Call for the Provision of Data (Production of Whey Powder) Notice 2010

Pursuant to section 161D of the Climate Change Response Act 2002, I, Hon Nick Smith, Minister for Climate Change Issues, give the following notice requiring information on the Production of Whey Powder to determine the emissions-intensity of this activity and the allocative baseline or baselines of the products of the activity.

Notice

1. Title and commencement—(1) This notice may be cited as the Call for the Provision of Data (Production of Whey Powder) Notice 2010.

(2) This notice takes effect from and including 18 May 2010.

2. Interpretation—(1) Unless the context otherwise requires:

Act means the Climate Change Response Act 2002.

Activity outputs are the outputs used for the calculation of the revenue of the activity and mean the outputs specified in clause 2(2).

Bases of preparation means the form available at
www.climatechange.govt.nz/industrialallocation

Data collection rules means the methodologies for data collection specified in Schedule 1 of this notice.

Declaration means the statement of declaration located at
www.climatechange.govt.nz/industrialallocation

Excluded emissions means the emissions specified in Schedule 3 of this notice.

Financial years means the financial years beginning on 1 July and ending on 30 June for each of the periods 2006/2007, 2007/2008 and 2008/2009 during which the person carried out the activity.

Included emissions means the emissions specified in Schedule 2 of this notice from the sources listed in Emissions Rule 1 of Schedule 1.

Product (basis of allocation) means the total tonnes of dry weight whey powder that are:

(a) produced by carrying on the activity as described; and

(b) of saleable quality.

Specified Template means the table template located at
www.climatechange.govt.nz/industrialallocation

(2) Activity means the physical and chemical transformation of whey, which consists of residual water and milk solids following the separation of curd from a milk based coagulation process such as cheese or casein curd manufacture, into whey powder, where the output is whey powder which must meet compositional standards in the Codex Standard 289-1995 for whey powders and have milk-derived protein content no greater than 33% w/w on an “as is” basis.

(3) Saleable has its ordinary meaning as understood by participants in the relevant market, subject to subclauses (a) to (d):

(a) Saleable is an output produced to a level at which it would ordinarily be considered by participants in the relevant market:

(i) to be the output of the process; and

(ii) to have a commercial value as that output.

(b) A sub-standard product which is discarded is taken not to be saleable or of saleable quality.

(c) An output which is recycled back while carrying out the activity as defined to produce a new output is not saleable or of saleable quality.

(d) Material which is scrapped or lost before it is packaged as a product that is saleable or of saleable quality:

(i) is not saleable or of saleable quality; and

(ii) is not to be included in an amount of product (basis of allocation).

(4) Expressions defined in the Act have the same meaning in this notice as they do in the Act unless the context otherwise requires.