Hon Kate Wilkinson

Food Bill

Government Bill

160—2

As reported from the Primary Production Committee

Contents

Commentary

Key

1 Title

2 Commencement

Part 1
Preliminary provisions

Subpart 1Introduction

3 Overview

4 Purpose

5 Application of Act

5 Application of Act

5A Relationship between this Act and Animal Products Act 1999 and Wine Act 2003

6 Act binds the Crown

Subpart 2Interpretation

General

7 Interpretation

Meaning of food

8 Meaning of food

Meaning of food business

9 Meaning of food business

Meaning of processing and handling

10 Meaning of processing and handling

Meaning of safety and suitability

11 Meaning of safety and suitability

Meaning of sale

12 Meaning of sale

Subpart 3Regulatory roles

Principles for persons with regulatory roles under this Act

13 Principles governing relationships between Minister, chief executive, and territorial authorities

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

Outline of regulatory roles under this Act

15 Role of Minister

16 Role of chief executive

17 Role of territorial authorities

Subpart 4Primary duty of persons who trade in food

18 Primary duty of persons who trade in food

Part 2
Risk-based measures

Subpart 1General

Preliminary

19 Overview of this Part

Classification of food sectors

20 Classification of food sectors for purpose of assigning applicable risk-based measures

21 Power to amend Schedules 1 to 3 by Order in Council

Application of risk-based measures

22 Determining applicable risk-based measure for food businesses that come within food sectors not classified in Schedules 1 to 3

23 Determining applicable risk-based measure for food businesses that overlap 2 or more food sectors

24 Operator 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

24A Winemaker may apply for winemaking operations to be included under registered food control plan or national programme

Requirement to operate under applicable risk-based measure

25 Requirement to operate under applicable risk-based measure

26 Exception to section 25

Subpart 2Food control plans

Preliminary

27 Purpose of this subpart

Food control plans

28 Food control plan: general description

29 Food control plan: development

30 Food control plan: coverage

31 Food control plan: based on official template or model

32 Food control plan: chief executive's power to issue template or model

33 Food control plan: chief executive's power to approve template or model developed by third party

34 Food control plan: form

35 Food control plan: contents

35A Regulations about food control plans

Amendments to food control plans

36 Amendments to food control plan based on template or model issued by chief executive

37 Amendments to food control plan based on template or model approved by chief executive

38 Significant amendments to food control plan

39 Application for registration of amendment

40 Registration of amendment to, or replacement for, food control plan

Amendments to food control plans

36 Chief executive's power to amend, replace, or revoke template or model issued under section 32

37 Operator may amend food control plan based on template or model issued under section 32

38 Chief executive may register food control plan amended by operator under section 37

39 Operator may amend food control plan based on template or model approved under section 33

40 Operator may amend food control plan not based on official template or model

40A Sections 49 to 53, 55, and 56 apply to applications for registration of amended food control plans

Requirement to register food control plans

41 Food control plans must be registered

Other provisions relating to registered food control plans

42 Secondary processor of animal product that is food may apply for operations to be included under registered food control plan

43 Winemaker may apply for winemaking operations to be included under registered food control plan

44 Requirements of Act to prevail in cases of inconsistency with registered food control plan

Duties of operators of registered food control plans

45 Duties of operators of registered food control plans

46 Operator of registered food control plan must notify registration authority of significant change in circumstances

Registration of food control plans

47 Application for registration: who may apply

48 Application for registration: who is appropriate registration authority

49 Application for registration: form and content

50 Registration authority may refuse to process application for registration

51 Registration authority may require further information

52 Criteria for registration of food control plan

53 Refusal to register food control plan

54 Applicants for registration must notify registration authority of significant change in circumstances

55 Registration of food control plan

56 Registration authority may impose conditions on registration of food control plan

57 Duration of registration

58 Registration may not be transferred

Suspension of operations under registered food control plan

59 Mandatory suspension

60 Registration authority may extend mandatory suspension

61 Voluntary suspension

62 Effect of suspension

Removal of registration of food control plans

63 Removal from public register

64 Cancellation of registration

65 Effective date of cancellation

66 Effect of cancellation of registration

67 Removal of food business from coverage of food control plan

68 Surrender of registration

69 Effective date of surrender

Subpart 3National programmes

Preliminary

70 Purpose of this subpart

National programmes

71 National programme: general description

72 How national programme may be imposed

73 Regulations about national programmes

74 National programme not invalid on certain grounds

75 Requirements of national programme to prevail in cases of inconsistency with other regulations or specifications made under this Act

Requirement for food businesses subject to national programme to register

76 Food businesses subject to national programme must be registered

Duties of operators of food businesses subject to national programme

77 Duties of operators of food businesses subject to national programme

78 Operators of food businesses subject to national programme must notify registration authority of significant change in circumstances

Registration of food businesses subject to national programme

79 Registration of food business

Suspension of operations of registered food business under national programme

80 Mandatory suspension

81 Voluntary suspension

Removal of registration of food business

82 Removal from public register

83 Cancellation of registration

84 Surrender of registration

Subpart 4Monitoring programmes

85 Purpose of this subpart

86 Monitoring programme: general description

87 Monitoring programme: scope

88 How monitoring programme may be imposed

89 Chief executive may specify certain matters by notice

90 Monitoring programme not invalid on certain grounds

Subpart 5Food handler guidance

91 Purpose of this subpart

92 Food handler guidance: general description

93 Food handler guidance: effect

94 Exemption for certain persons involved in community-based fund-raising activities

94 Exemption if trading in food is for charitable purpose

94A Exemption if trading in food is for personal development purpose

95 Chief executive may grant exemption from requirement to operate under registered food control plan or national programme

96 Chief executive may delegate functions, duties, or powers under section 95 to territorial authorities

Part 3
Food imported for purpose of sale

Preliminary

97 Purpose of this Part

98 Interpretation

99 Restriction on importation of food for purpose of sale

100 Food clearance

Duties of importers and registered importers

101 Duties of importer

102 Duty of registered importer

Registration of importers

103 Who must be registered

104 Application for registration

105 Chief executive may refuse to process application for registration

106 Chief executive may require further information

107 Criteria for approval of application for registration

108 Refusal to register

109 Registration

110 Duration of registration

111 Registration may not be transferred

112 Registered importers must notify chief executive of significant change in circumstances

Suspension of registered importer’s operations

113 Mandatory suspension

114 Chief executive may extend mandatory suspension

115 Voluntary suspension

116 Effect of suspension

Removal of importer’s registration

117 Removal from public register

118 Cancellation of registration

119 Effective date of cancellation

120 Effect of cancellation of registration

121 Surrender of registration

122 Effective date of surrender

Part 4
Provisions relating to recognition, territorial authorities, administration, and enforcement

Subpart 1Recognised agencies and recognised persons

Preliminary

123 Purpose of this subpart

Duties of recognised agencies and recognised persons

124 Duties of recognised agencies

125 Duties of recognised persons

Recognition

126 Recognition of agency responsible for verification and other specialist functions and activities

127 Certain persons or bodies may be treated as recognised agency

127A Recognition for certain verification functions and activities may only be granted to territorial authorities

127B Review of operation of section 127A

128 Recognition of person responsible for verification and other specialist functions and activities

129 Certain individuals to be treated as recognised person

130 Application for recognition

131 Chief executive may require further information

132 Refusal to grant recognition

133 Grant of recognition

134 Chief executive may impose conditions on grant of recognition

135 Duration of recognition

136 Recognition may not be transferred

137 Recognition fees

Suspension of recognition

138 Mandatory suspension

139 Chief executive may extend mandatory suspension

140 Effect of suspension

Removal of recognition

141 Removal from public register

142 Withdrawal of recognition

143 Surrender of recognition

144 Effective date of surrender

Miscellaneous

145 Liability for loss

Subpart 2Territorial authorities

Functions and duties of territorial authorities

146 Functions of territorial authority

147 Duties of territorial authority

National outcomes for territorial authorities

148 Minister may issue national outcomes for territorial authorities

Transfer of territorial authority's functions, duties, and powers to another territorial authority or regional council

149 Transfer of functions, duties, and powers to territorial authority or regional council

150 Effect of transfer to territorial authority or regional council

151 Records of transfer

Transfer of territorial authority's functions, duties, and powers to chief executive

152 Transfer of functions, duties, and powers to chief executive

153 Transfer agreement

154 Effect of transfer to chief executive

155 Change, revocation, or relinquishment of transfer

156 Records of transfer, change, etc

Monitoring performance of functions and duties, and exercise of powers, by territorial authorities

157 Powers of chief executive for monitoring performance of functions and duties and exercise of powers

Review of territorial authorities

158 Reviews initiated by Minister

159 Terms of reference

160 Minister to consult on terms of reference

161 Appointment of person to conduct review

162 Powers of reviewer

163 Conduct of review

164 Report of review

Non-performance by territorial authority

165 Powers of Minister in relation to non-performance by territorial authority

166 Requirements for appointment

167 Effect of appointment

168 Duration of appointment

169 Costs, charges, and expenses incurred

Subpart 3Cost recovery

170 Principles of cost recovery

171 Methods of cost recovery

172 Territorial authority responsible for cost recovery

173 Cost recovery to relate generally to financial year

174 Three-yearly review of cost recovery

175 Regulations may impose fees and charges

176 Territorial authority to set fees

177 Regulations may impose levies

178 Regulations may provide for exemptions, waivers, and refunds

179 Trust accounts required to be kept by persons collecting levies

180 Other charges not requiring to be prescribed

181 Fees, charges, and levies to constitute debt due to chief executive

182 Penalties for failure to pay fee, charge, or levy

183 Dispute does not suspend obligation to pay fee, charge, levy, or penalty

184 Levy regulations to be confirmed

Subpart 4Payment of statutory debt

185 Penalty for failure to pay statutory fees, etc

186 Waiver of penalty

187 Services may be withdrawn until debt paid

Subpart 5Offences

Infringement offences

188 Proceedings for infringement notices

189 Issue and cancellation of infringement notices

190 Form of infringement notice

191 Payment of infringement fees

Offences

192 Offence involving knowingly or recklessly endangering or harming

193 Offence involving knowingly or recklessly creating or increasing risk

194 Offence involving negligently endangering, harming, creating risk, or increasing risk

195 Offences involving intentionally defeating purpose of Act or deceiving in relation to documents or information

196 Offences involving documents or information

197 Offences involving intentionally defeating purpose of Act or deceiving in relation to identifying or representing food

198 Offences involving identifying or representing food

199 Offences involving intentionally defeating purpose of Act or deceiving in relation to sampling, testing, or evidence

200 Offences involving sampling, testing, or evidence

201 Offences involving intentionally defeating purpose of Act or deceiving in relation to statements

202 Offences involving statements

203 Offence involving knowingly or recklessly selling non-complying food

204 Offences involving knowingly or recklessly importing non-complying food

205 Offences involving imported food

206 Offence involving intentionally hindering or obstructing official

207 Offence involving threatening or assaulting official

208 Offence involving intentionally deceiving by pretending to be official

209 Offences involving publishing non-complying advertisement

210 Offence involving breaching or failing to carry out duty

211 Offence involving breaching or failing to comply with suspension, direction, or improvement notice

212 Offence involving breaching or failing to comply with order

213 Offence involving breaching or failing to comply with requirement

Liability for offences

214 Liability of body corporate

215 Liability of body corporate, principal, or individual

216 Liability of director or manager of body corporate

217 Parties to offences

218 Defences for liability arising under section 215, 216, or 217

Laying information

219 Period within which information must be laid

Defences

220 Defence in prosecution for strict liability offence, except advertising offence

221 Defences in prosecution for advertising offence

222 Defences in prosecution for selling non-complying food

223 Defence in prosecution of body corporate, principal, or individual for action of director, agent, or employee

224 Defence in prosecution of importer, producer, processor and handler, manufacturing rights owner, or packer

225 Employees and agents have same defences

226 Prosecutor to be notified of defences

Evidence

227 Evidence of requirement of this Act

228 Evidence of person’s documents

229 Evidence of testing

Presumptions

230 Application of sections 231 to 234

231 Presumption as to contents and label

232 Presumption as to possession for sale

233 Presumption as to sample

234 Presumption as to electronic identification

Sentencing

235 Application of sections 236 to 240

236 Order to pay amount because of commercial gain

237 Order to pay expenses

238 Order to forfeit and dispose of food or food-related accessory

239 Order to withdraw material

240 Order to restrict or prohibit trading in food

241 Sentencing criteria

242 Fines or amounts to be paid to prosecuting territorial authority

Subpart 6Powers and enforcement

Appointments by chief executive

243 Appoint food safety officers

244 Suspend or cancel appointments of food safety officers

Directions by chief executive

245 Give general directions on functions, duties, or powers

246 Give directions on seized imported food or food-related accessory

247 Give directions to restrict or stop movement in urgent cases

248 Persons to whom directions may be given under sections 249 to 254

249 Give general directions to operators and other persons required to comply with Act

250 Give directions to complete and supply declarations

251 Give directions to impose movement or related controls

252 Give directions to recall food or food-related accessory

253 Give directions to manage food or food-related accessory

254 Give directions to publish statement

255 Supplementary provisions about directions under sections 249 to 254

256 Service of directions under sections 249 to 254

Statements by chief executive

257 Publish privileged statements

258 Give statement about compliance with New Zealand requirements

Approvals by chief executive

259 Approvals by chief executive

Information collection by chief executive

260 Require production of information for purpose of determining safety and suitability of food

261 Require production of information if reasonable belief that requirement of this Act has been breached

Powers of verifiers

262 Verifiers' rights of access and certain verifier powers

Powers and duties of food safety officers

263 Power to ask for assistance

264 Purposes of powers in sections 265 to 272 and 274 to 276

265 Powers to facilitate entry, search, and seizure

266 Information powers and evidence gathering

267 Powers of examination, identification, and rectification, and associated detention powers

267A Power to issue improvement notice

267B Review of improvement notice

268 Powers to take, purchase, and sample

269 Power to interrupt operations and give certain directions

270 Powers to seize, condemn, and require disposal

271 Power to restrict use of or close place

272 Other powers

273 Means of exercising powers in sections 265 to 272

274 Powers to enter

275 Power to enter without search warrant

276 Power to test samples of food or examples of food-related accessories

277 Duty to give notice of seizure and detention to owner or owner's agent if known and present

278 Duty to give notice of seizure and detention to owner or owner's agent if known but not present

279 Duty to give notice of seizure and detention if owner or owner's agent not known

280 Duties relating to imported consignments

281 Detaining food or food-related accessory seized

282 Exporting or returning imported food or food-related accessory that has been detained

283 Releasing food or food-related accessory that has been detained

284 Application to District Court for return of seized food or food-related accessory

285 District Court may order return of seized food or food-related accessory

286 Food or food-related accessory unable to be released

287 Reasonable belief by food safety officer

288 Matters may be completed by different food safety officer

Search warrants

289 What must be in application for search warrant

290 How application is made

291 Issue of search warrant

292 Form of search warrant

293 Use of copy of search warrant

294 Powers under search warrant

295 Persons assisting execution of search warrant

296 Duty to produce information when executing search warrant

297 When execution of search warrant completed

298 Duty to leave information after executing search warrant

299 Disposal of property seized under search warrant

300 Retention of documents

Compliance orders

301 Meaning of compliance order

302 Application for compliance order

303 Notification of application

304 Right to be heard on application

305 Decision on application

306 Interim compliance orders

307 Form and content of interim compliance order or compliance order

308 Change or cancellation of interim compliance order or compliance order

309 Compliance with interim compliance order or compliance order

310 Appeals to High Court

311 Appeals to Court of Appeal or Supreme Court

312 Effect of appeal

313 Rules of court

Part 5
Miscellaneous provisions

Subpart 1Exemptions

Exemption from application of this Act generally

314 Exemption by Order in Council from application of this Act generally

315 When Minister may recommend exemption under section 314

Exemptions for certain exports

316 Exemption by Order in Council for certain exports

317 When Minister may recommend exemption under section 316

318 Exemption by chief executive

319 Relationship between section 318 and Animal Products Act 1999

Other exemptions

320 Exemption for certain persons covered by Animal Products Act 1999

321 Exemption for certain persons covered by Wine Act 2003

Subpart 2Immunity, delegation, and review provisions

Protection from civil and criminal liability

322 Protection from civil and criminal liability

Delegation

323 Chief executive may delegate

Review of decisions

324 Application of sections 325 to 330

325 Application for review

326 Requirements for application for review

327 Procedure for review of decision by chief executive or chief executive's delegate

328 Procedure for review of decision by relevant territorial authority

329 Effect of review

330 Reviewer may require payment of costs in review of decision by relevant territorial authority

330A Chief executive must enter outcome of review decisions in public register

Appeals against review decisions

330B Appeal to District Court against review decision

330C Procedure for appeal

Further appeals

330D Appeal to High Court on question of law

330E Further appeals to Court of Appeal or Supreme Court

330F Review decision to continue in force pending appeal

Subpart 3Information and consultation requirements

Collecting, keeping, and disclosing information

331 Collecting and keeping information

332 Disclosing information inside New Zealand: application of section 333

333 Disclosing information inside New Zealand: rules

334 Disclosing information outside New Zealand: rules

335 Disclosing information outside New Zealand: under agreement

336 Variation and review of agreement

337 Disclosing information outside New Zealand: urgent action required

Notifying persons of information

338 Notification to Minister, chief executive, territorial authority, or food safety officer

339 Notification to other persons who assist in administration of Act

340 Notification to other persons

Consultation

341 Consultation: Minister’s powers

342 Consultation: chief executive’s powers

343 Consultation with Environmental Risk Management Authority

Subpart 4Regulations

Regulations about core provisions

344 Regulations: what they can apply to and what they can do

345 Regulations: how they apply to stock in trade

346 Regulations about standards in relation to food

347 Regulations about risk management tools and related matters

348 Regulations about grading schemes

349 Regulations about approved documents, materials, or facilities, or persons or classes of persons

350 Regulations about imported food

350A Regulations about verification functions in relation to importers

351 Regulations about recognised agencies and recognised persons

352 Regulations about information

353 Regulations about offences

354 Regulations about administrative matters

Regulations about other matters

355 Regulations about definitions

356 Regulations for purposes of section 332

357 Regulations about other matters

Subpart 5Food standards

Adopted joint food standards

358 Purpose of sections 359 to 364

359 Minister may adopt joint food standards

360 Issue, notification, and availability of adopted joint food standards

361 Adopted joint food standard subject to disallowance

362 Amendment and revocation of adopted joint food standards

363 Minister must not delegate power to adopt joint food standards

364 Proof of adopted joint food standards

Domestic food standards

365 Purpose of section 366

366 Minister may issue domestic food standards

Subpart 6Notices

Notices

367 Notices: content

368 Notices: consultation

369 Notices: publication

369A Certain notices subject to disallowance

370 Power to issue emergency notice

371 Notification and duration of emergency notice

372 Emergency notice prevails

Subpart 7Transitional provisions

Preliminary

373 Overview of transitional provisions

374 Interpretation

375 Meaning of Act's introductory period

376 Meaning of authorised transition period

377 Regulations extending end date of Act's introductory period

378 Regulations specifying or extending end date of authorised transition period

Pre-commencement

379 Pre-commencement legislative requirements

380 Pre-commencement standards

381 Pre-commencement food

382 Pre-commencement consultation

383 Pre-commencement food safety officers

384 Pre-commencement offences

Transition to new requirements

385 New legislative requirements

386 Notices during authorised transition period

387 Statements about food produced or processed and handled under Food Act 1981

388 New food safety officers

Deemed food control plans

389 Pre-commencement registered food safety programme

390 Pre-commencement application for exemption under Food Act 1981

391 Deemed food control plans under sections 389 and 390

392 Duration of deemed food control plans under sections 389 and 390

Post-commencement status of food businesses not previously covered by food legislation

393 Food business now covered

Post-commencement status of persons

394 Approved auditors under Food Act 1981

395 Agencies managing approved auditors under Food Act 1981

396 Notices about approved auditors and agencies

396A Importers listed for purposes of Food Act 1981

Transitional regulations

397 Regulations about transitional matters

398 Regulations about cost recovery

399 Principles for purposes of section 398(3)

400 Consultation about proposed regulations

Notice requirements

401 Requirements for notices issued by chief executive

Subpart 8Miscellaneous

Public registers

402 Further provisions for public registers are in Schedule 5

Incorporation by reference

403 Material incorporated by reference

404 References to standard works

Other enactments

405 Relationship with local authority bylaws

Consequential provisions

406 Consequential amendments and repeals and revocations

Schedule 1
Food sectors subject to food control plans

Schedule 2
Food sectors subject to national programmes

Schedule 3
Food sectors subject to food handler guidance

Schedule 4
Miscellaneous provisions relating to registrations and recognition

Schedule 5
Public registers

Schedule 6
Material incorporated by reference

Schedule 7
Consequential amendments, repeals, and revocations

Legislative history


The Parliament of New Zealand enacts as follows: