New Zealand Legislation: Acts

8O Applications referred to Director-General

• (1) Where, pursuant to section 8N(2) of this Act, an application is referred to the Director-General, the Director-General shall decide whether or not the food safety programme adopted by the applicant is appropriate.

  (2) Section 8G of this Act shall apply for the purposes of deciding, pursuant to this section, whether or not a food safety programme is appropriate.

  (3) If the Director-General, after considering an application in accordance with this section, decides that the food safety programme adopted by the applicant is appropriate,—

  • (a) The Director-General shall direct the relevant territorial authority to grant an exemption to the applicant; and

  • (b) The Director-General shall specify in that direction,—

    • (i) The terms of the exemption; and

    • (ii) The conditions (if any) to which the exemption is to be subject; and

    • (iii) Unless the exemption is to have effect indefinitely, the term of the exemption.

  (4) Subject to subsection (5) of this section, if the Director-General, after considering an application in accordance with this section, is not satisfied that the food safety programme adopted by the applicant is appropriate, the Director-General shall direct the relevant territorial authority to refuse to grant an exemption to the applicant, and the territorial authority shall refuse to grant the exemption accordingly.

  (5) If the Director-General proposes to give a direction pursuant to subsection (4) of this section, the Director-General shall give the applicant—

  • (a) A notice containing such particulars as will clearly inform the applicant of the substance of the grounds on which the Director-General proposes to give the direction; and

  • (b) A copy of any information on which the Director-General relies in proposing to give the direction; and

  • (c) A reasonable opportunity to make written submissions in respect of the matter.

  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).