Consumers’ Right to Know (Country of Origin of Food) Act 2018

Reprint as at 16 May 2020

Coat of Arms of New Zealand

Consumers’ Right to Know (Country of Origin of Food) Act 2018

Public Act
 
2018 No 52
Date of assent
 
3 December 2018
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 of Business, Innovation, and Employment.

The Parliament of New Zealand enacts as follows:

 
1 Title

This Act is the Consumers’ Right to Know (Country of Origin of Food) Act 2018.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Purpose

The purpose of this Act is to provide for a simple mandatory system in New Zealand that provides consumers with accurate information about the country or place of origin of certain foods to enable informed decisions about purchasing the food.

4 Act binds the Crown

This Act binds the Crown.

5 New consumer information standard: country of origin of regulated foods

(1)

The Minister of Commerce and Consumer Affairs must recommend the making of regulations under section 27 of the Fair Trading Act 1986 prescribing a consumer information standard for the disclosure of a regulated food’s country or place of origin.

(2)

The Minister must be satisfied that the consumer information standard—

(a)

meets the purpose of this Act; and

(b)

defines and applies to regulated foods; and

(c)

requires a regulated food’s country or place of origin to be disclosed by reference to where the food was grown or something similar (for example, where it was harvested, caught, or raised, but not where it was merely packaged, manufactured, or processed); and

(d)

commences 6 months after the date of its notification in the Gazette; and

(e)

does not apply to frozen food until 18 months after the commencement of the standard.

(3)

The regulated foods must include food that—

(a)

is either—

(i)

only 1 type of fruit, vegetable, meat, fish, or seafood that—

(A)

is fresh (even if previously frozen) or frozen and is not, for example, dried, cured, or pickled; and

(B)

is no more than minimally processed (for example, by being cut, minced, filleted, or surface treated); or

(ii)

cured pork; and

(b)

is supplied, or offered or advertised for supply, at retail, including on an Internet site; and

(c)

is not supplied, or offered or advertised for supply,—

(i)

by any of the following for immediate consumption: a restaurant, cafeteria, takeaway shop, canteen, or similar place, or a caterer; or

(ii)

at a fundraising event; and

(d)

is packaged or unpackaged.

(4)

However, the consumer information standard may exclude any food from being a regulated food if the Minister considers that requiring the food to comply with the standard—

(a)

would be unduly onerous; or

(b)

would not help consumers to make informed decisions about purchasing the food.

(5)

The food that is excluded may be defined in any way (for example, as a food that is supplied, or offered or advertised for supply, in specified circumstances).

(6)

The Minister must make the recommendation before 4 June 2021.

(7)

The requirements of this section continue to apply even if the deadline in subsection (6) has passed or this section has been repealed by section 6.

(8)

To avoid doubt,—

(a)

the Minister may satisfy this section by recommending regulations that amend other regulations; and

(b)

this section does not limit section 27 of the Fair Trading Act 1986, so that the regulations recommended by the Minister to satisfy this section—

(i)

may prescribe a consumer information standard that includes other food as a regulated food or includes other matters; and

(ii)

may be amended or repealed later.

Section 5(6): replaced, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13).

6 Repeal of this Act

This Act is repealed on 4 June 2021.

Section 6: replaced, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13).

Reprints notes
1 General

This is a reprint of the Consumers’ Right to Know (Country of Origin of Food) Act 2018 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13): section 3