鎵弿浜岀淮鐮 鍒嗕韩濂藉弸鍜屾湅鍙嬪湀
銆€銆€Animal Products 锛圧egulated Control Scheme—Bivalve Molluscan Shellfish锛 Regulations 2006
銆€銆€锛圫R 2006/38锛堻/p>
銆€銆€1 Title
銆€銆€These regulations are the Animal Products 锛圧egulated Control Scheme—Bivalve Molluscan Shellfish锛 Regulations 2006.
銆€銆€2 Commencement
銆€銆€These regulations come into force on 1 June 2006.
銆€銆€3 Regulated control scheme imposed
銆€銆€锛?锛 These regulations impose a regulated control scheme in relation to bivalve molluscan shellfish 锛圔MS锛 intended for human consumption.
銆€銆€锛?锛 The scheme comprises these regulations together with any associated specifications, specific requirements, and determinations given or made by the Director-General.
銆€銆€4 Prime purpose of scheme
銆€銆€The prime purpose of the scheme is to identify, monitor, evaluate, and manage the risks associated with—
銆€銆€锛坅锛 the commercial growing, harvesting, sorting, and transporting of BMS intended for human consumption; and
銆€銆€锛坆锛 other related activities or conditions affecting the suitability for processing or fitness for intended purpose of BMS.
銆€銆€5 Activities to which scheme applies
銆€銆€锛?锛 This regulated control scheme applies in relation to—
銆€銆€锛坅锛 all activities involved in growing, harvesting, sorting, and transporting BMS for commercial purposes up until the time when—
銆€銆€锛坕锛 the BMS are received by a wholesaler or retailer or sold direct to the consumer, in the case of BMS that does not undergo primary processing; or
銆€銆€锛坕i锛 the BMS undergo primary processing, in any other case:
銆€銆€锛坆锛 the collection and analysis of samples of BMS and associated things for monitoring under this scheme.
銆€銆€锛?锛 The activities referred to in subclause 锛?锛夛紙a锛?mdash;
銆€銆€锛坅锛 include, but are not limited to, relaying, temporary storage, and wet storage occurring in a coastal marine area or a land-based aquaculture facility; but
銆€銆€锛坆锛 do not include wet storage or other forms of primary processing that are covered by a risk management programme.
銆€銆€锛?锛 In this regulation, primary processing has the meaning given it by clauses 7 and 8 of the Animal Products 锛圖efinition of Primary Processor锛 Notice 2000.
銆€銆€6 Persons to whom scheme applies
銆€銆€This regulated control scheme applies to the following persons:
銆€銆€锛坅锛 persons with overall management or control of the growing of BMS for commercial purposes on marine farms or land-based farms or in the wild:
銆€銆€锛坆锛 persons with overall management or control of the harvesting of BMS for commercial purposes on marine farms or land-based farms or in the wild:
銆€銆€锛坈锛 laboratories, and persons in those laboratories, carrying out analysis of samples of BMS or associated things:
銆€銆€锛坉锛 persons who transport, sort, or store BMS:
銆€銆€锛坋锛 persons involved in undertaking specialist functions in relation to BMS under this scheme, such as samplers, recognised persons, and animal product officers.
銆€銆€7 Relationship between scheme and other regulations, etc
銆€銆€To the extent that there is any inconsistency between this scheme and the provisions of any other regulations or specifications made under the Act, this scheme prevails over those provisions.
銆€銆€8 Interpretation
銆€銆€In these regulations, unless the context otherwise requires,—
銆€銆€Act means the Animal Products Act 1999
銆€銆€BMS means all species of bivalve molluscan shellfish, including oysters, clams, mussels, and scallops
銆€銆€BMS depot means a depot, refrigerated container unit, or other building or structure used for holding BMS in a temperature-controlled environment prior to delivery to a processor, wholesaler, or retailer
銆€銆€BMS depot operator means a person who is the owner or other person in control of a business involving the holding of BMS in a depot coastal marine area means the foreshore, seabed, and coastal water—
銆€銆€锛坅锛 of which the seaward boundary is the outer limits of the exclusive economic zone 锛坅s defined in the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977锛夛紱 and
銆€銆€锛坆锛 of which the landward boundary is the line of mean high-water springs, except that where that line crosses a river, the landward boundary at that point is whichever is the lesser of—
銆€銆€锛坕锛 1 kilometre upstream from the mouth of the river; or
銆€銆€锛坕i锛 the point upstream that is calculated by multiplying the width of the river mouth by 5
銆€銆€commercial purposes means for purposes of trade or reward 锛坥therwise than as an employee锛堻/p>
銆€銆€depuration means the process of reducing pathogens or other contaminants that may be present in BMS by using a managed aquatic environment as the treatment process
銆€銆€growing area means any coastal marine area, and any land-based aquaculture facility used for the cultivation of BMS for commercial purposes, that—
銆€銆€锛坅锛 contains natural deposits of BMS harvested for commercial purposes; or
銆€銆€锛坆锛 is used for cultivation of BMS for commercial purposes
銆€銆€harvest means the act of removing BMS, for wet storage, relay, retail sale, wholesale, or processing, from a growing area and its placement on or in a harvest vessel, vehicle, or container
銆€銆€harvest operator means a person who is the owner or other person in control of a business involving harvesting of BMS
銆€銆€IAIS 005.1 means the current Industry Agreed Implementation Standard series 005.1 issued under regulation 19 of the Fish Export Processing Regulations 1995 锛圫R 1995/54锛堻/p>
銆€銆€land-based aquaculture facility means a facility designed, constructed, and used for the cultivation of BMS for commercial purposes
銆€銆€operator means a harvest operator, transport operator, sorting shed operator, BMS depot operator, or relay operator
recognised verifier, or recognised verifying agency means a person or agency recognised under section 103 of the Act to perform verification functions or activities for the purposes of this scheme
銆€銆€relay means to transfer BMS from a growing area to another growing area for the purpose of reducing pathogens or other contaminants by using the ambient coastal marine area environment or a land-based aquaculture facility as the treatment process
銆€銆€relay operator means a person who is the owner or other person in control of a business involving relay activities
銆€銆€sanitary survey means the written evaluation report of all the environmental factors, including actual and potential pollution sources, that have a bearing on the quality of water or BMS in a growing area
銆€銆€scheme or regulated control scheme, means these regulations and any associated specifications, specified requirements, and determinations given or made by the Director-General
銆€銆€sorting shed means a building or structure where BMS are handled directly after harvesting to enable separation of BMS for farm management, wet storage, relaying, or culling, prior to transport to a processor, wholesaler, or retailer
銆€銆€sorting shed operator means a person who is the owner or other person in control of a business involving sorting BMS in sorting sheds
銆€銆€specification means a requirement specified by notice under section 167锛?锛 of the Act
銆€銆€specified person means a person specified in specifications for the purposes of this scheme
銆€銆€transport operator means a person who is the owner or other person in control of a business involving transporting BMS by road, rail, sea, or air
銆€銆€vehicle means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and includes a hovercraft
銆€銆€vessel means any description of vessel, aircraft, hovercraft, submersible vessel, or other vessel of whatever size
銆€銆€wet storage means the transfer and temporary storage of BMS from a growing area to another growing area for the purposes of desanding, conditioning, or storage, prior to harvest for retail sale, wholesale, or processing.
銆€銆€9 BMS to be suitable for processing
銆€銆€BMS that is harvested for processing into animal product or for wholesale or retail sale must be suitable for that purpose taking into account any specifications that have been issued relating to biological, chemical, or physical hazards, or any extraneous objects, materials,
銆€銆€or substances that might affect the suitability of the BMS or BMS product for its purpose.
銆€銆€10 Minimisation of contamination or deterioration
銆€銆€All persons engaged in the harvesting of BMS must ensure that the harvesting and related activities, including relaying, washing, and refrigeration, are carried out in a manner that minimises contamination or deterioration of the BMS.
銆€銆€11 BMS to be examined, sampled, and tested
銆€銆€All operators and other specified persons must ensure that—
銆€銆€锛坅锛 BMS, and associated things, are examined, sampled, and tested in accordance with any relevant specifications that are appropriate to the description of the BMS or process concerned, or the risk factor to be managed, or any combination of these; and
銆€銆€锛坆锛 any necessary actions arising as a result of the examination, sampling, or testing are taken.
銆€銆€12 Standards related to vessel and vehicle suitability
銆€銆€Operators and other specified persons must ensure that vessels, vehicles, and buildings for which they are responsible are suitable for the harvest, transport, sorting, or storage of BMS or BMS product 锛坅s relevant锛 and are—
銆€銆€锛坅锛 designed, constructed, and equipped to minimise contamination, deterioration, or decomposition of BMS; and
銆€銆€锛坆锛 maintained; and
銆€銆€锛坈锛 operated, including cleaned, to minimise the exposure of the BMS or associated things to risk factors having regard to the operational capability and capacity of the vessel and vehicle.
銆€銆€13 Standards related to persons whose presence or actions may result in contamination of BMS
銆€銆€All operators and other specified persons must ensure that persons, including visitors, involved with harvesting, sorting, transporting, post-harvest treatment, storing, packing, or handling, whose presence or actions may result in contamination of BMS,—
銆€銆€锛坅锛 follow an appropriate personal hygiene routine; and
銆€銆€锛坆锛 behave in such a manner as may be necessary or desirable to minimise contamination to BMS and associated things.
銆€銆€14 Standards related to packing, packaging, and storage
銆€銆€All operators and other specified persons must ensure that any packaging materials and containers 锛坕ncluding reusable packaging锛 used for BMS and associated things are designed, made, stored, and used in a manner that—
銆€銆€锛坅锛 maintains the status of the BMS as suitable for use in processing; and
銆€銆€锛坆锛 maintains the status of the BMS as suitable for wholesale or retail sale where no primary processing occurs; and
銆€銆€锛坈锛 maintains the status of BMS product as fit for its intended purpose; and
銆€銆€锛坉锛 minimises contamination of the BMS; and
銆€銆€锛坋锛 displays any required labelling.
銆€銆€15 Storage requirements
銆€銆€Operators and other specified persons must ensure that BMS are stored in a manner that—
銆€銆€锛坅锛 maintains the status of the BMS as suitable for use in processing; and
銆€銆€锛坆锛 maintains the status of the BMS as suitable for wholesale or retail sale where no primary processing occurs; and
銆€銆€锛坈锛 maintains the status of BMS product as fit for its intended purpose; and
銆€銆€锛坉锛 minimises contamination of the BMS; and
銆€銆€锛坋锛 maintains any label or identification required.
銆€銆€16 Standards related to relaying, wet storage, and depuration
銆€銆€All operators and other specified persons must ensure that the status of BMS as suitable for relaying, wet storage, and depuration is maintained.
銆€銆€17 Standards relating to identification, labelling, and record keeping
銆€銆€锛?锛 All operators and other specified persons must have a tracking system, as required by specifications, that—
銆€銆€锛坅锛 allows for the identification of BMS; and
銆€銆€锛坆锛 enables the movement of BMS to be traced from its origin, and through the operator’s operation, to the next recipient of the BMS.
銆€銆€锛?锛 BMS must be labelled or identified in accordance with any relevant specifications.
銆€銆€锛?锛 Any labelling or identification required by specifications must—
銆€銆€锛坅锛 clearly relate to the BMS to which it applies; and
銆€銆€锛坆锛 contain information that accurately describes or differentiates so as to identify the BMS to which it applies.
銆€銆€锛?锛 All records and returns that are required by specifications to be kept or made by any operator or other specified person in respect of BMS or associated things must be—
銆€銆€锛坅锛 complete; and
銆€銆€锛坆锛 accurate; and
銆€銆€锛坈锛 of sufficient quality; and
銆€銆€锛坉锛 appropriately stored and readily accessible 锛坕n the case of records锛夛紱 and
銆€銆€锛坋锛 promptly supplied 锛坕n the case of returns锛夈€侟/p>
銆€銆€18 BMS not to be associated with false or misleading representation
銆€銆€BMS for processing or wholesale or retail sale must not be associated with a false or misleading representation of any kind concerning its nature or origin or its suitability for processing or for sale or its fitness for its intended purpose.
銆€銆€19 Obligations of growers
銆€銆€Every person with overall management or control of the growing of BMS for commercial purposes on marine farms or land-based farms or in the wild must—
銆€銆€锛坅锛 ensure that the operation of the farm or other growing area does not contravene the requirements of this scheme; and
銆€銆€锛坆锛 give relevant specified persons such freedom and access as will allow them to carry out their functions and activities under this scheme, including verification functions and activities; and
銆€銆€锛坈锛 ensure that sufficient information is provided to the Director-General to enable the Director-General to maintain in the list of growing areas the particulars referred to in regulation 49锛?锛夛紙b锛夈€侟/p>
銆€銆€20 Obligation of harvest operators to be registered
銆€銆€No person may harvest BMS for commercial purposes unless the person is registered as a harvest operator under regulation 38.
銆€銆€21 Obligation of relay operators to hold permit
銆€銆€No person may operate as a relay operator unless the person holds a relay permit issued under regulation 45 by an animal product officer.
銆€銆€22 Obligation of transport, sorting shed, and BMS depot operators to be listed
銆€銆€No person may operate as a transport operator, sorting shed operator, or BMS depot operator unless the person is listed as such an operator under regulation 48.
銆€銆€23 Duties of harvest operators
銆€銆€锛?锛 A harvest operator has the following duties:
銆€銆€锛坅锛 to ensure the harvesting operation and any related vessel or vehicle does not contravene the relevant requirements of this regulated control scheme, including ensuring that—
銆€銆€锛坕锛 the recognised verifier’s requirements relating to verification are complied with; and
銆€銆€锛坕i锛 a nominated person 锛坥r more than 1 person锛 is responsible for the day-to-day management of the harvesting operation:
銆€銆€锛坆锛 to ensure that all harvesting operations under the scheme are adequately implemented and resourced, including provision for the instruction, training, and supervision of personnel to ensure the BMS are suitable for processing into animal product or for wholesale or retail sale:
銆€銆€锛坈锛 to ensure that relevant recognised and specified persons have such freedom and access as will allow them to carry out their functions and activities under this scheme, including verification functions and activities:
銆€銆€锛坉锛 where BMS are recalled because they are or may not be suitable for processing into animal product or for wholesale or retail sale, to notify the operator’s recognised verifying agency as soon as practicable after the decision or direction to recall the BMS made:
銆€銆€锛坋锛 to maintain procedures and processes to demonstrate that the record-keeping requirements of and under this scheme in relation to the harvesting of BMS are being complied with.
銆€銆€锛?锛 A harvest operator must notify the Director-General, in advance where practicable, and otherwise as soon as possible, of any change in the operator’s recognised verifying agency.
銆€銆€锛?锛 A person must notify the Director-General, in advance where practicable, and otherwise as soon as possible, if the person is no longer operating as a harvest operator under this scheme.
銆€銆€24 Duty to supply information
銆€銆€锛?锛 Where required by specifications, the harvest operator or supplier of BMS for processing or sale must provide information, in accordance with the specifications, relating to the status of the BMS. Such information may include—
銆€銆€锛坅锛 the BMS’s origin:
銆€銆€锛坆锛 its nature and description:
銆€銆€锛坈锛 its exposure to risk factors, if any:
銆€銆€锛坉锛 its suitability for processing or sale:
銆€銆€锛坋锛 its fitness for its intended purpose.
銆€銆€锛?锛 The information supplied must be accurate.
銆€銆€25 Limits on harvesting
銆€銆€锛?锛 BMS may be harvested only as permitted by and in accordance with specifications.
銆€銆€锛?锛 No person may harvest BMS from a growing area—
銆€銆€锛坅锛 that is not open for harvesting; or
銆€銆€锛坆锛 where harvesting of BMS is prohibited under specifications.
銆€銆€锛?锛 No person may harvest BMS using a vessel or vehicle other than a vessel or vehicle specified in the register under regulation 35锛坉锛夈€侟/p>
銆€銆€锛?锛 Despite subclause 锛?锛夛紝 a person may harvest BMS from a growing area that is not open if—
銆€銆€锛坅锛 it is for the purpose of relaying, depuration, or other post-harvest treatment that minimises contamination and deterioration;and
銆€銆€锛坆锛 that relaying, depuration, or other treatment is carried out in accordance with specifications.
銆€銆€26 Verification
銆€銆€锛?锛 The ongoing performance of harvest operators must be verified by a recognised verifier at frequencies and intensities specified in the relevant specifications.
銆€銆€锛?锛 In preparing the initial verification report on each vessel and vehicle used in the harvesting operation referred to in regulation 36锛?锛夛紙a锛夛紝 the recognised verifier must, if required by specifications, conduct an onboard assessment of the harvesting vessel or vehicle to assess—
銆€銆€锛坅锛 the vessel’s or vehicle’s suitability for the harvesting operations to be undertaken; and
銆€銆€锛坆锛 the vessel’s or vehicle’s compliance with the design and construction requirements of this scheme.
銆€銆€锛?锛 The applicant must make appropriate arrangements to enable the recognised verifier to undertake the initial verification assessment required.
銆€銆€锛?锛 The initial verification and the report must be completed by the recognised verifier in accordance with the relevant specifications.
銆€銆€锛?锛 The ongoing performance of transport operators, sorting shed operators, BMS depot operators, and relay operators must be verified by a recognised verifier at frequencies and intensities specified in any relevant specifications.
銆€銆€27 Laboratories
銆€銆€A laboratory that conducts microbiological, chemical, marine biotoxin, phytoplankton, or any other types of analysis of BMS and associated things must comply with the requirements of any specifications.
銆€銆€28 Required measuring equipment to be calibrated and function as intended
銆€銆€锛?锛 All specified persons must ensure that measuring equipment that is used to carry out a critical measurement is properly calibrated and functions as intended.
銆€銆€锛?锛 Critical measurement means a parameter identified as critical in any specifications or otherwise in this scheme.
銆€銆€29 Classification of growing areas
銆€銆€锛?锛 The Director-General or an animal product officer may classify growing areas for the growing of BMS, based on the quality of water and BMS, and in accordance with specifications.
銆€銆€锛?锛 A classification may include harvest criteria.
銆€銆€30 Sanitary surveys
銆€銆€锛?锛 A sanitary survey must be completed before initial classification of a growing area, except for a classification as a prohibited area.
銆€銆€锛?锛 Further sanitary surveys must be undertaken in accordance with specifications that set out—
銆€銆€锛坅锛 the nature and frequency of the surveys; and
銆€銆€锛坆锛 who is to carry out any such survey; and
銆€銆€锛坈锛 any other requirements in relation to surveys.
銆€銆€31 Monitoring of growing areas
銆€銆€锛?锛 Growing areas must be monitored in accordance with specifications to ensure—
銆€銆€锛坅锛 the validity of the growing area’s classification and its latest sanitary survey; and
銆€銆€锛坆锛 that the BMS in the growing area is suitable for harvest.
銆€銆€锛?锛 Specifications made for the purpose of this scheme may require animal product officers to prepare management plans for any growing area to ensure harvesting is carried out in accordance with the requirements of the specifications.
銆€銆€32 Status of growing area as open or closed for harvesting
銆€銆€锛?锛 The status of a growing area refers to whether the area is open or is closed for the harvesting of BMS, and that status is separate and distinct from the area’s classification.
銆€銆€锛?锛 The Director-General or an animal product officer may, in accordance with specifications, declare a growing area to be open or, where necessary to prevent contaminated or potentially contaminated BMS being consumed, to be closed.
銆€銆€锛?锛 The Director-General or an animal product officer must notify affected harvest operators in writing of the status of a growing area and of any change in that status 锛坥ther than a change in status referred to in subclause 锛?锛夛級銆侟/p>
銆€銆€锛?锛 For the purposes of subclause 锛?锛夛紝—
銆€銆€锛坅锛 the Director-General may approve systems for the automatic issue of notifications; and
銆€銆€锛坆锛 any such automatic notification is deemed to be issued by the Director-General or an animal product officer.
銆€銆€锛?锛 Nothing in this regulation affects the power of the Director-General to impose controls in respect of any growing area under section 81B of the Act.
銆€銆€33 Listing of growing areas
銆€銆€The Director-General must list all growing areas that the Director-General is aware of in accordance with regulations 48 and 49.
銆€銆€34 Director-General to maintain register of harvest operators
銆€銆€锛?锛 The Director-General must keep and maintain a register of harvest operators that records persons authorised under this scheme to harvest BMS for commercial purposes.
銆€銆€锛?锛 The purpose of the register is—
銆€銆€锛坅锛 to facilitate the control of the harvesting of BMS; and
銆€銆€锛坆锛 to enable members of the public to know which harvest operators are subject to this regulated control scheme, and who is responsible for various functions related to harvesting under this scheme; and
銆€銆€锛坈锛 to facilitate the ability of the Director-General to provide official assurances for the entry of BMS into overseas markets; and
銆€銆€锛坉锛 to facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under the Act and this regulated control scheme.
銆€銆€锛?锛 The Director-General must—
銆€銆€锛坅锛 keep the register open for public inspection, without fee, during ordinary office hours at the head office of the Ministry and such other places as the Director-General determines; and
銆€銆€锛坆锛 on request, supply to any person copies of all or part of the register on payment of a reasonable charge for the production of the copies.
銆€銆€锛?锛 The register may be kept in such manner as the Director-General thinks fit.
銆€銆€35 Matters to be shown in register
銆€銆€The register of harvest operators must contain the following particulars in relation to each operator:
銆€銆€锛坅锛 the name and address 锛坕ncluding the electronic address, if available锛 of the operator:
銆€銆€锛坆锛 the name, position, or designation of the person or persons nominated by the operator as responsible for the day-to-day management of the harvesting operations 锛坕f applicable锛夛細
銆€銆€锛坈锛 the date on which the operator was registered, the latest date of renewal of registration, and the period for which the operator is registered:
銆€銆€锛坉锛 the name or unique identification number of each vessel and vehicle used in the harvesting operation 锛坕f any锛夛細
銆€銆€锛坋锛 the name of the recognised verifying agency responsible for the verification function in relation to the harvesting operation:
銆€銆€锛坒锛 the most recent date 锛坅nd periods, if appropriate锛 of any deregistration or surrender of registration under this scheme:
銆€銆€锛坓锛 a brief indication of the reason for the most recent deregistration 锛坕f any锛夛細
銆€銆€锛坔锛 such other particulars as may be required by or under this scheme.
銆€銆€36 Application for registration
銆€銆€锛?锛 An application for registration must be made in writing in a form or manner provided in specifications or approved by the Director-General, and be accompanied by—
銆€銆€锛坅锛 a copy of an initial verification report on each vessel and vehicle used in the harvesting operation made by a recognised verifier not more than 3 months before the date of the application for registration:
銆€銆€锛坆锛 the name of the recognised verifying agency that has indicated it is prepared to undertake the verification functions in respect of the harvesting operation:
銆€銆€锛坈锛 such further information and other material as may be required by the Director-General:
銆€銆€锛坉锛 the fee prescribed in regulations made under the Act 锛坕f any锛夈€侟/p>
銆€銆€锛?锛 The application must specify the matters to be shown on the register under regulation 35锛坅锛夛紝 锛坆锛夛紝 and 锛坉锛夈€侟/p>
銆€銆€锛?锛 The Director-General may require an applicant to supply further information or other material before determining whether or not to register a harvest operator.
銆€銆€锛?锛 If the information or material is not supplied within 3 months of the date of request, or within such further time as the Director-General allows, the application for registration lapses.
銆€銆€37 Renewal of registration
銆€銆€锛?锛 An application for renewal of registration of a harvest operator must be made by the operator and received by the Director-General at least 1 month before the expiry of the operator’s current registration.
銆€銆€锛?锛 Regulations 36 锛坋xcept for regulation 36锛?锛夛紙a锛 unless the Director-General determines that it is to apply锛夛紝 38, and 39 apply to an application for renewal as if it were an application for registration, with all necessary modifications.
銆€銆€锛?锛 If the Director-General fails to determine the application for renewal before the date the harvest operator’s current registration expires, the operator is nevertheless deemed to be registered under this scheme until the date the Director-General notifies the operator of his or her determination on the application.
銆€銆€38 Registration of harvest operators
銆€銆€锛?锛 Subject to subclause 锛?锛夛紝 the Director-General must register an applicant as a harvest operator if satisfied that—
銆€銆€锛坅锛 the initial verification report confirms that the applicant’s vessel or vehicle meets the suitability requirements; and
銆€銆€锛坆锛 the applicant is resident in New Zealand within the meaning of section YD 1 or YD 2 锛坋xcluding section YD 2锛?锛夛級 of the Income Tax Act 2007.
銆€銆€锛?锛 The Director-General may decline to register an applicant if he or she considers that—
銆€銆€锛坅锛 there has in the past been a serious or repeated failure by the applicant to comply with the duties specified in regulation 23;or
銆€銆€锛坆锛 there are other good grounds for considering that the applicant is likely in the future to fail to comply with the duties specified in regulation 23.
銆€銆€锛?锛 Registration may be subject to such reasonable conditions as to harvesting operations as the Director-General may specify.
銆€銆€锛?锛 The Director-General must, as soon as practicable after registering a harvest operator, supply the operator with a notice of registration specifying—
銆€銆€锛坅锛 the registration identifier of the operator; and
銆€銆€锛坆锛 the period of registration; and
銆€銆€锛坈锛 any conditions imposed under subclause 锛?锛夈€侟/p>
銆€銆€锛?锛 Registration of a harvest operator under this regulation continues in force for the period specified on the notice of registration, unless—
銆€銆€锛坅锛 the operator is deregistered under regulation 43; or
銆€銆€锛坆锛 the registration is surrendered under regulation 44.
銆€銆€Regulation 38锛?锛夛紙b锛夛細 amended, on 1 April 2008, by section ZA 2锛?锛 of the Income Tax Act 2007 锛?007 No 97锛夈€侟/p>
銆€銆€39 Refusal to register
銆€銆€锛?锛 If, after considering an application and any further information or material supplied under regulation 36, the Director-General proposes to refuse to register a person as a harvest operator the Director-General must give the applicant—
銆€銆€锛坅锛 a notice containing such particulars as will clearly inform the applicant of the grounds on which the Director-General proposes to refuse to register; and
銆€銆€锛坆锛 a reasonable opportunity to make written submissions or be heard in respect of the matter.
銆€銆€锛?锛 Where the Director-General finally determines to refuse to register a person as a harvest operator, the Director-General must as soon as practicable notify that fact to the applicant in writing, giving reasons.
銆€銆€锛?锛 If a person acting under the delegated authority of the Director-General declines to register a person as a harvest operator, the applicant may seek a review of that decision under section 162 of the Act.
銆€銆€40 Conditions on registration
銆€銆€锛?锛 The Director-General may from time to time, by written notification, impose on a person registered as a harvest operator reasonable conditions as to harvesting operations, or revoke or amend any conditions imposed under regulation 38锛?锛 or this subclause.
銆€銆€锛?锛 The imposition, revocation, or amendment takes effect on the date specified in the notification, which may not be before the date on which the notice is received.
銆€銆€锛?锛 If a person acting under the delegated authority of the Director-General imposes or amends any conditions under this regulation or under regulation 38锛?锛夛紝 the harvest operator may seek a review of that decision under section 162 of the Act.
銆€銆€41 Registration may not be transferred
銆€銆€锛?锛 The registration of a harvest operator applies only to that particular operator specified in the register, and may not be transferred to a different harvest operator.
銆€銆€锛?锛 For the purposes of this regulation, the following circumstances will, except as otherwise specified in specifications, be treated as involving a change in the operator, and so require a new registration of the harvest operator:
銆€銆€锛坅锛 a change in the name of a company 锛坆ut not in a company’s shareholding锛夛細
銆€銆€锛坆锛 a change in the members of a partnership 锛坆ut not in a member’s respective shares in the partnership锛夛細
銆€銆€锛坈锛 the death, bankruptcy, receivership, or liquidation of the operator.
銆€銆€42 Suspension of operations of registered harvest operator
銆€銆€锛?锛 The Director-General may at any time suspend any or all the operations of a registered harvest operator 锛坕ncluding the use of any vessel or vehicle锛 for a period of up to 3 months if satisfied that—
銆€銆€锛坅锛 there has been a serious or repeated failure by the operator to comply with the duties specified in regulation 23; or
銆€銆€锛坆锛 the harvest operator has failed to comply with any conditions imposed under regulation 38锛?锛 or regulation 40.
銆€銆€锛?锛 The Director-General may impose conditions and requirements in respect of the implementation and operation of a suspension under this regulation.
銆€銆€锛?锛 Where the Director-General suspends all or any operations of a harvest operator, he or she must give written notice of that fact to the operator, specifying—
銆€銆€锛坅锛 the reason for the suspension; and
銆€銆€锛坆锛 the period of the suspension; and
銆€銆€锛坈锛 the date on which or time at which it commences 锛坵hich may not be earlier than the date or time of notification锛夛紱 and
銆€銆€锛坉锛 the operations to which the suspension applies; and
銆€銆€锛坋锛 any conditions or requirements in relation to the suspension.
銆€銆€锛?锛 If the Director-General considers it necessary in the circumstances, and after having notified the harvest operator of the proposed extension and the reasons for it and having given the operator a reasonable opportunity to be heard, the period of suspension may be extended for such further period not exceeding 3 months as the Director-General notifies to the operator in writing before the expiry of the original suspension.
銆€銆€锛?锛 The Director-General must notify the appropriate recognised verifying agency of any suspension under this regulation.
銆€銆€锛?锛 The Director-General may notify any suspension under this regulation in the Gazette.
銆€銆€锛?锛 A suspension does not affect any other actions that the Director-General may take under this regulation.
銆€銆€锛?锛 Where operations are suspended under this regulation, the Director-General may direct the operator or person in charge to take action appropriate to deal with any affected BMS, and may exercise any of his or her other powers under section 82 of the Act.
銆€銆€锛?锛 If a person acting under the delegated authority of the Director-General suspends any operations under this section, the harvest operator may seek a review of the suspension under section 162 of the Act.
銆€銆€43 Deregistration of harvest operators
銆€銆€锛?锛 The Director-General may remove a harvest operator from the register of harvest operators if satisfied that—
銆€銆€锛坅锛 there has been a serious or repeated failure by the operator to comply with the duties specified in regulation 23; or
銆€銆€锛坆锛 the operator fails to comply with regulation 38锛?锛夛紙b锛夛紝 or fails to comply with any condition imposed under regulation 38
銆€銆€锛?锛 or regulation 40, being a failure to comply that—
銆€銆€锛坕锛 arose after the operator’s registration; or
銆€銆€锛坕i锛 first came to the attention of the Director-General after the operator’s registration; or
銆€銆€锛坈锛 any failure to pay the registration fee or any other charge or fee prescribed under regulations made under the Act by the due date has persisted for more than 30 days; or
銆€銆€锛坉锛 the harvest operator is no longer operating as a harvest operator under this scheme.
銆€銆€锛?锛 Before removing a harvest operator from the register, the Director-General must—
銆€銆€锛坅锛 notify the operator in writing of his or her intention, giving the reasons for that intention and the facts and assumptions on which it is based; and
銆€銆€锛坆锛 give the operator a reasonable opportunity, within the time specified in the written notice, to provide evidence, information, and submissions as to why the operator should not be removed from the register.
銆€銆€锛?锛 After considering the material 锛坕f any锛 supplied by the operator under subclause 锛?锛夛紙b锛夛紝 the Director-General must—
銆€銆€锛坅锛 make a final decision as to whether or not to remove the harvest operator from the register; and
銆€銆€锛坆锛 as soon as practicable—
銆€銆€锛坕锛 notify the operator of the decision in writing, giving reasons and the facts or assumptions on which the decision is based, in the case of a decision to deregister the operator; and
銆€銆€锛坕i锛 notify the relevant recognised verifying agency of the decision to remove the harvest operator from the register.
銆€銆€锛?锛 Where a harvest operator is removed from the register under this regulation, the Director-General may direct the operator or person in charge to take action appropriate to deal with any affected BMS, and may exercise any of his or her other powers under section 82 of the Act.
銆€銆€锛?锛 If a person acting under the delegated authority of the Director-General deregisters a harvest operator, the person who was the operator may seek a review of that decision under section 162 of the Act.
銆€銆€44 Surrender of registration
銆€銆€锛?锛 A harvest operator may at any time surrender the operator’s registration by notice in writing to the Director-General.
銆€銆€锛?锛 Where the operator ceases to manage or control a harvesting operation, that operator must, within 14 days of so ceasing,—
銆€銆€锛坅锛 notify the Director-General in writing of that fact; and
銆€銆€锛坆锛 surrender the notice of registration to the Director-General; and
銆€銆€锛坈锛 notify the appropriate recognised verifying agency of that fact.
銆€銆€锛?锛 At the same time as an operator gives notification under subclause 锛?锛 or subclause 锛?锛夛紝 the operator must also notify the Director-General of how it is proposed to deal with any remaining BMS covered by this regulated control scheme.
銆€銆€锛?锛 The Director-General may approve or agree to any such proposal subject to conditions, and the operator must comply with those conditions.
銆€銆€锛?锛 On being notified of a surrender of registration under this regulation—
銆€銆€锛坅锛 the Director-General must record the surrender on the register of harvest operators; and
銆€銆€锛坆锛 the surrender takes effect on and from the date stated in the register.
銆€銆€45 Grant of permit to operate as relay operator
銆€銆€An animal product officer must grant a relay permit to a person applying for it if the officer is satisfied that the applicant—
銆€銆€锛坅锛 will meet the requirements of any relevant specifications; and
銆€銆€锛坆锛 has paid any prescribed fee.
銆€銆€46 Conditions on permit
銆€銆€锛?锛 An animal product officer may, by written notification, either on the initial grant of the permit or subsequently, attach any reasonable conditions to a permit granted under regulation 45 for the purpose of ensuring the suitability of BMS for its intended purpose.
銆€銆€锛?锛 An animal product officer may revoke or reasonably amend any conditions imposed under subclause 锛?锛夈€侟/p>
銆€銆€47 Revocation of permit
銆€銆€锛?锛 An animal product officer may revoke a permit granted under regulation 45 if satisfied that—
銆€銆€锛坅锛 the permit holder has failed to comply with—
銆€銆€锛坕锛 any relevant specifications; or
銆€銆€锛坕i锛 any condition attached to the permit under regulation 46; or
銆€銆€锛坆锛 any failure to pay the prescribed permit fee or other charge or fee prescribed under regulations made under the Act by the due date has persisted for more than 30 days.
銆€銆€锛?锛 Before revoking a permit, the animal product officer must—
銆€銆€锛坅锛 notify the permit holder in writing of his or her intention, giving the reasons for that intention and the facts and assumptions on which it is based; and
銆€銆€锛坆锛 give the permit holder a reasonable opportunity, within the time specified in the written notice, to provide evidence,information, and submissions as to why the permit should not be revoked.
銆€銆€锛?锛 After considering the material 锛坕f any锛 supplied by the permit holder under subclause 锛?锛夛紙b锛夛紝 the animal product officer must—
銆€銆€锛坅锛 make a final decision as to whether or not to revoke the permit; and
銆€銆€锛坆锛 as soon as practicable, notify the permit holder of the decision in writing, giving reasons and the facts or assumptions on which the decision is based, in the case of a decision to revoke the permit.
銆€銆€锛?锛 A person whose permit has been revoked under this regulation may seek a review of the decision by the Director-General or by a person designated by the Director-General who was not involved in the decision to revoke the permit, and subsections 锛?锛 to 锛?锛 of section 162 of the Act apply in relation to any such review.
銆€銆€48 Director-General to maintain list of growing areas, transport operators, sorting shed operators, and BMS depot operators
銆€銆€锛?锛 The Director-General must keep and maintain a list of growing areas, transport operators, sorting shed operators, and BMS depot operators.
銆€銆€锛?锛 The purpose of the list is—
銆€銆€锛坅锛 to enable industry members and members of the public to know which are the growing areas that are covered by the scheme, and who is recognised by law to act as transport operators, sorting shed operators, and BMS depot operators; and
銆€銆€锛坆锛 to facilitate the compliance, audit, and other functions of the Ministry as the agency with regulatory functions under this scheme.
銆€銆€锛?锛 The Director-General must—
銆€銆€锛坅锛 keep the list open for public inspection, without fee, during ordinary office hours at the head office of the Ministry and at such other places as the Director-General determines; and
銆€銆€锛坆锛 supply to any person copies of all or part of the list on request and payment of a reasonable charge for the production of the copies.
銆€銆€锛?锛 The list may be kept in such manner as the Director-General thinks fit.
銆€銆€49 Matters to be shown in list of growing areas, transport operators, sorting shed operators, and BMS depot operators
銆€銆€锛?锛 The list of growing areas must contain the following particulars in relation to each area:
銆€銆€锛坅锛 the name and number assigned by an animal product officer to the growing area:
銆€銆€锛坆锛 the associated current identification of each permit or registration under the Fisheries Act 1996, Resource Management Act 1991, or any other relevant Act.
銆€銆€锛?锛 The list of transport operators, sorting shed operators, and BMS depot operators must contain the following particulars in relation to each of them:
銆€銆€锛坅锛 the name and address 锛坕ncluding the electronic address, if available锛 of the operator:
銆€銆€锛坆锛 the premises or place or area of operations 锛坕ncluding the name or unique identifier of any vessels and vehicles used in the relevant operations锛 of the operator where transporting, sorting, or holding of BMS is carried out:
銆€銆€锛坈锛 the date on which the person was listed:
銆€銆€锛坉锛 such other particulars as may be prescribed in specifications.
銆€銆€50 Applications for listing
銆€銆€A person who wishes to be a transport operator, sorting shed operator, or BMS depot operator may apply to the Director-General in a manner approved by the Director-General for listing as such an operator.
銆€銆€51 Listing of transport, sorting shed, and BMS depot operators
銆€銆€锛?锛 On receipt of a properly made application accompanied by the prescribed fee 锛坕f any锛夛紝 the Director-General must list the applicant as a transport, sorting shed, or BMS depot operator if satisfied that the applicant is complying or will comply with the requirements of any relevant specifications.
銆€銆€锛?锛 Where the Director-General determines to list an applicant as a transport, sorting shed, or BMS depot operator, the Director-General must—
銆€銆€锛坅锛 include the applicant and the applicant’s operation on the list under regulation 48; and
銆€銆€锛坆锛 notify the applicant in writing accordingly.
銆€銆€52 Refusal to list
銆€銆€If the Director-General determines to refuse to list an applicant as a transport, sorting shed, or BMS depot operator, the Director-General must, as soon as practicable, notify the applicant in writing of—
銆€銆€锛坅锛 the decision; and
銆€銆€锛坆锛 the reasons for the decision, and the facts or assumptions on which it is based.
銆€銆€53 Delisting
銆€銆€锛?锛 The Director-General may remove any transport, sorting shed, or BMS depot operator from the list if—
銆€銆€锛坅锛 the listed operator so requests; or
銆€銆€锛坆锛 the Director-General is satisfied that the criteria referred to in regulation 51 no longer apply, or the person no longer operates as a transport, sorting shed, or BMS depot operator; or
銆€銆€锛坈锛 any failure to pay the listing fee 锛坕f any锛 by the due date has persisted for more than 30 days.
銆€銆€锛?锛 Before delisting an operator on any of the grounds referred to in subclause 锛?锛夛紙b锛 and 锛坈锛夛紝 the Director-General must—
銆€銆€锛坅锛 notify the operator in writing of his or her intention; and
銆€銆€锛坆锛 give the operator a reasonable opportunity, within the time specified in the written notice, to explain why he or she should not be delisted, or to pay the unpaid fee.
銆€銆€锛?锛 The delisting of an operator under this section does not affect the right of a person to make a further application for listing under regulation 50.
銆€銆€54 Review of decision to refuse to list, or to delist
銆€銆€If a person acting under the delegated authority of the Director-General refuses an application to list a person as a transport,sorting shed, or BMS depot operator, or delists an operator, the person aggrieved by the decision may seek a review of the decision under section 162 of the Act.
銆€銆€55 Listing fee payable
銆€銆€Every person listed as a transport, sorting shed, or BMS depot operator is liable to pay, either annually or at such greater intervals as may be prescribed, the prescribed fee 锛坕f any锛 in respect of their continued listing.
銆€銆€56 Offences
銆€銆€锛?锛 A person commits an offence for the purposes of section 135锛?锛夛紙b锛 of the Act who fails to comply with—
銆€銆€锛坅锛 regulation 19 锛坥bligations of growers锛夛紱 or
銆€銆€锛坆锛 regulation 20 锛坥bligation of harvest operators to register锛夛紱 or
銆€銆€锛坈锛 regulation 21 锛坥bligation of relay operators to hold permit锛夛紱 or
銆€銆€锛坉锛 regulation 22 锛坥bligation of transport, sorting shed, and BMS depot operators to be listed锛夛紱 or
銆€銆€锛坋锛 regulation 23 锛坉uties of harvest operators锛夛紱 or
銆€銆€锛坒锛 regulation 25锛?锛 or 25锛?锛 锛坔arvesting from growing area in certain circumstances锛夛紱 or
銆€銆€锛坓锛 any conditions imposed under regulation 38锛?锛 or regulation 40 or regulation 46.
銆€銆€锛?锛 A person who commits such an offence is liable to the penalty specified in section 135锛?锛 of the Act.
銆€銆€57 Transitional provisions: interpretation
銆€銆€In regulations 58 to 60, the 1995 Circular means the New Zealand Fishing Industry Agreed Implementation Standards IAIS 005.1 Shellfish Quality Assurance Circular 1995, available at offices of the Ministry.
銆€銆€58 Harvest operators, vessels, and vehicles
銆€銆€锛?锛 Every person who is listed as a shellfish harvester in the list referred to in section 5.2.3 of the 1995 Circular is deemed to be registered as a harvest operator under regulation 38 until the earliest of the following:
銆€銆€锛坅锛 the expiry of the term of that listing; or
銆€銆€锛坆锛 the expiry of 6 months from the date of commencement of these regulations 锛坆ut subject to subclause 锛?锛夛級锛 or
銆€銆€锛坈锛 the deregistration of the person under regulation 43.
銆€銆€锛?锛 Every vessel or vehicle approved under section 5.2.4 of the 1995 Circular may be used in the relevant harvest operator’s harvest operations until the earliest of the following:
銆€銆€锛坅锛 the expiry of the term of the approval; or
銆€銆€锛坆锛 the expiry of 6 months from the date of commencement of these regulations 锛坆ut subject to subclause 锛?锛夛級锛 or
銆€銆€锛坈锛 the suspension of the use of the vessel or vehicle in the harvest operations under regulation 42.
銆€銆€锛?锛 Despite subclauses 锛?锛 and 锛?锛夛紝 if a person to whom subclause 锛?锛 applies submits a properly made application for registration as a harvest operator under regulation 36 not less than 30 days before the expiry of the 6-month period referred to in subclause锛?锛夛紙b锛夛紝 that person is deemed to be registered as a harvest operator, and may use any vessel or vehicle to which subclause 锛?锛 applies,until the application for registration is determined.
銆€銆€59 Certain relay operators deemed to hold permits
銆€銆€Every person who holds a permit referred to in section 4.3.1 of the 1995 Circular is deemed to hold a permit to operate as a relay operator granted under regulation 45 until the earlier of—
銆€銆€锛坅锛 the expiry of the permit according to its terms; or
銆€銆€锛坆锛 the revocation of the permit by an animal product officer.
銆€銆€60 Carry-over of current listing or classification of growing areas, transport operators, and sorting shed operators
銆€銆€锛?锛 Every growing area is deemed to hold the same classification as it holds under section 3.3 of the 1995 Circular until the earlier of—
銆€銆€锛坅锛 its reclassification under this scheme; or
銆€銆€锛坆锛 the expiry of 6 months from the date of commencement of these regulations.
銆€銆€锛?锛 Every person who is listed as a shellfish harvester or road transport operator in the list referred to in section 5.2.3 of the 1995 Circular is deemed to be listed as a transport operator under regulation 48 until the earlier of—
銆€銆€锛坅锛 the expiry of the term of that listing; or
銆€銆€锛坆锛 the expiry of 6 months from the date of commencement of these regulations.
銆€銆€锛?锛 Every person who operates a sorting shed that is approved under section 5.7.2 or is on the list of approved sorting sheds referred to in section 5.7.4 of the 1995 Circular is deemed to be listed as a sorting shed operator under regulation 48 until the earlier of—
銆€銆€锛坅锛 the expiry of the term of the approval; or
銆€銆€锛坆锛 the expiry of 6 months from the date of commencement of these regulations.
銆€銆€61 Food 锛圫afety锛 Regulations 2002 amended
銆€銆€The Food 锛圫afety锛 Regulations 2002 are amended—
銆€銆€锛坅锛 by revoking the definition of shellfish in regulation 3锛?锛夛細
銆€銆€锛坆锛 by revoking regulations 18 and 19:
銆€銆€锛坈锛 by omitting from regulation 22锛?锛夛紙b锛夛紙ii锛 the words “or regulation 19”锛欬/p>
銆€銆€锛坉锛 by revoking regulation 23锛?锛夛紙l锛 and 锛坢锛夈€侟/p>
鍦板尯锛欬/font>
