SR 2005/150 生物安全(用于猪只喂养的肉类和食物残渣)条例2005(Biosecurity (Meat and Food Waste for Pigs) Regulations 2005)

　　Biosecurity （Meat and Food Waste for Pigs� Regulations 2005

　　（SR 2005/150（�/p>

　　Silvia Cartwright, Governor-General

　　Order in Council

　　At Wellington this 7th day of June 2005

　　Present:

　　The Right Hon Helen Clark presiding in Council

　　TitleThese regulations are the Biosecurity （Meat and Food Waste for Pigs� Regulations 2005.

　　2 CommencementThese regulations come into force on the 28th day after the date of their notification in the Gazette.

　　3 PurposeThe purpose of these regulations is to reduce the risk to New Zealand and its livestock industries of an outbreak of foot-and-mouth disease and other diseases��

　　（a� by prohibiting the feeding to pigs of untreated meat or food waste containing untreated meat; and

　　（b� by regulating the collection and distribution of, and trade in, meat and food waste for feeding to pigs.

　　4 InterpretationIn these regulations, unless the context otherwise requires,��

　　Act means the Biosecurity Act 1993

　　animal means any member of the animal kingdom other than a human being

　　Director-General means the chief executive of the Ministry of Agriculture and Forestry

　　edible means edible by pigs

　　food waste��

　　（a� means any edible food waste; and

　　（b� includes��

　　（i� food prepared for human consumption:

　　（ii� substances prepared to be used as ingredients in food for human consumption:

　　（iii� edible waste from food prepared for human consumption （for example, waste from households, hostels, commercial accommodation, or institutions, or from supermarkets, restaurants, or other businesses（�

　　（iv� edible waste from food manufacturing processes （for example, broken biscuits, misshapen pies, or bruised fruit（�

　　（v� edible by-products from manufacturing processes （for example, brewer's grain（�/p>

　　meat��

　　（a� means any live or dead animal, or any tissue or other material taken or derived from an animal; but

　　（b� does not include eggs, milk, or rendered material

　　pig means an animal of the genus Sus

　　rendering means the processing of by-products from slaughtered animals using heat to produce��

　　（a� fat （tallow（� and

　　（b� processed animal protein （for example, meat and bone meal（�/p>

　　treated means��

　　（a� heated to 100��C for 1 hour; or

　　（b� treated to a standard approved by the Director-General and notified in the Gazette

　　untreated food waste��

　　（a� means food waste that is or contains untreated meat; and

　　（b� includes food waste that has come into contact with other food waste that is or contains untreated meat

　　untreated meat means meat that has not been treated.

　　5 Person must not feed pig untreated meat or untreated food waste�?� A person must not feed, or allow, cause, or permit any other person to feed, a pig untreated meat or untreated food waste.

　　�?� A person must not allow, cause, or permit a pig to eat untreated meat or untreated food waste.

　　6 Person must not collect, distribute, or trade untreated meat or untreated food waste for or intended for feeding to pigs�?� A person must not collect, distribute, or trade untreated meat or untreated food waste for, or intended for, feeding to pigs.

　　�?� Subclause �?� does not apply if the person believes, on reasonable grounds, that the untreated meat or untreated food waste will be treated before it is fed to the pigs.

　　7 Duty of certain people to report on suspected breaches of regulations�?� This regulation applies to the following people:

　　（a� inspectors and authorised persons under the Act; and

　　（b� inspectors appointed under��

　　（i� section 60 of the Agricultural Compounds and Veterinary Medicines Act 1997; and

　　（ii� section 124 of the Animal Welfare Act 1999 （excluding a constable（� and

　　（c� inspectors within the meaning of regulation 2�?� of the Food Hygiene Regulations 1974; and

　　（d� animal product officers appointed under section 78 of the Animal Products Act 1999.

　　�?� A person must report any potential or suspected breach of these regulations to the Director-General as soon as is reasonably practicable.

　　Section 7�?）（b）（ii（� amended, on 1 October 2008, pursuant to section 116（a）（ii� of the Policing Act 2008 �?008 No 72�?

　　8 Strict liability offences�?� Every person commits an offence who breaches regulation 5 or regulation 6�?�?

　　�?� In any proceedings for an offence, it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

　　�?� It is a defence in any proceedings for an offence if the defendant proves that��

　　（a� the breach was due to an event or cause beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage; and

　　（b� the defendant took all reasonable steps to ensure that the offence was not committed.

　　�?� A defendant is entitled to rely on an event or cause beyond the control of the defendant, as part of a defence under subclause �?�? only��

　　（a� with the leave of the court; or

　　（b� if��

　　（i� the defendant has served on the informant a notice in writing identifying the event or cause relied on by the defendant; and

　　（ii� the notice is served not later than 14 days before the date on which the hearing of the proceedings begins.

　　9 Penalties�?� A person who commits an offence against regulation 8�?� is liable to the penalties specified in section 157�?� of the Act.

　　�?� Section 156 of the Act （which relates to the liability of principals and agents� applies to an offence against these regulations.

　　Diane Morcom,

　　Clerk of the Executive Council.

　　--------------------------------------------------------------------------------

　　Issued under the authority of the Acts and Regulations Publication Act 1989.

　　Date of notification in Gazette: 9 June 2005.