Animal Products (Dairy) Conditions for Recognition. June Final

Similar documents
Export Approved Premises 8 November 2018

VERIFICATION 2005 STATEMENT OF POLICY

New Zealand Business Number Act 2016

Treatment Programme. Overview and General Requirements for the Supply of Official Treatments. 15 November 2018

DEPOSIT PROTECTION CORPORATION ACT

ON METROLOGY. Based on Article 65 (1) of the Constitution of the Republic of Kosovo, LAW ON METROLOGY CHAPTER I GENERAL PROVISIONS.

R SUSPENSIONS, WITHDRAWALS AND RE-INSTATEMENT OF ACCREDITED OR GLP/GCP COMPLIANT ORGANISATIONS

STATUTORY INSTRUMENTS. S.I. No. 490 of 2012 EUROPEAN COMMUNITIES (GREENHOUSE GAS EMISSIONS TRADING) REGULATIONS 2012

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Act 724 Insurance Acts, 2006 ARRANGEMENT OF SECTIONS. National Insurance Commission

CLEARING, SETTLEMENT AND CENTRAL DEPOSITORY MODULE

Supplement No. 4 published with Extraordinary Gazette No. 38 dated 5 th May, THE NON-PROFIT ORGANISATIONS LAW, 2017 (LAW 37 OF 2017)

SECURITIES (COLLECTIVE INVESTMENT SCHEMES) REGULATIONS 2001 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY

THE FINANCIAL REPORTING ACT 2004

THE FINANCIAL REPORTING ACT 2004

COMMONWEALTH OF DOMINICA

Appendix 6. In this annex underlining indicates new text and striking through indicates deleted text. The DFSA Rulebook. Markets Rules (MKT)

Kingdom of Swaziland. Public Finance Management Bill

RULES FOR THE LIVESTOCK PRODUCTION ASSURANCE PROGRAM (LPA)

OFFSHORE BANKING ACT 1990 (Act 443) ARRANGEMENT OF SECTIONS. Part I. Preliminary. Part II. Licensing Of Offshore Banks. Part III

RULES FOR THE LIVESTOCK PRODUCTION ASSURANCE PROGRAM (LPA)

In this regard, every appointed representatives of CMS licence holders and exempt FIs must:

Annual Compliance Statement Presentation to CUMA Conference

Product Approval Guide ISSUE 01. Australian Safety Approval

CHAPTER 425 THE SMALL ENTERPRISES DEVELOPMENT ACT PART I PRELIMINARY. Section 1. Short title and commencement 2. Interpretation PART II

Appendix 4. In this appendix underlining indicates new text and striking through indicates deleted text. The DFSA Rulebook. General Module (GEN)

The Bailiwick of Guernsey Statement of Professional Standing (SPS) CISI Terms and Conditions

Notifying Unqualified Trade for Legal Entities Not Residing in the Czech Republic, EU, EEA and Switzerland (Foreign Legal Entity)

VIRGIN ISLANDS ECONOMIC SUBSTANCE (COMPANIES AND LIMITED PARTNERSHIPS) ACT, 2018 ARRANGEMENT OF SECTIONS

KINGDOM OF SAUDI ARABIA. Capital Market Authority AUTHORISED PERSONS REGULATIONS

Tax Agent Services Regulations

Petroleum and Geothermal Energy Resources (Environment) Regulations 2012

SUBMISSION TO PRIMARY PRODUCTION SELECT COMMITTEE FISHERIES (FOREIGN CHARTER VESSELS AND OTHER MATTERS) AMENDMENT BILL

Accreditation Program For Australian Veterinarians Policies and Procedures

PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT

VIRGIN ISLANDS ECONOMIC SUBSTANCE (COMPANIES AND LIMITED PARTNERSHIPS) ACT, 2018 ARRANGEMENT OF SECTIONS

Chapter 2: Duties of Financial Intermediaries Section 1: Duty of Due Diligence

THE MAURITIUS STANDARDS BUREAU ACT. Regulations made by the Council under section 33 of the Mauritius Standards Bureau Act

ROUGH DIAMOND SUPPLY AGREEMENT 1

REPUBLIC OF VANUATU INTERNATIONAL BANKING ACT NO. 4 OF Arrangement of Sections

Fiscal Management & Acclountability Act N0. 20 of 2003

Primary Produce (Food Safety Schemes) (Dairy Industry) Regulations 2005

BANKING ACT 2003 As amended 2004 ANALYSIS

Electricity Supply (General) Regulation 2014

Regulatory Notice 4: Regulation of newly registered providers up to 31 July 2019

Tax Agent Services Act 2009

Lending Terms & Conditions. Current as at 01 January 2018

Appendix A Definitions for Part 1 of LPS 1233 scheme document. An * after a term means that a definition for that term can be found in Appendix A.

SPECIMEN I. ADMINISTRATIVE AUTHORITY II. SUBJECT OF APPLICATION

1035. Pursuant to Article 95 item 3 of the Constitution of Montenegro, I hereby pass ORDINANCE PROMULGATING THE LAW ON METROLOGY

STATUTORY INSTRUMENTS. S.I. No. 604 of 2017 CENTRAL BANK (SUPERVISION AND ENFORCEMENT) ACT 2013 (SECTION 48(1)) (INVESTMENT FIRMS) REGULATIONS 2017

Geographical Indications (Wine and Spirits) Registration Amendment Bill

THE BANKING ACT 1) of August 29, A unified text CHAPTER 1 GENERAL PROVISIONS

Insert heading depending. Insert heading depending on line on line length; please delete cover options once

Notice Of A Proposal To Establish A Representative Office In Gibraltar

Plant Export Requirement

COMMISSION REGULATION (EU) No /.. of

2007 No. 871 ENVIRONMENTAL PROTECTION The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 CONSOLIDATED VERSION

FINANCIAL INSTITUTIONS ACT 2004

(Non-legislative acts) REGULATIONS

5.1.1 Application: Any person may apply to NZX for Listing either: (c) as a Dual Listed Issuer. (Amended 1/5/04)

ARRANGEMENT OF SECTIONS PART I ESTABLISHMENT OF THE ROAD FUND PART II MANAGEMENT OF THE FUND

MAIA & MACA Comparison table

Appendix 2. In this appendix underlining indicates proposed new text and striking through indicates deleted text. The DFSA Rulebook.

Terms and Conditions of Sale

Supplement No. 2 published with Extraordinary Gazette No. 100 dated 16 th December, THE MUTUAL FUNDS LAW (2015 REVISION)

Authorisation Requirements for Money Transmission Businesses. Authorisation Requirements and Standards for Money Transmission Businesses

ATEX DIRECTIVE SERVICE TERMS

SCHEME RULES Effective from February Trade Assurance Scheme for Combinable Crops

GUIDELINES FOR THE APPROVAL OF AUTHORISED RESELLERS OF SIM-CARD ENABLED TELECOMMUNICATIONS SERVICES TO NATURAL PERSONS

Vote Primary Industries and Food Safety

KINGDOM OF SAUDI ARABIA. Capital Market Authority INVESTMENT FUNDS REGULATIONS

MODEL CONTRACT. Marie Curie individual fellowships

VALUE ADDED TAX ACT. Act No. 546 of 1998

ACCREDITATION CRITERIA FOR CORE FA CPD COURSES (ETHICS AND RULES & REGULATIONS) FOR APPOINTED REPRESENTATIVES OF FINANCIAL ADVISER

THE MAURITIUS STANDARDS BUREAU ACT

FINANCIAL INSTITUTIONS (AMENDMENT) ACT 2014

CHAPTER INSURANCE ACT

FELLOWSHIP AGREEMENT

Irish Statute Book. Insurance Act, Quick Search Search for word(s) / phrase in Title of Act or Statutory Instrument

B L.N. 434 of 2013 ENVIRONMENT AND DEVELOPMENT PLANNING ACT (CAP. 504) MALTA RESOURCES AUTHORITY ACT (CAP. 423)

NIE Transmission Licence Consolidated Document see notes at the end of the document Northern Ireland Electricity Ltd

INTERMEDIARIES BYELAW

2017 Bank of Jamaica All Rights Reserved July 2017

2005 No. [ ] FOOD, ENGLAND. The Meat (Hygiene and Inspection) (Charges) (England) Regulations 2005

Control of Asbestos Regulations 2012 (SI 2012 No. 632)

Incentive Guidelines Certify (Tax Credits)

THE GAZETTE OF INDIA EXTRAORDINARY. PART II - SECTION 3 - SUB-SECTION (ii) PUBLISHED BY AUTHORITY NOTIFICATION. MUMBAI, THE 16th DAY OF MAY, 1996

The JSE Limited Debt Listings Requirements

Malaysia Promotion of Investments Act 1986

1 May Kiwa Regulations for Board of Appeal

CHAPTER 308A EXEMPT INSURANCE

AWS GDPR DATA PROCESSING ADDENDUM

APPLICATION FOR CLASS A TRAINER S LICENCE $ CLASS B TRAINER S LICENCE $ CLASS C TRAINER S LICENCE $ C4:04-17 YOUR PERSONAL DETAILS

Supplement No. published with Gazette No. dated, 2015.

Law. on Payment Services and Payment Systems * Chapter One GENERAL PROVISIONS. Section I Subject and Negative Scope. Subject

Licensing Committee 20th November 2017

2008 No. (W. ) AGRICULTURE, WALES. The Welsh Levy Board Order 2008 DRAFT WELSH STATUTORY INSTRUMENTS

Vote Agriculture, Biosecurity, Fisheries and Food Safety

The New Zealand MARKETING ASSOCIATION

Transcription:

Conditions for Recognition June 2005

Table of Contents 1 Scope...2 2 Outcome...3 3 Issuing and Availability of Conditions...4 4 Conditions for Recognition...5 5 Duties For Recognised Agencies...6 6 Part 1 Laboratories...7 6.1 Conditions for Dairy Laboratories...7 CONDITION 1... 7 CONDITION 2... 7 CONDITION 3... 7 CONDITION 4... 8 7 Part 2 Recognised Agencies and Persons...9 7.1 Conditions for Recognised Agencies and Persons...9 CONDITION 1... 9 CONDITION 2... 9 CONDITION 3... 9 CONDITION 4... 9 CONDITION 5... 10 CONDITION 6... 10 CONDITION 7... 10 8 Verification...11 8.1 Laboratories...11 8.2 Test Methods...12 8.3 Recognised Agencies and Persons...12 Conditions for Recognition 1 June 2005

1 Scope This document outlines the conditions for recognition of agencies and persons under the Animal Products Act 1999 for the dairy industry. Recognised agencies include laboratories and also persons who are recognised by NZFSA to perform evaluation and verification of registered Risk Management Programmes for the dairy industry. Conditions for Recognition 2 June 2005

2 Outcome This document sets out the conditions that recognised agencies and persons must comply with to be recognised by NZFSA Dairy and Plants. The conditions outlined in this document are the generic requirements to be met by a recognised agency or person for recognition. The document also outlines the process for issuing conditions of recognition and where this information may be found. Conditions for Recognition 3 June 2005

3 Issuing and Availability of Conditions This document outlines all conditions that apply to all recognised agencies and persons and is available on the Dairy and Plants website so that prospective agencies and persons are aware of the conditions that have to be met. The document has been split so requirements for laboratories and agencies and persons who evaluate and verify Risk Management Programmes are separate. Once an agency has been accredited or recognised to the appropriate standard (ISO 17025 for Category One laboratories, relevant Parts of the Animal Products (Dairy) Recognised Agency Specification and the Animal Products (Dairy) Approved Criteria for Recognition of Agencies and Persons for Category Two laboratories or ISO 17020 for evaluators and verifiers of Risk Management Programmes) and a recommendation has been provided to NZFSA Dairy and Plants for recognition, then they will be recognised providing they comply with the conditions in this document. The Director-General must supply a notice of recognition to any successful applicant who applies for recognition as an agency or person under section 103 of the Animal Products Act 1999. Any conditions for recognition of an agency or person under the Act are issued under section 105. Conditions may be generic and apply to all recognised agencies and persons or may be specific to an agency or person. A notice of recognition will contain all relevant conditions contained in this document as well as any specific conditions for the agency or person. Approved alternatives to the approved criteria outlined in the document titled Animal Products (Dairy) Approved Criteria for Recognition of Agencies and Persons must be specified in the notice of recognition and made available to the accreditation or recognition body. Conditions for Recognition 4 June 2005

4 Conditions for Recognition (1) In this document, unless the context otherwise requires accreditation body means an internationally recognised, independent, non-profit organisation which is authorised to accredit organisations to certain ISO standards Act means the Animal Products Act 1999, unless otherwise stated Director-General means the Chief Executive of the Ministry, under the Minister, responsible for the administration of the Act evaluation means the process of independent external assessment of the validity of a risk management programme for the purposes of providing an independent evaluation report as required under section 20(2)(b) of the Act recognition body means an organisation approved by NZFSA to recognise Category 2 dairy laboratories validate in relation to a risk management programme means the process by which the operator ensures that the programme is complete, and meets the requirements of the Act and any relevant animal product regulations and specifications; and when implemented, will consistently achieve the required outcomes of the programme; and re-validate has a corresponding meaning verification in relation to a risk management programme means the ongoing checks carried out by recognised agencies and persons described in section 35 of the Act (2) Any term or expression that is defined in the Animal Products Act 1999, Animal Products (Ancillary and Transitional Provisions) Act 1999, or regulations made under those Acts and used, but not defined, in this notice has the same meaning as in those Acts or regulations Conditions for Recognition 5 June 2005

5 Duties For Recognised Agencies Section 106 of the Animal Products Act sets out duties that a recognised agency must perform. An agency must: a) ensure all recognised persons employed, engaged or used by it are not placed in a situation which compromises their impartiality and independence in relation to the performance of their functions and duties; b) ensure that it has adequate resources and that its systems are maintained to ensure it can carry out its functions and activities; c) ensure that where a particular function or activity is required to be carried out by a recognised agency, that those functions and activities are carried out only by an agency recognised under the Act to undertake responsibility for that function or activity; d) ensure that where a particular function or activity is required to be carried out by a recognised person who is required to be under the management of a recognised agency, that those functions and activities are carried out only by a person under the management of a recognised agency and who is recognised under the Act to undertake that function or activity. The Animal Products Act sets out a number of duties for recognised persons in section 107. These have been paraphrased as follows: Undertake only functions and activities that are conferred on them by the Director- General Comply with the relevant requirements of any regulation or specification in force under the Act and any directions given by the Director-General under section 81 of the Act Maintain appropriate degree of impartiality and independence in carrying out functions and activities as a recognised person Maintain appropriate degree of confidentiality relating to the activities and operations contacted in the performance of functions and activities Report to the appropriate Ministry official any matter required to be reported on under the Act. Conditions for Recognition 6 June 2005

6 Part 1 Laboratories 6.1 Conditions for Dairy Laboratories This Part contains the conditions for recognition of dairy laboratories, including recognition of: Category 1 laboratories that test dairy material for export certification and samples to determine whether fit for intended purpose or to meet Overseas Market Access Requirements; Category 2 laboratories that test the company s dairy material for sale in the New Zealand domestic market, and samples (including raw milk) for internal quality control purposes; and in-process laboratories that test dairy material, the results of which are used as a basis for rationalised testing of dairy material to determine whether dairy material is fit for intended purpose or to meet Overseas Market Access Requirements. CONDITION 1 All NZFSA-recognised dairy laboratories must comply with mandatory requirements set out in Part 2 of the Animal Products (Dairy) Recognised Agency Specification. CONDITION 2 All test methods used to verify conformance of dairy material to regulatory requirements, and/or with attestations provided by NZFSA in official assurances, must approved by NZFSA in accordance with the requirements in Part 2 of the Animal Products (Dairy) Recognised Agency Specification. CONDITION 3 All NZFSA-recognised dairy laboratories must comply with the approved criteria outlined in the Animal Products (Dairy) Approved Criteria for Recognition of Agencies and Persons or an alternative approved as being equivalent by NZFSA. Conditions for Recognition 7 June 2005

CONDITION 4 All NZFSA-recognised dairy laboratories must implement the assessment frequency for Performance Based Verification specified by NZFSA: Dairy & Plants based on recommendations by the accreditation/recognition body. Conditions for Recognition 8 June 2005

7 Part 2 Recognised Agencies and Persons 7.1 Conditions for Recognised Agencies and Persons This Part contains the conditions of recognition for agencies and persons who provide evaluation and verification services to the New Zealand dairy industry. All Recognised Agencies and their associated persons must comply with these conditions to be recognised by NZFSA Dairy and Plants and in order to maintain recognition. CONDITION 1 All NZFSA-recognised dairy agencies and persons must comply with mandatory requirements set out in Part 3 of the Animal Products (Dairy) Recognised Agency Specification. CONDITION 2 All NZFSA-recognised dairy agencies and persons must comply with the approved criteria outlined in the Animal Products (Dairy) Approved Criteria for Recognition of Agencies and Persons or an alternative approved as being equivalent by NZFSA. CONDITION 3 All NZFSA-recognised dairy agencies and persons must implement the assessment frequency for Performance Based Verification specified by NZFSA: Dairy & Plants based on a recommendation by the accreditation body. CONDITION 4 Where there is a change in the directorship, management, or control of a recognised agency, the agency must notify the NZFSA as soon as practicable in writing, for the purpose of ensuring that the requirements of section 100(2) of the Act have been met. The purpose of this requirement is to ensure that fit and proper person test will continue to be met. Conditions for Recognition 9 June 2005

CONDITION 5 The recognised agency must apply Performance Based Verification to all Risk Management Programmes registered under the Animal Products Act 1999 at the frequency specified by NZFSA. CONDITION 6 Where a person is recognised by NZFSA to evaluate or verify Risk Management Programmes is prevented from exercising his or her rights under a Risk Management Programme, that person must advise their managing recognised agency and the Director Dairy and Plant Products as soon as practicable; and recommend any actions to be taken; and confirm the advice to the Director Dairy and Plant Products, in writing. CONDITION 7 To maintain recognition, the recognised agency must a) ensure that it is fully assessed by an accreditation body at least every two years from the anniversary date of the recognition to determine that it still meets the requirements of ISO 17020 and any supplementary criteria; and b) in every alternate year ensure that an accreditation body conducts at least one surveillance assessment of the agency to determine that it continues to meet the requirements of ISO 17020 and any supplementary criteria. Conditions for Recognition 10 June 2005

8 Verification Verification of the conditions contained in this document will be performed by accreditation and recognition bodies when assessing an agency or person and NZFSA when it receives information to support certification. If all conditions are complied with then the accreditation or recognition body provides a recommendation to NZFSA Dairy and Plants for recognition or continued recognition. If an agency or person does not comply with all conditions then no recommendation should be provided. NZFSA Compliance and Investigation Group will also assess compliance with conditions outlined in this document as part of any allocated systems audits which are part of scheduled activities. If a critical non-compliance is identified by a recognition or accreditation body or as part of an NZFSA Compliance and Investigation Group audit then recognition of an agency or person may be reviewed by NZFSA Dairy and Plants. 8.1 Laboratories If an accreditation/recognition body withdraws, suspends or changes the accreditation/recognition status of a recognised laboratory, the accreditation/recognition body advises NZFSA Compliance and Investigation Group of the change in status, and NZFSA may: cancel recognition, vary any conditions subject to which a laboratory is recognised, or impose any new or additional conditions subject to which a laboratory is recognised. The recognition of a laboratory may be cancelled or amended if: the occupier of the laboratory concerned asks the Director-General to do so; the Director-General is satisfied that the laboratory no longer has the premises, equipment, procedures and staff necessary to ensure that the testing carried out there for the purposes of the Act will be carried out properly and competently; Conditions for Recognition 11 June 2005

the Director-General is satisfied during the past 6 months there has been a breach of any conditions subject to which the laboratory was recognised; or the Director-General is satisfied that the occupier has failed to comply with any Compliance Order or Direction under the Act. 8.2 Test Methods If a dairy laboratory does not operate in accordance with the conditions in relation to approved test methods: A Compliance Order or Direction may be issued by an Animal Products Officer or to remedy any defects; export certification and/ or use of any NZFSA marks may be suspended; recognition of the laboratory may be cancelled or conditions varied or imposed; and/ or prosecution for offences may occur. 8.3 Recognised Agencies and Persons If an accreditation body withdraws, suspends or changes the accreditation status of a recognised agency or person, the accreditation body advises NZFSA Compliance and Investigation Group of the change in status, and NZFSA may: cancel recognition, vary any conditions subject to which an agency or person is recognised, or impose any new or additional conditions subject to which an agency or person is recognised. Recognition may be granted subject to conditions specified on the Notice of Recognition. These conditions may be revoked, amended or added to at any time by written notice, however, the conditions may not be varied without first giving the recognised agency the opportunity to make written submissions or to be heard in relation to the matter. An applicant must not perform any function or activity of a recognised agency until the Notice of Recognition has been received. Conditions for Recognition 12 June 2005

Every recognised agency must operate in accordance with any conditions specified by the NZFSA. The recognised agency must retain the Notice of Recognition for the duration of their recognition and make it available for audit purposes on request by an Animal Product Officer or NZFSA employee. The Notice of Recognition must be surrendered on the cessation of recognition or when required by the NZFSA. Recognition may be surrendered at any time by written notification to the NZFSA. The surrender will take effect 3 months after the notification is received or at an earlier date if agreed. The Notice of Recognition must be returned to the NZFSA by the end of the day on which the surrender takes effect. Where a recognised agency, through which a recognised person gained accreditation, ceases to be recognised or the recognised person leaves that recognised agency, then that person s recognition, in relation to that recognised agency, expires. The recognition of a agency or person may be cancelled or amended if: the agency or person concerned asks the Director-General to do so; the Director-General is satisfied that the agency or person no longer meets requirements; the Director-General is satisfied during the past 6 months there has been a breach of any conditions subject to which the agency or person was recognised; or the Director-General is satisfied that the agency or person has failed to comply with any Compliance Order or Direction under the Act. Where it is proposed to refuse recognition: the applicant will be notified in writing of this fact along with the reasons for the refusal; and the applicant will be provided with a summary of the information used to make the decision. The applicant may request a review of the proposed refusal. This request may be in the form of a written submission or the applicant may request to be heard in respect of the Conditions for Recognition 13 June 2005

matter. Note that the request should state the reasons why the applicant believes the proposed refusal is unjustified. Where the original proposal to refuse is upheld, the applicant will be notified of this decision in writing giving the reasons. This actual decision may in turn be reviewed. Agency recognition may be withdrawn at any time by written notice when: there was a failure to comply with a term, condition or performance criteria; or there was a failure to comply with any requirement of the Act; or the agency [or Directors] is no longer fit or proper to carry out the functions or activities for which the recognition was granted. The agency or person will have a reasonable opportunity to be heard before recognition is withdrawn. Where recognition is withdrawn, the affected party must surrender their Notice of Recognition to the NZFSA and take steps to notify all clients of the withdrawal. Where a person acting under the delegated authority of the Director-General performed the withdrawal, the affected agency may seek a review of that decision. A recognised agency that, without reasonable excuse, fails to comply with the duties set out in section 106 of the Act commits an offence. Failure to comply with the duties may result in a fine on summary conviction. Where a body corporate commits the offence, the fine may be up to $100,000. Where an individual commits the offence, the fine may be up to $25,000. A recognised person who, without reasonable excuse, fails to comply with the duties set out in section 107 of the Act, commits an offence. Failure to comply with the duties may result in a fine, not exceeding $50,000, on summary conviction. Conditions for Recognition 14 June 2005