16 Principles to be applied in performing functions or duties, or exercising powers, under this Act

(1)

In performing functions or duties, or exercising powers, under this Act (either individually or collectively), the Minister, the chief executive, and all territorial authorities must have regard to the following principles to the extent that they are relevant to those functions, duties, or powers:

(a)

the need to achieve the safety and suitability of food:

(b)

the need to require persons who operate food businesses or otherwise trade in food to take responsibility for the safety and suitability of food:

(c)

the need to promote standards and control mechanisms that are, as far as practicable, risk-based and science-based:

(d)

the need to minimise compliance costs for food businesses and, in particular, for food businesses that operate under a private or industry programme that achieves the purpose of this Act:

(e)

the importance of ensuring that regulatory requirements are applied consistently and fairly across sectors and groups in relation to factors such as risk, including, without limitation,—

(i)

the risks that are inherent in the type of food produced:

(ii)

the risks that may arise from the processing and handling of food:

(iii)

the intended use of the food, and whether it is intended to be consumed by vulnerable populations:

(iv)

the scale of the operations of food businesses within the sector or group, and the extent of distribution of the food in which they trade:

(f)

the importance of providing services in a co-ordinated and coherent manner as far as practicable.

(2)

If there is a conflict in any case between the need to achieve the safety of food and any other principle in subsection (1), greater weight must be given to the need to achieve the safety of food.