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What is a non-conformance

You must notify MPI if product, live animals, or germplasm you have exported or are about to export:

  • is not fit for the intended purpose (regardless of when it was detected). This may be due to any event which occurred (or could have occurred) prior to entry into the destination country
  • has been refused entry by the government of the destination country
  • does not meet (or no longer meets) the relevant Overseas Market Access Requirements
  • does not have (or no longer has) the required official assurances.

Animal Products Act 1999, Part 5, Section 51: Duties of exporters – NZ Legislation

How to report non-conformances

If you export wine or animal products and they become non-conforming (non-compliant), you must notify the Ministry for Primary Industries (MPI) as soon as possible. This must not be later than 24 hours after the event or after you find out about it.

For products that have not yet left New Zealand, your obligation to notify MPI begins at the time the product leaves the final MPI registered or listed operator. This excludes transporters.

For animal products, live animals, and germplasm

You can use this form to report your non-conformance. 

Exporter non-conformance reporting form under the Animal Products Act

For wine

Refer to Critical and export non-compliance of wine

If you're not sure it's a non-conformance

The export non-conformance (ENC) guidance document and decision tree have more information about the process for animal products. They will help you decide whether the issue should be reported as an export non-conformance or not.

If you're still not sure, contact us.

Why you need to report promptly

Export non-conformances (ENCs) can have a serious impact on trade and compromise New Zealand's reputation as a trusted supplier of food and food-related products. As an exporter, you are legally obliged to report them within 24 hours.

If you fail to comply with these obligations, even unintentionally, you can be fined. For full details, check the relevant Act.

Help with non-conformance issues

In some cases, MPI may be able to help you resolve market access issues. MPI can help only if you have notified the non-conformance and provided all the relevant details.

Get a replacement export certificate

If your products have been refused entry at the border due to export certificate errors, and you need a replacement certificate or additional official assurance, you must follow the normal certificate replacement process. This is in addition to reporting the export non-conformance.

For animal products

Follow the specifications for replacement certificates in these Notices.

Animal Products Notice: Official Assurance Requirements [PDF, 495 KB]

Animal Products Notice: Official Assurance Requirements for Live Animals and Germplasm [PDF, 347 KB]

For wine

Refer to Critical and export non-compliance of wine

Bringing exports back into NZ

Meet biosecurity requirements

If you are bringing returned animal products back into New Zealand, you must first meet the biosecurity requirements outlined in the Returned New Zealand Animal Products Import Health Standard (IHS).

Returned New Zealand Animal Products IHS [PDF, 347 KB]

Returned animal products for re-export

If you intend to re-export your returned animal product with an MPI official assurance, you must also be able to provide evidence that it hasn't been opened or changed (evidence of non-manipulation). Your returned product may be inspected.

For non-dairy animal products, you must comply with the requirements in OMAR 01/172.

OMAR 01/172 Import of foreign animal material and products and return to NZ for domestic use or export [PDF, 168 KB]

For dairy products, you need to complete the form below and send it to food.assurance@mpi.govt.nz

Exported dairy product returned to New Zealand [DOCX, 84 KB]

Live animals and germplasm

Due to disease risks, there are limited situations where live animals can be brought back to New Zealand.

For guidance, email animal.imports@mpi.govt.nz

Wine

If you are bringing your wine back into New Zealand, notify MPI by emailing details to wine.query@mpi.govt.nz