New Zealand Legislation: Acts

8N Procedure where application made to territorial authority

• (1) On receiving an application made under section 8B of this Act, the territorial authority, if it is satisfied—

  • (a) That the applicant has adopted a food safety programme; and

  • (b) That guidelines are in force that set standard criteria which that food safety programme must satisfy; and

  • (c) That the food safety programme satisfies those standard criteria; and

  • (d) That the applicant will take all reasonable steps to comply with all relevant provisions of this Act, all relevant provisions of regulations made under this Act (other than the Food Hygiene Regulations 1974), and with all applicable food standards; and

  • (e) That the granting of the exemption is appropriate, having regard to all relevant circumstances,—

  may exempt the applicant from the provisions of the Food Hygiene Regulations 1974 in respect of any premises of the applicant, or any vehicle of the applicant, or both.

  (2) On receiving an application made under section 8B of this Act, the territorial authority, if it is satisfied—

  • (a) That the applicant has adopted a food safety programme; but

  • (b) That no guidelines are in force that set standard criteria which that food safety programme must satisfy; and

  • (c) That the application otherwise satisfies the requirements of paragraphs (d) and (e) of subsection (1) of this section,—

  shall refer the application to the Director-General for determination pursuant to section 8O of this Act.

  (3) Where, pursuant to section 8O(3) or section 8X(1)(b) of this Act, the Director-General directs a territorial authority to grant an exemption, the territorial authority shall, in accordance with that direction, grant the exemption accordingly.

  Part 1A, comprising sections 8A to 8ZZG, was inserted, as from 1 July 1997, by section 3 Food Amendment Act (No 2) 1996 (1996 No 97).