2‑1 Milk and milk products that are pres2‑1 Milk and milk products that are prescribed goods

2‑1 Milk and milk products that are prescribed goods

(1) For the purposes of subsection 28(1) of the Act and subject to subsection (3) of this section, goods that: (a) are milk or milk products derived from a bovine animal; and (b) are intended to be exported as food; are prescribed for the purposes of the Act.

Note 1: For food, see section 12 of the Act.

Note 2: Milk or milk products covered by this subsection are taken not to be prescribed goods for the purposes of the Act in the circumstances prescribed by section 2‑2 of this instrument (see the definition of prescribed goods in section 12 of the Act).

(2) If: (a) milk or milk products of a kind referred to in a paragraph of subsection (3) are intended to be exported to a country (the importing country); and (b) for the purpose of meeting an importing country requirement of that country, one or more requirements of the Act must be complied with; then, for the purposes of subsection 28(1) of the Act, the milk or milk products that are intended to be exported to the importing country are prescribed for the purposes of the Act.

Note: Example: Ice cream would be prescribed if a requirement of the Act would need to be complied with in relation to the ice cream for the purpose of meeting an importing country requirement.

Note: The Act will apply to milk and milk products to which this subsection applies in the same way as it applies to goods prescribed for the purposes of the Act under subsection (1).

(3) The following goods are not prescribed for the purposes of subsection 28(1) of the Act unless subsection (2) of this section applies in relation to the goods: (a) ice cream; (b) cheesecakes, Bavarian desserts and similar desserts; (c) colostrum; (d) milk or milk products encased in pastry or a fruit or vegetable product; (e) milk products where milk or milk products are not the major component; (f) milk or milk products that are derived from the lacteal secretion obtained from an animal other than a bovine animal; (g) milk or milk products that are animal food or pharmaceutical material; (h) any other milk or milk products that are not covered by subsection (1) of this section; (i) liquid milk and milk products exported in a consignment of not more than 10 litres; (j) milk or milk products not covered by paragraphs (a) to (i) exported in a consignment of not more than 10 kilograms; (k) milk or milk products in the form of a tablet or capsule; (l) milk or milk products for export to New Zealand.