Imported Food Control Order 2019
I, Bridget McKenzie, Minister for Agriculture, make the following order.
Dated 17 September 2019
Bridget McKenzie
Minister for Agriculture
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Identification and classification of food
6 Risk food that must be covered by recognised foreign government certificate
Schedule 1—Risk food
1 Kinds of food
Schedule 2—Risk food that is New Zealand product
1 Kinds of food
This instrument is the Imported Food Control Order 2019.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | Immediately after the commencement of the Imported Food Control Regulations 2019. |
|
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under regulation 10 of the Imported Food Control Regulations 2019.
Note 1: A number of expressions used in this instrument are defined in the Act, including:
(a) compliance agreement;
(b) food;
(c) recognised foreign government certificate.
Note 2: A number of expressions used in this instrument are defined in the Imported Food Control Regulations 2019, including:
(a) Act;
(b) compliance agreement food;
(c) risk food;
(d) Scheme;
(e) surveillance food.
In this instrument:
beef means the flesh, bone, offal or any other tissue of cattle.
beef products means food prepared from or containing beef, but does not include gelatine, collagen, rendered fats, tallow or di-calcium phosphate.
dried meat means meat that has been dried but does not include slow cured dried meat.
New Zealand product means food to which the Act applies that is produced in or imported into New Zealand, being food to which the Trans-Tasman mutual recognition principle set out in Part 2 of the Trans-Tasman Mutual Recognition Act 1997 applies.
ready-to-eat: food is ready-to-eat if it is ordinarily consumed in the same state as that in which it is sold.
sausage means a food that:
(a) consists of meat that has been minced, meat that has been comminuted, or a mixture of both, whether or not mixed with other foods, and which has been encased or formed into discrete units; and
(b) is not formed or joined into the semblance of cuts of meat.
5 Identification and classification of food
Risk food
(1) Food of a kind to which the Act applies that is mentioned in clause 1 of Schedule 1:
(a) is classified as risk food; and
(b) is required to be inspected, or inspected and analysed, under the Scheme as risk food.
(2) Subsection (1) does not apply to:
(a) food that is New Zealand product; or
(b) compliance agreement food.
Risk food—New Zealand product
(3) New Zealand product of a kind to which the Act applies that is mentioned in clause 1 of Schedule 2:
(a) is classified as risk food; and
(b) is required to be inspected, or inspected and analysed, under the Scheme as risk food.
(4) Subsection (3) does not apply to compliance agreement food.
Compliance agreement food
(5) Food to which a compliance agreement applies is classified as compliance agreement food.
Surveillance food
(6) Food to which the Act applies:
(a) is classified as surveillance food; and
(b) is required to be inspected, or inspected and analysed, under the Scheme as surveillance food.
(7) Subsection (6) does not apply to:
(a) risk food; or
(b) compliance agreement food; or
(c) food that is the subject of a holding order.
Note: See section 7 of the Act for food to which the Act applies.
6 Risk food that must be covered by recognised foreign government certificate
Risk food—general
(1) Food of a kind to which the Act applies that is mentioned in any of items 1, 2, 5, 13 and 25 of the table in clause 1 of Schedule 1 must be covered by a recognised foreign government certificate.
New Zealand product
(2) New Zealand product of a kind to which the Act applies that is mentioned in item 1 or 2 of the table in clause 1 of Schedule 2 must be covered by a recognised foreign government certificate.
(subsection 5(1))
For subsection 5(1), the kinds of food are each kind of food that is described in 1 or more items of the following table. Each item of the table is to be read separately and in addition to each other item.
Kinds of food that are required to be inspected, or inspected and analysed | |
Item | Kinds of food |
1 | Beef |
2 | Beef products |
3 | Cassava chips that are ready‑to‑eat |
4 | Cheese in which growth of Listeria monocytogenes can occur |
5 | Raw milk cheese |
6 | Cooked chicken meat that is ready‑to‑eat, but is not canned |
7 | Coconut that is dried |
8 | Crustaceans, including prawns, that are cooked (whether or not chilled or frozen), but are not canned |
9 | Fish of the following kinds: (a) all fish in the Family Carangidae; (b) all fish in the Family Clupeidae; (c) all fish in the Family Coryphaenidae; (d) all fish in the Family Engraulidae; (e) all fish in the Family Pomatomidae; (f) all fish in the Family Scomberesocidae; (g) all fish in the Family Scombridae |
10 | Fish products that contain more than 300 grams per kilogram of all or any of the kinds of fish in the families mentioned in item 9 |
11 | Ready‑to‑eat finfish |
12 | Manufactured meat that is cooked, including meat pastes and pâté |
13 | Ready‑to‑eat meat of the following kinds: (a) uncooked dried meat; (b) uncooked sausages; (c) uncooked spreadable sausages |
14 | Marinara mix (whether or not chilled or frozen) |
15 | Bivalve Molluscs (whether cooked or uncooked) |
16 | Paprika that is dried |
17 | Peanuts and any food that contains peanuts |
18 | Peanut products and any food that contains peanut products |
19 | Pepper that is dried |
20 | Pistachios and any food that contains pistachios |
21 | Pistachio products and any food that contains pistachio products |
22 | Cooked poultry paté and poultry livers that are ready‑to‑eat, but are not canned |
23 | Seaweed—brown only |
24 | Sesame seeds and sesame seed products |
25 | Human milk and human milk products |
Schedule 2—Risk food that is New Zealand product
(subsection 5(3))
For subsection 5(3), the New Zealand product is each kind of food that is described in 1 or more items of the following table. Each item of the table is to be read separately and in addition to each other item.
Kinds of New Zealand product that are required to be inspected, or inspected and analysed | |
Item | Kinds of New Zealand product |
1 | Beef |
2 | Beef products |
3 | Cassava chips that are ready‑to‑eat |
4 | Seaweed—brown only |