New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, unless the context otherwise requires,—
Advertisement means—
(a) Any words, whether written, printed, or spoken; and
(b) Any pictorial representation, design, or device; and
(c) Any transmitted images or sounds, or both such images and sounds in association with one another,—
used or appearing to be used to promote the sale of any food or appliance; and includes any trade circular, any label, and any advertisement in any trade journal
Advertising material means material used or intended to be used as an advertisement
Agent, in relation to any food, includes any person who, not being the owner of the food, or a person appointed or employed as the agent or employee of the owner, is, with the consent or acquiescence of the owner, for the time being in possession or control of the food
Analyst means a person appointed to be an analyst under section 7 of this Act
Appliance includes the whole or any part of any utensil, machinery, instrument, apparatus, or article used or represented for use in or for the preparing, processing, manufacturing, packing, storing, carrying, delivering, or selling of any food; and includes any utensil, container, vessel, machinery, instrument, apparatus, or article used or capable of being used in the cleaning of any such appliance
Appliance: this definition was amended, as from 18 June 2002, by section 15 Food Amendment Act 2002 (2002 No 26) by inserting the words “container, vessel,”
after the word “utensil,”
. See sections 10 to 14 of that Act as to transitional matters.
Approved auditor means a person for the time being approved under section 8ZV of this Act to carry out periodic audits of food safety programmes adopted by persons who hold exemptions
Approved auditor: this definition was inserted, as from 1 July 1997, by section 2 Food Amendment Act (No 2) 1996 (1996 No 97).
Australia - New Zealand Joint Food Standards Agreement means the Agreement Between the Government of New Zealand and the Government of Australia Establishing a System for the Development of Joint Food Standards, done at Wellington on the 5th day of December 1995
Australia - New Zealand Joint Food Standards Agreement: this definition was inserted, as from 1 July 1996, by section 2 Food Amendment Act 1996 (1996 No 41).
Bulk cargo container means an article of transport equipment, being a lift van, movable tank, or other similar structure,—
(a) Of a permanent character and accordingly strong enough to be suitable for repeated use; and
(b) Specially designed to facilitate the carriage of goods by one or more modes of transport, without immediate repacking; and
(c) Fitted with devices permitting its ready handling and its transfer from one mode of transport to another; and
(d) So designed as to be easy to fill and empty; and
(e) Having an internal volume of one cubic metre or more;—
and includes the normal accessories and equipment of the container, when imported with the container and used exclusively with it; but does not include any vehicle, or any ordinary packing case, crate, box, or other similar article used for packing
Customs or the Customs has the meaning given to it by section 2(1) of the Customs and Excise Act 1996
Customs or the Customs: these definitions were inserted, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27).
Description includes any pictorial representation; and described has a corresponding meaning
Designated Officer, in any provision of this Act, means an officer for the time being designated by the Director-General for the purposes of that provision, or any provision or provisions of which it forms part; and includes the Director.
designated officer: this definition was inserted, as from 1 July 2002, by section 4(1) Food Amendment Act 2002 (2002 No 26). See sections 10 to 14 of that Act as to transitional matters.
Director means the person for the time being designated as Director under section 7A of this Act
Director: This definition was substituted, as from 23 March 1987, by section 6 Health Amendment Act 1987 (1987 No 10).
Director-General means the chief executive of the Ministry
Director-General: This definition was amended, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) by omitting the words “under the Health Act 1956”
.
Director-General: this definition was substituted, as from 1 July 2002, by section 4(1) Food Amendment Act 2002 (2002 No 26). See sections 10 to 14 of that Act as to transitional matters.
district means the district of a territorial authority
District: this definition was inserted, as from 1 July 1997, by section 2 Food Amendment Act (No 2) 1996 (1996 No 97).
District: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Enforcement authority, in Part 1A of this Act, means,—
(a) In relation to an exemption granted by the Director-General, the Director-General:
(b) In relation to an exemption granted by a territorial authority, that territorial authority:
Enforcement authority: this definition was inserted, as from 1 July 1997, by section 2 Food Amendment Act (No 2) 1996 (1996 No 97).
Entertainment includes any social gathering, amusement, exhibition, performance, game, sport, or trial of skill
Examine includes weigh, count, and measure; but does not include take or analyse samples
Exemption means an exemption granted under section 8F or section 8N of this Act
Exemption: this definition was inserted, as from 1 July 1997, by section 2 Food Amendment Act (No 2) 1996 (1996 No 97).
Food means anything that is used or represented for use as food or drink for human beings; and includes—
(a) Any ingredient or nutrient or other constituent of any food or drink, whether that ingredient or nutrient or other constituent is consumed or represented for consumption by human beings by itself or when used in the preparation of or mixed with or added to any food or drink; and
(b) Anything that is or is intended to be mixed with or added to any food or drink; and
(c) Chewing gum, and any ingredient of chewing gum, and anything that is or is intended to be mixed with or added to chewing gum:
Food safety programme has the meaning given to it in section 4A of this Act
Food safety programme: this definition was inserted, as from 1 July 1996, by section 2 Food Amendment Act 1996 (1996 No 41).
Food standard means a food standard issued under section 11C of this Act and for the time being in force
Food standard: this definition was inserted, as from 1 July 1996, by section 2 Food Amendment Act 1996 (1996 No 41).
Guideline means a guideline issued pursuant to section 8ZK of this Act and for the time being in force
Guideline: this definition was inserted, as from 1 July 1997, by section 2 Food Amendment Act (No 2) 1996 (1996 No 97).
Importer means any person by or for whom any goods are imported; and includes the consignee of any goods; and also includes any person who is or becomes—
(a) The owner of any goods; or
(b) Entitled to the possession of any goods; or
(c) Beneficially interested in any goods—
on or at any time after the importation of those goods and before they have ceased to be subject to the control of the Customs in accordance with the Customs and Excise Act 1996
Importer: this definition was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27) by substituting “Customs and Excise Act 1996”
for “Customs Act 1966”
.
Label means any written, pictorial, or other descriptive matter appearing on or attached to—
(a) The exterior of any food; or
(b) Any package containing a food;—
and labelled has a corresponding meaning
Labelling material means material used or intended to be used as a label
local authority inspector means the environmental health officer of a territorial authority
Local authority inspector: this definition was amended, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) by substituting the words “the environmental health officer”
for the words “the health inspector”
.
Local authority inspector: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Medical Officer of Health means the Medical Officer of Health appointed under the Health Act 1956 for a health district; and includes any Deputy Medical Officer of Health; and also includes any other officer acting under the direction of the Medical Officer of Health for any of the purposes of this Act
Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act
Minister: this definition was substituted, as from 1 July 2002, by section 4(1) Food Amendment Act 2002 (2002 No 26). See sections 10 to 14 of that Act as to transitional matters.
Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act
Ministry: this definition was inserted, as from 1 July 2002, by section 4(1) Food Amendment Act 2002 (2002 No 26). See sections 10 to 14 of that Act as to transitional matters.
Officer means an officer for the time being appointed under section 7
Officer: this definition was substituted, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Officer: this definition was substituted, as from 1 July 2002, by section 4(1) Food Amendment Act 2002 (2002 No 26). See sections 10 to 14 of that Act as to transitional matters.
Package includes anything in or by which goods for carriage or for sale may be cased, covered, enclosed, contained, or packed; and, in the case of goods sold or carried or intended for sale or carriage in more than one package, includes every such package
Port means either a Customs port or a Customs airport designated as such under section 9 of the Customs and Excise Act 1996
Port: this definition was substituted, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27).
Prescribed means prescribed by or under regulations made under this Act
Publish means—
(a) Insert in any newspaper or other periodical publication printed or published in New Zealand; or
(b) Send to any person through the Post Office or otherwise; or
(c) Deliver to any person or leave upon premises in the occupation of any person; or
(d) Broadcast within the meaning of the Broadcasting Act 1976; or
(e) Bring to the notice of the public in New Zealand in any other manner:
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
Territorial authority: this definition was inserted, as from 1 July 1997, by section 2 Food Amendment Act (No 2) 1996 (1996 No 97).
Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Vehicle includes an aircraft, a hovercraft, and a ship.
Compare: 1969 No 7 s 2; 1979 No 27 s 2; 1979 No 59 s 8(3)