346 Regulations about standards in relation to food
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting standards in relation to food that specify the criteria that the composition of food, and the sampling and testing of food to determine its composition, must meet to ensure that food is safe and suitable.

    (2) The reference in subsection (1) to the composition of food means the microbiological content, microbiological quality, purity, quality, quantity, strength, or weight, among other things, of—

    • (a) the food itself; and

    • (b) anything contained in food, added to food, or intended to be contained in or added to food.

    (3) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting standards in relation to food that specify the criteria that all or any of the following must meet to ensure that food is safe and suitable:

    • (a) the sampling and testing of food to determine its safety or suitability:

    • (b) the production of food:

    • (c) the processing and handling of food:

    • (d) the selling of food:

    • (e) the importation of food:

    • (f) the identification and labelling of food:

    • (g) the promotion and advertising of food:

    • (h) information about food:

    • (i) the genetic modification of food:

    • (j) the chemical status of food:

    • (k) the maximum amounts of contaminants or residues that may be present in food:

    • (l) the maximum or minimum amounts of additives or other substances that must or may be present in food:

    • (m) substances in food:

    • (n) the control or elimination of hazards from food:

    • (o) any other matter that affects the safety or suitability of food.

    (4) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting food standards that specify the criteria that food-related accessories must meet to ensure that food is safe and suitable.

    (5) Before recommending the making of regulations under this section, the Minister must take into account—

    • (a) the need to protect public health; and

    • (b) the desirability of avoiding unnecessary restrictions on trade; and

    • (c) the desirability of maintaining consistency between the regulations and any relevant standards, requirements, or recommended practices that apply or are accepted internationally; and

    • (d) the need to give effect to New Zealand’s obligations under a relevant international agreement, convention, protocol, or treaty; and

    • (e) any other matters that the Minister considers relevant.

    (6) Regulations made under this section must not set a standard for food sold for export that is different from the standard set for food sold on the domestic market.