Food Safety Law Reform Act 2018

Coat of Arms of New Zealand

Food Safety Law Reform Act 2018

Public Act
 
2018 No 3
Date of assent
 
1 March 2018
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 9 amended (Meaning of food)
5Section 18 amended (Role of chief executive)
6Section 41 replaced (Food control plan: form)
41Food control plan: form
7Section 42 amended (Food control plan: contents)
8Section 43 amended (Regulations about food control plans)
9Section 53 amended (Application for registration: form and content)
10Section 56 amended (Criteria for registration of food control plan)
11Section 58 amended (Applicants for registration must notify registration authority of significant change in circumstances)
12New section 61A inserted (Clarity of food control plans not based on official template or model)
61AClarity of food control plans not based on official template or model
13Section 62 amended (Mandatory suspension)
14Section 67 amended (Cancellation of registration)
15Section 74 amended (National programme: general description)
16Section 75 amended (How national programme may be imposed)
17Section 76 amended (Regulations about national programmes)
18Section 78 amended (Requirements of national programme to prevail in cases of inconsistency with other regulations or specifications made under this Act)
19Section 83 amended (Application for registration: form and content)
20Section 103 amended (Regulations about monitoring programmes)
21Section 104 amended (Chief executive may specify certain matters by notice)
22Section 110 amended (Duties of importer)
23New Part 3A inserted
133AApplication of this subpart
133BTracing and recall
133CRegulations and notices relating to tracing and recall of food
133DApplication
133EVerification
133FRegulations and notices relating to verification
24New section 157A inserted (Recognised agency and recognised person accountable to chief executive)
157ARecognised agency and recognised person accountable to chief executive
25Section 174 amended (Duties of territorial authority)
26Section 204 amended (Regulations may impose fees and charges)
27Section 292 amended (Require production of information for purpose of determining safety and suitability of food)
28New section 292A inserted (Chief executive may require information to determine safety of food)
292AChief executive may require information to determine safety of food
29Cross-heading above section 294 replaced
30Section 294 amended (Verifiers’ rights of access and certain verifier powers)
31Section 295 amended (Recognised persons’ rights of access)
32Section 321 amended (Matters may be completed by different food safety officer)
33Section 322 amended (Application for search warrant)
34Section 353 amended (Chief executive may delegate)
35Section 381 amended (Regulations: what they can apply to and what they can do)
36Section 383 amended (Regulations about standards in relation to food)
37Section 384 amended (Regulations about risk-based measures and related matters)
38Section 385 amended (Regulations about grading schemes)
39Section 387 amended (Regulations about imported food)
40Section 388 repealed (Regulations about verification functions in relation to importers)
41Section 389 amended (Regulations about recognised agencies, persons, and classes of persons)
42Section 390 amended (Regulations about information)
43Section 395 amended (Regulations about other matters)
44Section 397 amended (Minister may adopt joint food standards)
45Section 400 amended (Amendment and revocation of adopted joint food standards)
46Section 404 amended (Minister may issue domestic food standards)
47Section 405 replaced (Notices relating to general matters)
405Notices
48Section 406 repealed (Notices relating to specifications or requirements for specific matters)
49Section 409 amended (Application of Legislation Act 2012 to certain notices)
50Section 413 amended (Overview of transitional provisions)
51Section 420 amended (Pre-commencement legislative requirements: Food Act 1981 and regulations)
52Section 421 amended (Pre-commencement standards)
53Section 445 amended (References to standard works)
54Schedule 2 amended
55Schedule 6 amended
56Principal Act
57Section 3 amended (General scheme of Act)
58Section 4 amended (Interpretation)
59Section 5 amended (Product processed fit for intended purpose)
60New section 6C inserted (Transitional, savings, and related provisions relating to amending Acts)
6CTransitional, savings, and related provisions relating to amending Acts
61Section 7 amended (Products and material to which Act generally applies)
62Section 8 replaced (Products and material excluded from ambit of Act)
8Products and material excluded from ambit of Act
63Section 9 amended (Exemptions from ambit of Act by Order in Council)
64Section 12 amended (What is a risk management programme?)
65Section 13 amended (Who must have a risk management programme?)
66Section 14 amended (Director-General may grant limited exemption from requirement to have risk management programme)
67Section 15 amended (Certain persons may be required to have risk management programme by Order in Council)
68Section 16 amended (Duties of operators of risk management programmes)
69Section 17 amended (Contents of and requirements for risk management programmes)
70Section 17A amended (Multi-business risk management programmes)
71Section 19 amended (Matters to be shown in register of risk management programmes)
72Section 20 amended (Applications for registration of programmes)
73Section 20 further amended (Applications for registration of programmes)
74Section 22 amended (Registration of risk management programme)
75Section 24 amended (Registration may not be transferred)
76Section 25 amended (Significant amendments to risk management programme)
77Section 26 amended (Updates of minor amendments to risk management programmes)
78New section 26A inserted (Director-General may require amendment to improve clarity of registered risk management programme)
26ADirector-General may require amendment to improve clarity of registered risk management programme
79Section 27 amended (Suspension of operations under registered programme)
80Section 28 amended (Deregistration of risk management programme)
81Section 28A replaced (Removal of animal product business from coverage of wider risk management programme)
28ARemoval of business or part of business from coverage of wider risk management programme
82Section 29 amended (Surrender of registration)
83Section 30 amended (Risk management programme in conflict with regulations or specifications)
84Section 31 amended (Object of sections 32 to 34)
85Section 33 amended (Implications of failure to elect in case of animal product which is food whose export requires an official assurance)
86Section 34 amended (Alternate or intermittent use of risk management programmes and food safety programmes)
87New section 34A inserted (Regulations may grant or provide for exemptions from this Act or Food Act 2014)
34ARegulations may grant or provide for exemptions from this Act or Food Act 2014
88Cross-heading above section 35 amended
89Section 35 amended (References to recognised risk management programme verifying agency)
90Section 38 amended (Nature of regulated control schemes)
91Sections 39 and 40 replaced
39Scope of regulated control scheme
40Regulations about regulated control schemes
92Section 41 amended (Emergency control schemes)
93Part 4 heading amended
94Section 42 replaced (Object of this Part)
42Animal product standards
95Section 43 amended (Application of standards and specifications)
96Section 44 amended (Regulations may prescribe animal product standards)
97Section 45 repealed (Director-General may issue specifications supplementary to animal product standards)
98Section 46 amended (Emergency animal product standards and specifications)
99Section 48 amended (Exporters of animal products for human or animal consumption, and certain other animal material and products, must be registered)
100Section 49 amended (Registration of exporters of non-edible, etc, material or products may be required by Order in Council)
101Section 50 amended (Director-General may exempt certain consignments)
102Section 51 amended (Duties of exporters)
103Section 53 amended (Matters to be shown in register of exporters)
104Section 54 amended (Applications for registration)
105Section 58 amended (Deregistration of exporters)
106Section 60 amended (Export requirements)
107Section 60A amended (Director-General to notify or make available export requirements)
108Section 60B replaced (Exemption from requirements of food standards where appropriate)
60BExemption from animal product standards where appropriate
109Section 61 amended (Director-General may issue official assurances)
110Section 62 amended (Form and content of official assurance)
111Section 63 amended (Obtaining of official assurance)
112Section 65B amended (What is a game estate?)
113Section 65C amended (Use and disposal of animal material and product from game estate animals)
114Section 65F amended (Matters to be shown in list of game estates)
115Section 67 amended (Homekill allowed)
116Section 68 amended (Processing of recreational catch)
117Section 69 amended (Homekill and recreational catch service providers)
118Section 71 amended (Requirements for dual operator butchers)
119Section 72 amended (Product processed by homekill or recreational catch service provider ceases to be regulated animal product)
120Section 74 amended (Matters to be shown in list of homekill and recreational catch service providers)
121New Part 6A inserted
77AInterpretation
77BTracing and recall requirements
77CRegulations relating to tracing and recall
77DVerification
77EObligation of persons subject to verification requirements
77FRegulations relating to verification
77GRecord-keeping and reporting requirements
77HRegulations and notices relating to record keeping and reporting
122Cross-heading above section 78 replaced
123Section 79 amended (Appointment of official assessors)
124Section 80 amended (Director-General may issue notices)
125Section 81A amended (Director-General may require declarations as to supply or movement of animals, animal material, or animal products)
126Section 81B amended (Director-General may impose movement and related controls)
127Section 82 amended (Power to direct disposal, etc, of animal material or product in certain circumstances)
128Section 83 amended (Director-General may give statements as to New Zealand animal product standard)
129Section 84 amended (Privileged statements by Director-General)
130Section 86 amended (Delegation by Director-General)
131New sections 86A and 86B inserted
86A Power to issue improvement notice
86BReview of improvement notice
132Section 90 amended (Power to condemn and require disposal of animal products that are diseased, contaminated, etc)
133New sections 91B and 91C inserted
91B Matters may be continued by different animal product officer
91COpinion or belief of animal product officer
134Section 93 amended (Powers of official assessors)
135Section 99 amended (Outline of this Part)
136Section 100 amended (Interpretation)
137Section 112G amended (Duties of recognised agencies)
138Section 112H amended (Duties of recognised persons)
139New section 112IA inserted (Recognised agency and recognised person accountable to Director-General)
112IARecognised agency and recognised person accountable to Director-General
140Section 112T amended (Contents of public register)
141Section 112Y amended (Director-General may require notification of termination of contracts)
142Section 113 amended (Principles of cost recovery)
143Section 115 amended (Cost recovery to relate generally to a financial year)
144Section 115A repealed (Application of section 115(1) to assurances in respect of export licences issued under Dairy Industry Restructuring Act 2001)
145Section 117 amended (Fees and charges to be prescribed by regulations)
146Section 118 amended (Regulations may impose levies)
147Section 121 amended (Exemptions, waivers, and refunds)
148New sections 125A to 125E and cross-headings inserted
125AProceedings for infringement notices
125BIssue and cancellation of infringement notices
125CForm of infringement notice
125DPayment of infringement fees
125ERegulations about infringement offences
149Section 130 amended (Offence to export unless registered)
150Section 133 amended (Obstruction of officers, etc)
151New section 133A inserted (Offences involving automated electronic system)
133AOffences involving automated electronic system
152Section 135 amended (Failure to comply with Act, etc)
153Section 140 amended (Evidence in proceedings)
154Section 145 replaced (Time limit for filing charging document for offence against section 129 or 135)
144AOrder to pay amount because of commercial gain
145Charging documents
155Section 147 amended (Application for compliance order)
156Section 152 amended (Change or cancellation of compliance order)
157Sections 158, 159, and 160 and cross-headings replaced
158Identification, differentiation, and security systems and devices
158Section 161 amended (Disclosure of information for purpose of ensuring product safety, etc)
159Section 162 amended (Right of review of certain decisions made under delegated authority)
160Section 163 amended (Consultation requirements for making of certain Orders in Council, specifications, etc)
161Section 164 amended (Notification of certain matters)
162New sections 165B and 165C and cross-heading inserted
165BArrangement for system
165CEffect of use of system
163Section 166 amended (Regulations)
164Section 167 replaced (Notices)
166AScope of regulations
167Notices
167AApplication of Legislation Act 2012 to notices
165Section 168 amended (Incorporation of material by reference into regulations, notices, and orders)
166New sections 168A and 168B inserted
168AAvailability and proof of material incorporated by reference
168BApplication of Legislation Act 2012 to incorporating instruments and incorporated material
167New Schedule 1 inserted
168Principal Act
169Section 4 amended (Interpretation)
170New section 4A inserted (Transitional, savings, and related provisions relating to amending Acts)
4ATransitional, savings, and related provisions relating to amending Acts
171Section 5 amended (Scope of Act)
172Section 6 amended (Exemptions from application of Act)
173Section 7 amended (Outline of this Part)
174Section 8 amended (What is a wine standards management plan?)
175Section 9 amended (Who must have a wine standards management plan?)
176Section 11 amended (Limited exemption from requirement to have wine standards management plan)
177Section 12 amended (Certain persons may be required to have wine standards management plan)
178Section 13 amended (Duties of operators of wine standards management plans)
179Section 14 amended (Contents of and requirements for wine standards management plans)
180Section 15 amended (Multi-business wine standards management plans)
181Section 15A amended (Persons involved with both food and wine)
182Section 15B amended (Application for intermittent use of food control plan as wine standards management plan)
183Section 15C amended (Intermittent use of food control plan as wine standards management plan)
184New section 15D inserted (Regulations may grant or provide for exemptions from this Act or Food Act 2014)
15DRegulations may grant or provide for exemptions from this Act or Food Act 2014
185Section 17 amended (Register of wine standards management plans)
186Section 18 amended (Applications for registration of wine standards management plans)
187Section 18 further amended (Applications for registration of wine standards management plans)
188Section 19 amended (Registration of wine standards management plans)
189Section 21 amended (Registration may not be transferred)
190Section 22 amended (Significant amendment of wine standards management plan)
191Section 23 amended (Updates of minor amendments to wine standards management plans)
192New section 23A inserted (Director-General may require amendment to improve clarity of registered wine standards management plan)
23ADirector-General may require amendment to improve clarity of registered wine standards management plan
193Section 24 amended (Suspension of operations under registered wine standards management plan)
194Section 25 amended (Deregistration of wine standards management plan)
195Section 26 replaced (Removal of wine business from coverage of wider wine standards management plan)
26Removal of business or part of business from coverage of wider wine standards management plan
196Section 27 amended (Surrender of registration)
197Section 28 amended (References to recognised verifying agency)
198Subpart 2 heading in Part 2 amended
199Section 30 replaced (Outline of subpart 2)
30Wine standards
200Section 31 amended (Application of standards and specifications)
201Section 32 repealed (Application to extension products, partial process products, and wine products)
202Section 33 amended (Regulations may prescribe standards)
203Section 34 amended (Prerequisites for prescribing standards)
204Section 35 repealed (Director-General may issue specifications supplementary to wine standards)
205Section 37 amended (Prerequisites for export)
206Section 38 amended (Export eligibility requirements)
207Section 39 amended (Exemption of certain consignments)
208Section 40 amended (Duties of exporters)
209Section 41 amended (Director-General to notify or make available access requirements for overseas markets)
210Section 42 amended (Director-General may issue official assurances)
211Section 43 amended (Form and content of official assurance)
212Section 44 amended (Obtaining of official assurance)
213Section 47 amended (Register of exporters)
214Section 48 amended (Applications for registration as exporter)
215Section 52 amended (Deregistration of exporters)
216Section 53 amended (Surrender of registration)
217New subpart 4 of Part 2 inserted
54AInterpretation
54BTracing and recall requirements
54CRegulations relating to tracing and recall
54DVerification
54EObligation of persons subject to verification requirements
54FRegulations relating to verification
54GRecord keeping and reporting requirements
54HRegulations and notices relating to record keeping and reporting
218Section 56 amended (Director-General may issue notices)
219Section 59 amended (Power to direct disposal, etc, of wine in certain circumstances)
220Section 61 amended (Delegations by Director-General)
221New sections 61A and 61B inserted
61A Power to issue improvement notice
61BReview of improvement notice
222New sections 68A and 68B inserted
68A Matters may be continued by different wine officer
68BOpinion or belief of wine officer
223Section 69 amended (Outline of sections 70 to 82Z)
224Section 70 amended (Interpretation)
225Section 82G amended (Duties of recognised agencies)
226Section 82H amended (Duties of recognised persons)
227New section 82IA inserted (Recognised agency and recognised person accountable to Director-General)
82IARecognised agency and recognised person accountable to Director-General
228Section 82T amended (Contents of public register)
229Section 82Y amended (Director-General may require notification of termination of contracts)
230Section 84 amended (Principles of cost recovery)
231Section 86 amended (Cost recovery to relate generally to financial year)
232Section 87 amended (Three-yearly review of cost recovery)
233Section 88 amended (Fees and charges to be prescribed by regulations)
234Section 89 amended (Regulations may impose levies)
235Section 92 amended (Exemptions, waivers, and refunds)
236New sections 96A to 96E and cross-heading inserted
96AProceedings for infringement notices
96BIssue and cancellation of infringement notices
96CForm of infringement notice
96DPayment of infringement fees
96ERegulations about infringement offences
237Section 100 amended (Offence to export unless registered or in compliance with export eligibility requirements)
238Section 101 amended (Obstruction of officers, etc)
239New sections 101A and 101B inserted
101AOffences involving automated electronic system
101BBreach of compliance order
240Section 103 amended (Failure to comply with Act, etc)
241Section 105 amended (Evidence in proceedings)
242Section 110 replaced (Time for filing charge for offence against section 102 or 103)
109AOrder to pay amount because of commercial gain
110Charging documents
110ACompliance orders
110BApplication for compliance order
110CNotification of application
110DRight to be heard
110EDecision on application
110FInterim compliance orders
110GChange or cancellation of compliance order
110HCompliance with compliance order
110IAppeals to High Court
110JAppeals to Court of Appeal or Supreme Court
110KEffect of appeal
110LRules of court
243Sections 112 and 113 and cross-heading replaced
244Section 114 amended (Right of review of certain decisions made under delegated authority)
245Section 115 amended (Consultation requirements for making of certain orders, specifications, etc)
246Section 116 amended (Notification of certain matters)
247New sections 118A and 118B and cross-heading inserted
118AArrangement for system
118BEffect of use of system
248Section 119 amended (Regulations)
249Section 120 replaced (Notices)
119AScope of regulations
120Notices
120AApplication of Legislation Act 2012 to notices
250Section 121 amended (Incorporation of material by reference into regulations, notices, and orders)
251New sections 121A and 121B inserted
121AAvailability and proof of material incorporated by reference
121BApplication of Legislation Act 2012 to incorporating instrument and incorporated material
252New Schedule 1 inserted
253Amendments to Summary Proceedings Act 1957
254Amendment to Health Act 1956
255Amendment to Biosecurity (National American Foulbrood Pest Management Plan) Order 1998
256Amendment to Search and Surveillance Act 2012
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: