.00 00C: milk albumin, including concentrates of two or more whey proteins: |
||||
(i)21.05 ice cream and other edible ice, whether or not containing cocoa: (j)1901.10.09 00C and 1901.90.09 28B: these codes cover infant formula, follow on formula and supplementary food for young children and adult nutritional powders: (k)1702.11.00 00F: containing by weight 99% or more lactose, expressed as anhydrous lactose, calculated on the dry matter: (l)1702.19.00 00B: containing by weight 99% or more lactose, expressed as anhydrous lactose, calculated on the dry matter and Other: (m)2106.10.09 00J: protein concentrates and textured protein substances – Other (non-vegetable protein). |
||||
| $200 | Payable by small exporters on 30 September each year | |||
| Approvals | ||||
| Application for, assessment of, and approval or renewal of registration of person as a registered farm dairy operator or registered depot operator under the regulated control scheme imposed by the Raw Milk for Sale to Consumers Regulations 2015 | $135 per application | Applicant | ||
| Application for, evaluation of, and approval or variation of risk management programmes and quota compliance programmes | $135 per application | Applicant | ||
| Application for, evaluation of, and approval or variation of approval of laboratories | $135 per application | Applicant | ||
| Application for, evaluation of, and approval or variation of codes of practice | $135 per application | Applicant | ||
| Application for, evaluation of, and recognition, variation, or renewal of agency or person as recognised agency or recognised person under Part 8 of the Act | $135 per application | Applicant | ||
| Application for agreement to minor amendments of risk management programme | $67.50 per application | Applicant | ||
| Market access functions | ||||
| Application for market access functions | $135 per application plus assessment charge on hourly basis after the first hour as specified in Part 2 |
Applicant | ||
| Compliance and monitoring | ||||
| Verification inspection and audits | $135 plus assessment charge on hourly basis after the first hour as specified in Part 2 |
Payable by occupier of the premises subject to verification inspection and audits | ||
| Application for product disposition | $135 per application | Applicant | ||
| Official assurances | ||||
| Issue of official assurance under section 61 of the Act | $33.75 per application plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2 |
Applicant | ||
| Reissue of official assurance under section 64(2) of the Act if replacement assurance demanded by importing country | $405 per replacement certificate plus assessment charge on hourly basis after the first 3 hours as specified in Part 2 |
Applicant | ||
| Exporter registration | ||||
| Application for registration or renewal of registration | $135 per application | Applicant | ||
| Performance of functions, powers, or duties not elsewhere provided for | ||||
Performance or exercise of a function, power, or duty that—
|
$67.50 plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2 |
The person whose actions resulted in the function, power, or duty being required to be performed or exercised | ||
| Maintenance compounds | ||||
| Application for approval of any maintenance compounds that is required to be undertaken under the Act, including under any regulations or notices | $67.50 per application | Applicant | ||
| Infant formula | ||||
| Issue of exporter declaration for infant formula product or formulated supplementary food for young children (within the meaning of those terms in clause 1.2(1) of the Animal Products Notice: Export Requirements for Infant Formula Products and Formulated Supplementary Foods for Young Children (1 February 2016)) | $33.75 per declaration plus assessment charge on hourly basis after the first 15 minutes as specified in Part 2 |
Payable by the exporter within 1 month of issue of the invoice | ||
| Stand-alone animal product storage premises | ||||
Development and maintenance of standards that apply to premises that—
|
$207.30 per premises | Payable by the operator of the premises on 30 September each year | ||
| *Fee, charge, or levy exclusive of any applicable costs payable under Parts 3 and 4 | ||||
Michael Webster,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 July 2019, amend the Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015 (the principal regulations). The amendments—
replace the weight thresholds in the definitions of large exporter, large processor, small exporter, and small processor; and
remove the category of medium processor from the principal regulations; and
prescribe new fees, charges, and levies, set out in new Part 1 of the Schedule of the principal regulations; and
prescribe new assessment charges in relation to the services described in Part 2 of the Schedule of the principal regulations; and
prescribe new hourly charges for verifiers in relation to circuit charges in Part 7 of the Schedule of the principal regulations.
These regulations are a confirmable instrument under section 47B of the Legislation Act 2012. They are revoked at the close of 30 June 2020, unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(a) of that Act.
Date of notification in Gazette: 30 May 2019.
Reprints notes
1 General
This is a reprint of the Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Subordinate Legislation Confirmation Act 2019 (2019 No 82): section 8(b)