Wine Notice Exemption from Wine Standards Management Plan. 26 November 2015 A wine notice issued under the Wine Act 2003
TITLE Wine Notice: Exemption from Wine Standards Management Plan COMMENCEMENT This Wine Notice comes into force on 26 November 2015. REVOCATION This Wine Notice revokes and replaces the Wine Notice: Exemption from Wine Standards Management Plan Notice 6 issued 26 June 2014. ISSUING AUTHORITY This Wine Notice is issued under sections 11 and 120 of the Wine Act 2003, having complied with the matters in sections 11(2), 115 and 116 of the Act. Dated at Wellington this 26 day of November 2015 [SIGNED] Peter Thomson Director, Plants, Food & Environment Ministry for Primary Industries (acting under delegated authority of the Director General) Contact for further information Ministry for Primary Industries (MPI) Regulation and Assurance Branch Plants, Food and Environment Directorate PO Box 2526, Wellington 6140 Email: wine.query@mpi.govt.nz Ministry for Primary Industries Page 1 of 5
Contents Page Introduction 3 Part 1: Requirements 4 1.1 Application 4 1.2 Definitions 4 1.3 Exemption 4 1.4 Conditions 4 Schedule 1 Winemakers exempt from operating under a registered WSMP 5 Ministry for Primary Industries Page 2 of 5
Introduction This introduction is not part of the Wine Notice, but is intended to indicate its general effect. Purpose The purpose of this Wine Notice is to exempt certain winemakers from the requirement to operate under a registered Wine Standards Management Plan (WSMP) for a specified period and under certain conditions. Background Section 9 of the Wine Act 2003 requires all winemakers to operate under a registered WSMP for their winerelated operations unless exempt under section 11. An exemption may only be granted by the Director-General (DG) under section 11 of the Wine Act 2003 if the risk to human health of providing the exemption is negligible and the risk of damage to trade is also negligible. Under section 8AB of the Food Act 1981 winemakers are exempt from the requirements of the Food Hygiene Regulations 1974 (or an appropriate food safety programme) in respect of any operations carried out under a WSMP registered under the Wine Act 2003. As exempt winemakers will not be carrying out their winemaking operations under a registered WSMP, they must operate under an appropriate food safety programme under the Food Act 1981, or meet the requirements of the Food Hygiene Regulations 1974 for their winemaking operations. From 1 March 2019, winemakers listed in Schedule 1 of this Notice must either: a) apply to register a WSMP under the Wine Act 2003; or b) apply to include their winemaking operations in a registered food control plan or national programme level 3 under section 27(2) of the Food Act 2014. Who should read this Wine Notice? The persons who should read this Notice are winemakers listed in Schedule 1. Why is this important? Businesses that produce food and grape wine, fruit wine and/or vegetable wine are required to register and operate under a WSMP under the Wine Act 2003. This is in addition to meeting requirements under the Food Act 1981. This Notice enables the winemakers listed in Schedule 1 of this Notice, who are not exporting New Zealand grape wine, to register and operate under a food safety programme or the Food Hygiene Regulations 1974. Winemakers specified in Schedule 1 are exempt from the requirement to operate under a registered WSMP. Any grape wine produced under this exemption cannot be exported. Ministry for Primary Industries Page 3 of 5
Part 1: Requirements 1.1 Application (1) This Notice applies to the winemakers listed in Schedule 1. 1.2 Definitions (1) In this Notice, unless the context of the Notice otherwise requires: DG means the director-general for the Ministry for Primary Industries exempt winemaker means a winemaker exempt under clause 1.3 from the requirement to operate under a registered Wine Standards Management Plan. Food Safety Programme means an approved food safety programme within the meaning of the Food Act 1981. Food businesses that are operating under a registered Food Safety Programme are exempt from the Food Hygiene Regulations 1974. (2) All terms used in this Notice and that are defined by or under the Wine Act 2003, or regulations made under that Act, but not defined in this Notice, have the same meaning as in the Act or regulations where it is defined. 1.3 Exemption (1) A winemaker listed in Schedule 1 is exempt from the requirement to operate under a registered WSMP for the winemaker s winemaking operations: a) until 1 March 2019; and b) under the conditions specified in clause 1.4. 1.4 Conditions (1) An exempt winemaker must notify the DG, in writing, as soon as possible when the nature or scope of the winemaker s operation changes. (2) An exempt winemaker must not make grape wine for export from New Zealand. Ministry for Primary Industries Page 4 of 5
Schedule 1 Winemakers exempt from operating under a registered WSMP Exempt Winemakers 660 Main Road Stoke Limited trading as McCashin s Brewery, Nelson Alpine Gold (Central Otago) Limited, Cromwell D B South Island Brewery Limited, Washdyke, Timaru DB Breweries Limited trading as Monteith s Brewery, Greymouth DB Breweries Limited, Otahuhu, Auckland Graeme Alexander Murray trading as Tullybarden Wines, Nelson Hawke s Bay Independent Brewery Limited, Napier Invercargill Brewery Limited, Invercargill Moa Brewing Company Limited, Blenheim Sprig & Fern Limited, Nelson St Andrews Holdings Limited trading as Harrington s Breweries, Christchurch Steam Brewing Company Limited, Auckland Townshend Brewery Limited, Nelson Ministry for Primary Industries Page 5 of 5