Animal Products Amendment Regulations 2022
2022/252
Animal Products Amendment Regulations 2022
Rt Hon Dame Helen Winkelmann, Administrator of the Government
Order in Council
At Wellington this 5th day of September 2022
Present:
Her Excellency the Administrator of the Government in Council
These regulations are made under sections 15, 40, 44, 77C, 77F, 77H, 117, 166, and 166A 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 given in accordance with sections 15(3), 40(2) and (3), 44(7), 117(5), and 163 of that Act.
Contents
Regulations
1 Title
These regulations are the Animal Products Amendment Regulations 2022.
2 Commencement
(1)
These regulations, except regulation 20(2), come into force on 6 October 2022.
(2)
Regulation 20(2) comes into force on 1 November 2023.
3 Principal regulations
These regulations amend the Animal Products Regulations 2021.
Amendments to principal regulations
4 Regulation 3 amended (Interpretation)
In regulation 3, insert in their appropriate alphabetical order:
breeder chicken means a sexually mature chicken that is produced for breeding
broiler (meat) chicken means a chicken that is—
(a)
produced for its meat; and
(b)
farmed from when it is a day-old chick until it is supplied for primary processing
chicken means a member of the species Gallus gallus domesticus
chicken producer has the meaning given in regulation 3A
day-old chick means a chicken that is less than 72 hours old and not yet fed
layer chicken means a chicken that produces non-fertile eggs for primary processing
production area means a place in which discrete populations of chickens or fertile eggs are produced
rearer laying chicken means a chicken that is—
(a)
produced to become a layer chicken or a breeder chicken; and
(b)
farmed from when it is a day-old chick until it reaches sexual maturity
5 New regulation 3A inserted (Meaning of chicken producer)
After regulation 3, insert:
3A Meaning of chicken producer
(1)
In these regulations, unless the context otherwise requires, chicken producer means a person who produces 1 or more of the following:
(a)
breeder chickens:
(b)
broiler (meat) chickens:
(c)
day-old chicks:
(d)
fertile eggs:
(e)
layer chickens:
(f)
rearer laying chickens.
(2)
However, subclause (1) does not include a person who—
(a)
farms 100 chickens or fewer; and
(b)
sells chickens or fertile eggs direct to the consumer or end user.
6 New regulation 40A inserted (Chicken producers required to operate under registered risk management programme)
After regulation 40, insert:
40A Chicken producers required to operate under registered risk management programme
(1)
A chicken producer must operate under a registered risk management programme.
(2)
A reference in this Part to the processing of animal material includes, with the necessary modifications, the production of animal material by an operator of a risk management programme who is a chicken producer.
7 Regulation 55 amended (Protecting against contamination by people)
In regulation 55(6), replace “personal hygiene”
with “people”
.
8 Regulation 62 amended (General testing)
After regulation 62(1), insert:
(1A)
The operator of a risk management programme who is a chicken producer must also ensure that anything in the environment at the operator’s premises or place is examined, sampled, and tested where necessary to ensure the suitability of the animal material for production.
9 Regulation 65 amended (Notices for examination, sampling, and testing)
Replace regulation 65(i) with:
(i)
any particular actions (for example, any further sampling, testing, and examination and any additional reporting) that must be taken to manage and minimise risks to human and animal health, or risks to the suitability of animal material for production, that are identified as a result of examination, sampling, and testing.
10 New subpart 9 of Part 2 inserted
After regulation 71, insert:
Subpart 9—Good operating practices for chicken producers
71A Application of Part 2 to chicken producers
(1)
This Part, except for the regulations specified in subclause (2), applies to an operator of a risk management programme who is a chicken producer and the animal material produced by the operator, with the following modifications:
(a)
the suitability of animal material for processing includes the suitability of animal material for production:
(b)
the processing environment includes the production area.
(2)
Regulations 56 to 61 do not apply to an operator of a risk management programme who is a chicken producer or to the animal material produced by the operator.
(3)
Regulations 71B to 71E do not limit other regulations in this Part.
71B Feed management by chicken producer
(1)
An operator of a risk management programme who is a chicken producer must ensure that feed that is produced by the operator or received from a supplier—
(a)
is fit for purpose; and
(b)
does not contaminate a production area, an area associated with a production area, or equipment; and
(c)
is stored in a manner that minimises the risk of contamination of feed, a production area, and equipment.
(2)
Supplementary notices may specify detailed requirements relating to feed management by chicken producers.
71C Cleaning and sanitising vehicles
(1)
An operator of a risk management programme who is a chicken producer must ensure that any vehicle entering the place is managed in a way that minimises the risk of contamination of animal material and a production area.
(2)
Supplementary notices may specify detailed requirements relating to managing the risk of contamination of animal material and a production area by vehicles.
71D Cleaning and sanitising equipment and production area
(1)
An operator of a risk management programme who is a chicken producer must ensure that equipment and a production area are cleaned and sanitised to manage the risk of contamination of animal material.
(2)
Supplementary notices may specify detailed requirements relating to cleaning and sanitising of equipment and a production area to manage the risk of contamination of animal material.
71E Minimising contamination by animals and animal material
(1)
An operator of a risk management programme who is a chicken producer must manage the risk of contamination of animal material by animals and animal material in a production area.
(2)
An operator of a risk management programme who is a chicken producer must manage the risk of contamination related to the movement of animals and animal material within and between production areas at the operator’s premises or place.
(3)
Supplementary notices may specify detailed requirements to manage the risk of contamination—
(a)
of animal material by animals and animal material in a production area:
(b)
related to the movement of animals and animal material within and between production areas at an operator’s premises or place.
11 Regulation 159 amended (Outline of this subpart)
In regulation 159(b)(i), replace “sampling of animal material or animal product”
with “sampling of animal material, animal product, or anything in the environment”
.
12 Regulation 160 amended (Application of this subpart)
Replace regulation 160(a) with:
(a)
persons in charge of animal material, animal product, or the place from which samples are to be taken; and
13 Regulation 163 amended (Issuing of requirements for monitoring)
Replace regulation 163(a) and (b) with:
(a)
list 1 or more of the following that may be monitored under this subpart:
(i)
substances or groups of substances:
(ii)
types of animal material and animal product:
(iii)
anything in the environment; and
14 Regulation 164 amended (Issuing of sampling regime for monitoring)
(1)
In regulation 164(1), replace “sampling of animal material or animal product”
with “sampling of animal material, animal product, or anything in the environment”
.
(2)
After regulation 164(2)(b), insert:
(ba)
a general description of anything in the environment—
(i)
that may be in contact with the animal material or animal product; and
(ii)
from which samples will be taken; and
15 Regulation 165 amended (Issuing of sampling plan for monitoring)
(1)
In regulation 165(1), replace “monitoring animal material or animal product”
with “monitoring animal material, animal product, or substances”
.
(2)
In regulation 165(2)(a), replace “particular animal material or animal product”
with “particular animal material, animal product, place, or thing in the environment”
.
16 Regulation 186 amended (Obligations to supply samples, assist, provide access and facilities, etc)
In regulation 186(b), replace “animal material or animal product”
with “animal material, animal product, or anything in the environment”
.
17 Schedule 1 amended
In Schedule 1,—
(a)
insert the Part set out in the Schedule of these regulations as the last Part; and
(b)
make all necessary consequential amendments.
18 Schedule 4 amended
(1)
In Schedule 4, replace the item relating to regulation 62(1) with:
Regulation 62(1) and (1A) (general testing)
(2)
In Schedule 4, after the item relating to regulation 70(1), insert:
Regulation 71B(1) (feed management by chicken producer)
Regulation 71C(1) (cleaning and sanitising vehicles)
Regulation 71D(1) (cleaning and sanitising equipment and production area)
Regulation 71E(1) and (2) (minimising contamination by animals and animal material)
Consequential amendments to Animal Products (Fees, Charges, and Levies) Regulations 2007
19 Principal regulations
20 Schedule 1 amended
(1)
In Schedule 1, Part 1, after item 35, insert:
| 35A | Application to list an animal product business as required of a chicken producer under clause 19 of Schedule 1 of the Animal Products Regulations 2021 | $135 per application |
(2)
In Schedule 1, Part 1, revoke item 35A.
21 Schedule 2 amended
(1)
In Schedule 2, preliminary provisions, replace clause 1A with:
1A
However, the levies set out in this schedule are not payable by—
(a)
chicken producers:
(b)
germplasm processors:
(c)
poultry hatcheries that are not chicken producers.
(2)
In Schedule 2, preliminary provisions, replace clause 5 with:
5
In this schedule,—
chicken producer has the meaning given in regulation 3A of the Animal Products Regulations 2021
dual operator butcher has the meaning given in section 4(1) of the Animal Products Act 1999
homekill has the meaning given in section 4(1) of the Animal Products Act 1999
recreational catch has the meaning given in section 4(1) of the Animal Products Act 1999.
Schedule New Part 2 inserted into Schedule 1
Part 2 Provisions relating to Animal Products Amendment Regulations 2022
10 Interpretation
In this Part, unless the context otherwise requires, commencement date means 6 October 2022.
Subpart 1—Requirement for chicken producers to operate under registered risk management programme
11 Application of regulation 40A
A chicken producer must begin operating under a registered risk management programme no later than 1 November 2023.
Subpart 2—Interim requirements for chicken producers
Application of this subpart
12 Application of this subpart
(1)
This subpart, except clause 18(2) to (4) (storage of records), applies to a chicken producer on and from the commencement date until the earlier of—
(a)
the date on which they begin operating under a registered risk management programme:
(b)
the close of 31 October 2023.
(2)
Clause 18(2) to (4) applies to a chicken producer—
(a)
on and from the commencement date; and
(b)
until the date that is 4 years after the record under clause 18(1) is made.
Good operating practices
13 Good operating practices that apply generally
(1)
The regulations listed in subclauses (2) and (3) apply to a chicken producer and the animal material produced by the chicken producer, with the following modifications:
(a)
“the operator of a risk management programme”
is to be read as “the chicken producer”
:
(b)
the suitability of animal material for processing includes the suitability of animal material for production:
(c)
the processing environment includes the production area.
(2)
Subclause (1) applies to the following regulations:
(a)
regulation 43:
(b)
regulation 44:
(c)
regulation 45:
(d)
regulation 46:
(e)
regulation 47:
(f)
regulation 49:
(g)
regulation 54:
(h)
regulation 55:
(i)
regulation 62:
(j)
regulation 63:
(k)
regulation 64:
(l)
regulation 65.
(3)
Subclause (1) also applies to regulation 50, with the further modification that “cleaning and sanitising procedures”
is to be read as “cleaning and sanitising”
in each place.
14 Good operating practices that apply specifically to chicken producers
The following regulations apply to a chicken producer and the animal material produced by the chicken producer, as if the producer were an operator of a risk management programme:
(a)
regulation 71B:
(b)
regulation 71C:
(c)
regulation 71D:
(d)
regulation 71E.
Verification, traceability, and record keeping
15 Regulated person
A chicken producer is a regulated person for purposes of section 77A of the Act.
16 Chicken producer must be verified
A chicken producer is an animal product business that is subject to the verification requirements and must be verified as set out in Part 4 and any relevant supplementary notices.
17 Traceability procedures and information
(1)
The regulations set out in subclause (2) apply to a chicken producer and the animal material produced by the chicken producer.
(2)
The regulations are the following:
(a)
regulation 103(1), (2), and (4):
(b)
regulation 104.
18 Chicken producer must keep records
(1)
A chicken producer must keep the following records:
(a)
a summary of sampling and testing completed:
(b)
laboratory test results traceable to a production area or animal material as appropriate:
(c)
cleaning and sanitation records:
(d)
employee training records:
(e)
records of all personnel entering the premises:
(f)
identification and tracing of chickens and eggs:
(g)
biosecurity records:
(h)
risk assessment and disposition records:
(i)
any verification reports:
(j)
records of non-compliance or corrective actions.
(2)
The chicken producer must store the records for at least 4 years.
(3)
The chicken producer must ensure that all records are legible and are stored—
(a)
in a manner that protects the records from damage, deterioration, or loss; and
(b)
in a manner so that they may be available, upon request, within a time frame specified by the Director-General, an animal products officer, or a verifier; and
(c)
in an easily accessible form (whether in hard copy or electronic form).
(4)
Supplementary notices may specify detailed requirements for record keeping by a chicken producer.
Listing
19 Chicken producer must be listed
(1)
A chicken producer must list their animal product business with the Director-General under Part 10.
(2)
A person who fails to comply with subclause (1) commits an offence for the purposes of section 135(1)(b) of the Act.
(3)
The following persons are considered to be listed under subclause (1) on the commencement date:
(a)
a chicken producer whose business is listed with the Director-General under the Animal Products Order: Emergency Control Scheme–Managing Salmonella Enteritidis in Commercial Chicken Flocks immediately before the commencement date:
(b)
a chicken producer whose business is approved under the Animal Products Notice: Export Approved Premises immediately before the commencement date.
(4)
Despite regulation 223(5), the address or location of a chicken producer’s premises (as entered in the list) must not be available for public inspection or otherwise disclosed unless the animal product business is approved under the Animal Products Notice: Export Approved Premises.
Revocation of this subpart
20 Revocation of this subpart
This subpart is revoked on 1 November 2027.
Rachel Hayward,
Acting 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, with the exception of regulation 20(2), come into force on 6 October 2022, amend the Animal Products Regulations 2021 (the principal regulations) and consequentially amend the Animal Products (Fees, Charges, and Levies) Regulations 2007.
Overview of amendments
The focus of these regulations is on commercial chicken producers who farm chickens or fertile eggs.
Those producers have been operating under an emergency control scheme to manage Salmonella Enteritidis in their flocks. That scheme will expire at the close of 5 October 2022.
These regulations provide further requirements for commercial chicken producers in 2 stages. The first stage consists of requirements (the interim requirements) that chicken producers must comply with beginning on 6 October 2022. The second stage is a requirement for commercial chicken producers to be operating under a registered risk management programme (RMP) by 1 November 2023.
The interim requirements and RMP requirement do not apply to a person who farms 100 chickens or fewer and sells chickens or fertile eggs direct to the consumer or end user.
Detailed analysis of amendments to principal regulations
Regulation 4 provides definitions of types of chickens and production area.
Regulation 5 provides a definition of chicken producer.
Regulation 6 inserts new regulation 40A into the principal regulations. New regulation 40A requires chicken producers to operate under a registered RMP.
Regulation 7 makes a minor amendment to regulation 55 of the principal regulations to align the scope of a supplementary notice with all of the content of regulation 55.
Regulation 8 inserts new regulation 62(1A) into the principal regulations to require an operator of an RMP who is a chicken producer to ensure that anything in the environment at the operator’s premises or place is examined, sampled, and tested where necessary to ensure the suitability of animal material for production.
Regulation 9 amends regulation 65 of the principal regulations to expand on the requirements that may be specified in supplementary notices in relation to examination, sampling, and testing.
Regulation 10 inserts new subpart 9 into Part 2 of the principal regulations. New subpart 9 contains a clause to show how Part 2 applies to a chicken producer. The subpart also sets out additional good operating practices that an operator of an RMP who is a chicken producer must comply with.
Regulations 11 to 16 amend Part 8 of the principal regulations regarding monitoring and surveillance for a regulated control scheme. The amendments add requirements for sampling of anything in the environment.
Regulation 17 inserts new Part 2 into Schedule 1 of the principal regulations, which consists of transitional, savings, and related provisions. Subpart 1 of new Part 2 requires a chicken producer to begin operating under a registered RMP no later than 1 November 2023. Subpart 2 of new Part 2 sets out interim requirements that chicken producers must comply with until the end of October 2023 or until they are operating under a registered RMP, whichever is earlier. Records that are kept under the interim requirements must be stored for 4 years.
Regulation 18 amends Schedule 4 of the principal regulations by adding further regulations to it. Under regulation 244 of the principal regulations, a person who fails to comply with any regulation listed in Schedule 4 commits an offence for purposes of section 135(1)(b) of the Animal Products Act 1999. New regulations 62(1A), 71B(1), 71C(1), 71D(1), and 71E(1) and (2), which contain additional good operating practices for chicken producers, are added to Schedule 4.
Consequential amendments to Animal Products (Fees, Charges, and Levies) Regulations 2007
Regulations 20 and 21 make consequential amendments to Schedules 1 and 2 of the Animal Products (Fees, Charges, and Levies) Regulations 2007, as follows:
Regulation 20(1) amends Schedule 1 to set out an application fee for the listing of an animal product business by a chicken producer during the period that the interim requirements are in effect. Regulation 20(2) revokes that amendment on 1 November 2023.
Regulation 21 amends Schedule 2 to provide that an operator levy is not payable by an operator of a risk management programme who is a chicken producer.
Regulatory impact statement
The Ministry for Primary Industries produced a regulatory impact statement on 17 June 2022 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 8 September 2022.
These regulations are administered by the Ministry for Primary Industries.