Food Safety Law Reform Bill

  • enacted

Hon Damien O’Connor

Food Safety Law Reform Bill

Government Bill

135—3

Contents

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37Section 388 repealed (Regulations about verification functions in relation to importers)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42Section 406 repealed (Notices relating to specifications or requirements for specific matters)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

The Parliament of New Zealand enacts as follows: