Reprint as at 1 March 2017

Coat of Arms of New Zealand

Food Act 2014

Public Act
 
2014 No 32
Date of assent
 
6 June 2014
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.

Contents

1Title
2Commencement
3Overview
4Purpose
5Application of Act
6Relationship between this Act and Animal Products Act 1999 and Wine Act 2003
7Act binds the Crown
8Interpretation
9Meaning of food
10Meaning of food business
11Meaning of processing and handling
12Meaning of safety and suitability
13Meaning of sale
14Primary duty of persons who trade in food
15Principles governing relationships between Minister, chief executive, and territorial authorities
16Principles to be applied in performing functions or duties, or exercising powers, under this Act
17Role of Minister
18Role of chief executive
19Role of territorial authorities
20Overview of this Part
21Classification of food sectors for purpose of assigning applicable risk-based measures
22Power to amend Schedules 1 to 3 by Order in Council
23Determining applicable risk-based measure for food businesses that come within food sectors not classified in Schedules 1 to 3
24Food business not subject to risk-based measure only because it imports food
25Determining applicable risk-based measure for food businesses that overlap 2 or more food sectors
26Operator of food business may choose to operate under food control plan even if food business is in food sector classified under lower level of risk
27Winemaker may apply for winemaking operations to be included under registered food control plan or national programme
28Requirement to operate under applicable risk-based measure
29Exception to section 28
30Where food control plan and national programme do not apply
31Exemption from food control plan and national programme if trading in food for certain fund-raising
32Exemption does not apply in prescribed circumstances
33Chief executive may grant exemption from requirement to operate under registered food control plan or national programme
34Chief executive may delegate functions, duties, or powers under section 33 to territorial authorities
35Purpose of this subpart
36Food control plan: general description
37Food control plan: coverage
38Food control plan: based on official template or model
39Food control plan: chief executive’s power to issue official template or model
40Food control plan: chief executive’s power to approve official template or model developed by third party
41Food control plan: form
42Food control plan: contents
43Regulations about food control plans
44Chief executive’s power to amend, replace, or revoke template or model issued under section 39
45Operator may amend food control plan based on template or model issued under section 39 or approved under section 40
46Operator may amend food control plan not based on official template or model
47Sections 53 to 57, 59, and 60 apply to applications for registration of amended food control plans
48Food control plans must be registered
49Requirements of Act to prevail in cases of inconsistency with registered food control plan
50Duties of operators of registered food control plans
51Operator of registered food control plan must notify registration authority of significant change in circumstances
52Application for registration: who is appropriate registration authority
53Application for registration: form and content
54Registration authority may refuse to process application for registration
55Registration authority may require further information
56Criteria for registration of food control plan
57Refusal to register food control plan
58Applicants for registration must notify registration authority of significant change in circumstances
59Registration of food control plan
60Registration authority may impose conditions on registration of food control plan
61Duration of registration
62Mandatory suspension
63Registration authority may extend mandatory suspension
64Voluntary suspension
65Effect of suspension
66Removal from public register
67Cancellation of registration
68Effective date of cancellation
69Effect of cancellation of registration
70Removal of food business from coverage of food control plan
71Surrender of registration
72Effective date of surrender
73Purpose of this subpart
74National programme: general description
75How national programme may be imposed
76Regulations about national programmes
77National programme not invalid on certain grounds
78Requirements of national programme to prevail in cases of inconsistency with other regulations or specifications made under this Act
79Food businesses subject to national programme must be registered
80Duties of operators of food businesses subject to national programme
81Operators of food businesses subject to national programme must notify registration authority of significant change in circumstances
82Application for registration: who is appropriate registration authority
83Application for registration: form and content
84Registration authority may refuse to process application for registration
85Registration authority may require further information
86Criteria for registration of food business subject to national programme
87Refusal to register food business subject to national programme
88Registration of food business subject to national programme
89Registration authority may impose conditions on registration of food business
90Mandatory suspension
91Registration authority may extend mandatory suspension
92Voluntary suspension
93Effect of suspension
94Removal from public register
95Cancellation of registration
96Effective date of cancellation
97Effect of cancellation of registration
98Surrender of registration
99Effective date of surrender
100Purpose of this subpart
101Monitoring programme: general description
102Monitoring programme: scope
103Regulations about monitoring programmes
104Chief executive may specify certain matters by notice
105Monitoring programme not invalid on certain grounds
106Purpose of this Part
107Interpretation
108Restriction on importation of food for purpose of sale
109Food clearance
110Duties of importer
111Duty of registered importer
112Who must be registered
113Application for registration
114Chief executive may refuse to process application for registration
115Chief executive may require further information
116Criteria for approval of application for registration
117Refusal to register
118Registration
119Duration of registration
120Registration may not be transferred
121Registered importers must notify chief executive of significant change in circumstances
122Mandatory suspension
123Chief executive may extend mandatory suspension
124Voluntary suspension
125Effect of suspension
126Removal from public register
127Cancellation of registration
128Effective date of cancellation
129Effect of cancellation of registration
130Surrender of registration
131Effective date of surrender
132Border information supplied using JBMS must be supplied in approved form and manner
133Duty to use JBMS to supply border information
134Outline of this subpart
135Recognition of agencies
136Recognition of certain agencies without application
137Recognition of territorial authorities for certain verification functions and activities
138Review of operation of section 137
139Recognition of persons
140Recognition of certain persons without application
141Recognition of classes of persons
142Interrelationship between sections 135, 136, and 139 to 141
143Application for recognition
144Chief executive may require further information
145Proposal to refuse application to recognise agency, person, or class of persons
146Proposal to exclude members, or categories of members, from recognition of class
147Chief executive may impose or vary conditions of recognition
148Grant of recognition
149Scope, effect, and transfer of recognition
150Duration of recognition
151Renewal of recognition before expiry
152Application for renewal of recognition
153Substituted notice of recognition
154Ongoing recognition fees, charges, or levies
155Duties of recognised agencies
156Duties of recognised persons
157Recognised agency or person may act in other capacities
158Suspension of recognition of recognised agency, etc
159Chief executive may extend suspension
160Method of suspension of recognition
161Suspension does not limit other actions
162Withdrawal of recognition of recognised agency or recognised person
163Withdrawal of recognition of recognised class
164Method of withdrawal of recognition
165Surrender of recognition
166Effective date of surrender
167Removal from public register
168Notification to category or class of persons
169Means of consultation
170Chief executive may require notification of termination of contracts
171Chief executive must consider exemption, waiver, or refund of fees
172Liability for loss
173Functions of territorial authority
174Duties of territorial authority
175Minister may issue national outcomes for territorial authorities
176Transfer of functions, duties, and powers to territorial authority or regional council
177Effect of transfer to territorial authority or regional council
178Records of transfer
179Transfer of functions, duties, and powers to chief executive
180Transfer agreement
181Effect of transfer to chief executive
182Change, revocation, or relinquishment of transfer
183Records of transfer, change, etc
184Powers of chief executive for monitoring performance of functions and duties and exercise of powers
185Reviews initiated by Minister
186Terms of reference
187Minister to consult on terms of reference
188Appointment of person to conduct review
189Powers of reviewer
190Conduct of review
191Report of review
192Part 10 of Local Government Act 2002 not affected
193Powers of Minister in relation to non-performance by territorial authority
194Requirements for appointment
195Effect of appointment
196Duration of appointment
197Costs, charges, and expenses incurred
198Principles of cost recovery
199Methods of cost recovery
200Territorial authority responsible for collection
201Cost recovery to relate generally to financial year
202Three-yearly review of cost recovery
203Regulations about fees, charges, and levies
204Regulations may impose fees and charges
205Territorial authority to set fees
206Regulations may prescribe methodology or framework for fee fixing
207Regulations may impose levies
208Regulations may provide for exemptions, waivers, and refunds
209Trust accounts required to be kept by persons collecting levies
210Other charges not requiring to be prescribed
211Fees, charges, and levies to constitute debt
212Penalties for failure to pay fee, charge, or levy
213Dispute does not suspend obligation to pay fee, charge, levy, or penalty
214Levy regulations are confirmable instruments
215Penalty for failure to pay statutory fees, etc
216Waiver of penalty
217Services may be withdrawn until debt paid
218Proceedings for infringement notices
219Issue and cancellation of infringement notices
220Form of infringement notice
221Payment of infringement fees
222Offence involving knowingly or recklessly endangering or harming
223Offence involving knowingly or recklessly creating or increasing risk
224Offence involving negligently endangering, harming, creating risk, or increasing risk
225Offences involving intentionally defeating purpose of Act or deceiving in relation to documents or information
226Offences involving documents or information
227Offences involving intentionally defeating purpose of Act or deceiving in relation to identifying or representing food
228Offences involving identifying or representing food
229Offences involving intentionally defeating purpose of Act or deceiving in relation to sampling, testing, or evidence
230Offences involving intentionally defeating purpose of Act or deceiving in relation to statements
231Offences involving statements
232Offence involving knowingly or recklessly selling non-complying food
233Offences involving knowingly or recklessly importing non-complying food
234Offences involving imported food
235Offence involving intentionally hindering or obstructing official
236Offence involving threatening or assaulting official
237Offence involving intentionally deceiving by pretending to be official
238Offences involving publishing non-complying advertisement
239Offences involving automated electronic system
240Offence involving breaching or failing to carry out duty
241Offence involving breaching or failing to comply with suspension, direction, or improvement notice
242Offence involving breaching or failing to comply with order
243Offence involving breaching or failing to comply with food standard, etc
244Offence involving breaching or failing to comply with requirement
245Liability of body corporate
246Liability of body corporate, principal, or individual
247Liability of director or manager of body corporate
248Parties to offences
249Defences for liability arising under section 246 or 248
250Charging documents
251Defence in prosecution for strict liability offence, except advertising offence
252Defences in prosecution for advertising offence
253Defences in prosecution for selling non-complying food
254Defence in prosecution of body corporate, principal, or individual for action of director, agent, or employee
255Defence in prosecution of importer, producer, processor and handler, manufacturing rights owner, or packer
256Employees and agents have same defences
257Prosecutor to be notified of defences
258Standard of proof for establishing defence
259Evidence of requirement of this Act
260Evidence of person’s documents
261Evidence of testing
262Evidence of office
263Application of sections 264 to 267
264Presumption as to contents and label
265Presumption as to possession for sale
266Presumption as to sample
267Presumption as to electronic identification
268Application of sections 269 to 273
269Order to pay amount because of commercial gain
270Order to pay expenses
271Order to forfeit and dispose of food or food-related accessory
272Order to withdraw material
273Order to restrict or prohibit trading in food
274Sentencing criteria
275Fines or amounts to be paid to prosecuting territorial authority
276Appoint food safety officers
277Suspend or cancel appointments of food safety officers
278Give general directions on functions, duties, or powers
279Give directions on seized imported food or food-related accessory
280Persons to whom directions may be given under sections 281 to 286
281Give general directions to operators and other persons required to comply with Act
282Give directions to complete and supply declarations
283Give directions to impose movement or related controls
284Give directions to recall food or food-related accessory
285Give directions to manage food or food-related accessory
286Give directions to publish statement
287Supplementary provisions about directions under sections 281 to 286
288Service of directions under sections 281 to 286
289Publish privileged statements
290Give statement about compliance with New Zealand requirements
291Approvals by chief executive
292Require production of information for purpose of determining safety and suitability of food
293Require production of information if reasonable belief that requirement of this Act has been breached
294Verifiers’ rights of access and certain verifier powers
295Recognised persons’ rights of access
296Powers in sections 292 and 293 exercisable by food safety officers
297Power to ask for assistance
298Purposes of powers in sections 296, 299 to 308, and 310 to 312
299Powers to facilitate entry, search, and seizure
300Information powers and evidence gathering
301Powers of examination, identification, and rectification, and associated detention powers
302Power to issue improvement notice
303Review of improvement notice
304Powers to take, purchase, and sample
305Power to interrupt operations and give certain directions
306Powers to seize, condemn, and require disposal
307Power to restrict use of or close place
308Other powers
309Means of exercising powers in sections 299 to 308
310Powers to enter
311Power to enter without search warrant
312Power to test samples of food or examples of food-related accessories
313Duties relating to imported consignments
314Detaining food or food-related accessory seized
315Exporting or returning imported food or food-related accessory that has been detained
316Releasing food or food-related accessory that has been detained
317Application to District Court for return of seized food or food-related accessory
318District Court may order return of seized food or food-related accessory
319Food or food-related accessory unable to be released
320Reasonable belief by food safety officer
321Matters may be completed by different food safety officer
322Application for search warrant
323Issue of search warrant
324Who can execute search warrant
325Use of copy of search warrant
326Powers under search warrant
327Carrying out search powers
328Disposal of property seized under search warrant
329Retention of documents
330Meaning of compliance order
331Application for compliance order
332Notification of application
333Right to be heard on application
334Decision on application
335Interim compliance orders
336Form and content of interim compliance order or compliance order
337Change or cancellation of interim compliance order or compliance order
338Compliance with interim compliance order or compliance order
339Appeals to High Court
340Appeals to Court of Appeal or Supreme Court
341Effect of appeal
342Rules of court
343Exemption by Order in Council from application of this Act generally
344When Minister may recommend exemption under section 343
345Exemption by Order in Council for certain exports
346When Minister may recommend exemption under section 345
347Exemption by chief executive
348Relationship between sections 345 and 347 and Animal Products Act 1999
349Exemption for certain persons covered by Animal Products Act 1999
350Exemption for certain persons covered by Wine Act 2003
351Protection from civil and criminal liability
352Immunity of food donors
353Chief executive may delegate
354Application of sections 355 to 360
355Application for review
356Requirements for application for review
357Procedure for review of decision by chief executive or chief executive’s delegate
358Procedure for review of decision by relevant territorial authority
359Effect of review
360Reviewer may require payment of costs in review of decision by relevant territorial authority
361Chief executive must enter outcome of review decisions in public register
362Appeal to District Court against review decision
363Procedure for appeal
364Appeal to High Court on question of law
365Further appeals to Court of Appeal or Supreme Court
366Review decision to continue in force pending appeal
367Collecting and keeping information
368Disclosing information inside New Zealand: application of section 369
369Disclosing information inside New Zealand: rules
370Disclosing information outside New Zealand: rules
371Disclosing information outside New Zealand: under agreement
372Variation and review of agreement
373Disclosing information outside New Zealand: urgent action required
374Arrangement for system
375Effect of use of system
376Notification to Minister, chief executive, territorial authority, or food safety officer
377Notification to other persons who assist in administration of Act
378Notification to other persons
379Consultation: Minister’s powers
380Consultation: chief executive’s powers
381Regulations: what they can apply to and what they can do
382Regulations: how they apply to stock in trade
383Regulations about standards in relation to food
384Regulations about risk-based measures and related matters
385Regulations about grading schemes
386Regulations about approved documents, materials, or facilities, or persons or classes of persons
387Regulations about imported food
388Regulations about verification functions in relation to importers
389Regulations about recognised agencies, persons, and classes of persons
390Regulations about information
391Regulations about offences
392Regulations about administrative matters
393Regulations about definitions
394Regulations for purposes of section 368
395Regulations about other matters
396Purpose of sections 397 to 402
397Minister may adopt joint food standards
398Issue, notification, and availability of adopted joint food standards
399Application of Legislation Act 2012 to adopted joint food standard
400Amendment and revocation of adopted joint food standards
401Minister must not delegate power to adopt joint food standards
402Proof of adopted joint food standards
403Purpose of section 404
404Minister may issue domestic food standards
405Notices relating to general matters
406Notices relating to specifications or requirements for specific matters
407Notices: consultation
408Notices: publication
409Application of Legislation Act 2012 to certain notices
410Power to issue emergency notice
411Notification and duration of emergency notice
412Emergency notice prevails
413Overview of transitional provisions
414Interpretation
415Meaning of Act’s introductory period
416Meaning of authorised transition period
417Regulations extending end date of Act’s introductory period
418Regulations specifying or extending end date of authorised transition period
419Early commencement food safety officers
420Pre-commencement legislative requirements: Food Act 1981 and regulations
421Pre-commencement standards
422Pre-commencement food
423Pre-commencement consultation
424Pre-commencement food safety officers
425Pre-commencement offences
426New legislative requirements
427Notices during authorised transition period
428Statements about food produced or processed and handled under Food Act 1981
429New food safety officers
430Pre-commencement registered food safety programme
431Pre-commencement application for exemption under Food Act 1981
432Deemed food control plans under sections 430 and 431
433Duration of deemed food control plans under sections 430 and 431
434Food business now covered
435Approved auditors under Food Act 1981
436Agencies managing approved auditors under Food Act 1981
437Notices about approved auditors and agencies
438Importers listed for purposes of Food Act 1981
439Regulations about transitional matters
440Regulations about cost recovery
441Consultation about proposed regulations
442Requirements for notices issued by chief executive
443Further provisions for public registers are in Schedule 5
444Material incorporated by reference
445References to standard works
446Relationship with local authority bylaws
447Consequential amendments and repeals and revocations
Reprint notes

The Parliament of New Zealand enacts as follows: