Food (Fees and Charges) Regulations 2015

Reprint as at 1 March 2016

Coat of Arms of New Zealand

Food (Fees and Charges) Regulations 2015

(LI 2015/96)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 11th day of May 2015

Present:
The Right Hon John Key presiding in Council

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.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to sections 203, 204, and 208 of the Food Act 2014, His Excellency the Governor-General makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Food Safety made after being satisfied that the requirements of sections 198 and 201 of that Act have been met and that there has been appropriate consultation in accordance with section 379 of that Act.

Regulations

1 Title

These regulations are the Food (Fees and Charges) Regulations 2015.

2 Commencement

These regulations come into force on 1 March 2016.

3 Fees and charges

(1)

The fees and charges set out in the Schedule are payable in respect of the services (provided by the Ministry) that are specified in that schedule.

(2)

The fees and charges are exclusive of goods and services tax.

Regulation 3(1): amended, on 1 March 2016, by regulation 4 of the Food (Fees and Charges) Amendment Regulations 2015 (LI 2015/311).

4 Chief executive may exempt, waive, or refund fees and charges

The chief executive may grant an exemption from, or a waiver or refund of, any fee or charge for services (provided by the Ministry) specified in the Schedule, in whole or in part, in any particular case or class of case to which 1 or more of the following circumstances apply:

(a)

the amount of the fee or charge is less than the reasonable cost of recovering the fee or charge:

(b)

the Ministry has made an administrative error:

(c)

the chief executive is satisfied that it would be unreasonable or unfair to require payment of the fee or charge:

(d)

the chief executive considers that more efficient processes can be used (for example, batching services), resulting in lower costs.

Regulation 4: replaced, on 1 March 2016, by regulation 5 of the Food (Fees and Charges) Amendment Regulations 2015 (LI 2015/311).

5 Territorial authorities may exempt, waive, or refund fees

A territorial authority may grant an exemption from, or a waiver or refund of, any fee fixed by the territorial authority under section 205 of the Food Act 2014, in whole or in part, in any particular case or class of case to which 1 or more of the following circumstances apply:

(a)

the amount of the fee is less than the reasonable cost of recovering the fee:

(b)

the territorial authority has made an administrative error:

(c)

the territorial authority is satisfied that it would be unreasonable or unfair to require payment of the fee:

(d)

the territorial authority considers that more efficient processes can be used (for example, batching services), resulting in lower costs.

Regulation 5: inserted, on 1 March 2016, by regulation 5 of the Food (Fees and Charges) Amendment Regulations 2015 (LI 2015/311).

6 Revocation of regulations 4 and 5

Regulations 4 and 5 are revoked—

(a)

on 30 June 2019, if regulations are not made under section 417 of the Food Act 2014 on or before that date; or

(b)

on the earlier of the following dates, if regulations are made under section 417 of the Food Act 2014 on or before 30 June 2019:

(i)

the date specified as the end date of that Act’s introductory period in those regulations:

(ii)

28 February 2021.

Regulation 6: inserted, on 1 March 2016, by regulation 5 of the Food (Fees and Charges) Amendment Regulations 2015 (LI 2015/311).

Schedule Fees and charges

r 3

Part 1 Interpretation

In this schedule, custom food control plan means a food control plan that is not based on a template or model issued or approved by the chief executive under section 39 or 40 of the Food Act 2014.

Part 2 Fixed and hourly fees and charges

Service areaFee or chargeWhen fee or charge payable and by whom
Registration
Application for, assessment of, and registration of custom food control plans$348.50 per application plus $155.00 per hour spent processing the application after the first 2 hours and 15 minutes$348.50 payable by the applicant on application for registration and any remainder payable within 20 working days of receipt of written demand for payment
Application for renewal of registration of custom food control plans$77.50 per application plus $155.00 per hour spent processing the application after the first 30 minutes$77.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
Application for registration of an amended custom food control plan due to a significant amendment$310.00 per application plus $155.00 per hour spent processing the application after the first 2 hours$310.00 payable by the applicant on application for registration and any remainder payable within 20 working days of receipt of written demand for payment
Not-significant amendment of custom food control plans$77.50 per notification of amendment plus $155.00 per hour spent processing the notification after the first 30 minutes$77.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
Amendment to custom food control plans for a significant change in circumstances$155.00 per notification of amendment plus $155.00 per hour spent processing the notification after the first hour$155.00 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
Voluntary suspension of registered custom food control plans$77.50 per notification of suspension plus $155.00 per hour spent processing the notification after the first 30 minutes$77.50 payable by the applicant on notification of suspension and any remainder payable within 20 working days of receipt of written demand for payment
Application for registration of food control plans based on a template or model issued by the chief executive$193.75 per application plus $155.00 per hour spent processing the application after the first 1 hour and 15 minutes$193.75 payable by the applicant on application for registration and any remainder payable within 20 working days of the granting of or refusal to grant registration
Application for renewal of registration of food control plans based on a template or model issued by the chief executive$77.50 per application plus $155.00 per hour spent processing the application after the first 30 minutes$77.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
Application for registration of an amended food control plan based on an approved template or model due to a significant amendment$155.00 per application plus $155.00 per hour spent processing the application after the first hour$155.00 payable by the applicant on application for registration and any remainder payable within 20 working days of receipt of written demand for payment
Not-significant amendment of food control plans based on an approved template or model$77.50 per notification of amendment plus $155.00 per hour spent processing the notification after the first 30 minutes$77.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
Amendment to food control plans based on an approved template for a significant change in circumstances$77.50 per notification of amendment plus $155.00 per hour spent processing the notification after the first 30 minutes$77.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
Voluntary suspension of a registered food control plan based on an approved template or model$77.50 per notification of suspension plus $155.00 per hour spent processing the notification after the first 30 minutes$77.50 payable by the applicant on notification of suspension and any remainder payable within 20 working days of receipt of written demand for payment
Application for, assessment of, and registration of a business subject to a national programme$116.25 per application plus $155.00 per hour spent processing the application after the first 45 minutes$116.25 payable by the applicant on application for registration and any remainder payable within 20 working days of the granting of or refusal to grant registration
Application for renewal of registration of a business subject to a national programme$77.50 per application plus $155.00 per hour spent processing the application after the first 30 minutes$77.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
Amendment to registration of a business subject to a national programme because of a significant change in circumstances$77.50 per notification of amendment plus $155.00 per hour spent processing the notification after the first 30 minutes$77.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
Voluntary suspension of registration of a business subject to a national programme$77.50 per notification of suspension plus $155.00 per hour spent processing the notification after the first 30 minutes$77.50 payable by the applicant on notification of suspension and any remainder payable within 20 working days of receipt of written demand for payment
Application for, evaluation of, and registration as an importer of food$116.25 per application plus $155.00 per hour spent processing the application after the first 45 minutes$116.25 payable by the applicant on application for registration and any remainder payable within 20 working days of the granting of or refusal to grant registration
Application for renewal of registration as an importer of food$77.50 per application plus $155.00 per hour spent processing the application after the first 30 minutes$77.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
Amendment to registration of an importer of food because of a significant change in circumstances$77.50 per notification of amendment plus $155.00 per hour spent processing the notification after the first 30 minutes$77.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
Voluntary suspension of registration as an importer of food$77.50 per notification of suspension plus $155.00 per hour spent processing the notification after the first 30 minutes$77.50 payable by the applicant on notification of suspension and any remainder payable within 20 working days of receipt of written demand for payment
Application for, assessment of, and granting of an exemption$155.00 per application plus $155.00 per hour spent processing the application after the first hour$155.00 payable by the applicant on application for exemption and any remainder payable within 20 working days of the granting of or refusal to grant exemption
Approvals
Application for the approval of laboratories$193.75 per application plus $155.00 per hour spent processing the application after the first 1 hour and 15 minutes$193.75 payable by the applicant on application for approval and any remainder payable within 20 working days of the granting of or refusal to grant approval
Recognition
Application for, assessment of, and recognition of agency, person, or class of persons as a recognised agency, recognised person, or recognised class of persons$193.75 per application plus $155.00 per hour spent processing the application after the first 1 hour and 15 minutes$193.75 payable by the applicant on application for recognition and any remainder payable within 20 working days of the granting of or refusal to grant recognition
Application for renewal of recognition of agency, person, or class of persons$77.50 per application plus $155.00 per hour spent processing the application after the first 30 minutes$77.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
 
 
Verification
Verification, inspection, and audit$155.00 per hourPayable by the operator of the business subject to verification, inspection, or audit within 20 working days of receipt of written demand for payment
Compliance
Issue of improvement notice, including development of the notice, by food safety officer$155.00 per notice plus $155.00 per hour spent developing and issuing the notice after the first hourPayable by the operator of the business subject to improvement notice within 20 working days of receipt of written demand for payment
Application for review of issue of improvement notice$155.00 per application plus $155.00 per hour spent processing the application after the first hour$155.00 payable by the applicant on application for review and any remainder payable within 20 working days of receipt of written demand for payment
Application for, compilation of, and issue of statement of compliance$155.00 per application plus $155.00 per hour spent processing the application after the first hour$155.00 payable by the applicant on application for statement of compliance and any remainder payable within 20 working days of receipt of written demand for payment
Issue of food recall direction by chief executive$155.00 per direction plus $155.00 per hour spent developing and issuing the direction after the first hourPayable by the operator of the business subject to food recall direction within 20 working days of receipt of written demand for payment
Imported food
Clearance of imported food$60.00 per clearance plus $120.00 per hour spent processing the clearance after the first 30 minutesPayable by the operator of the business responsible for the imported food within 20 working days of receipt of written demand for payment
Administration of imported food categorised in regulations made under the Food Act 2014 as being of increased regulatory interest$120.00 per hour spent on administration activity for each consignment of imported foodPayable by the operator of the business responsible for the imported food within 20 working days of receipt of written demand for payment

Part 3 Disbursements

The chief executive may require payment of the Ministry’s actual and reasonable costs, including actual and reasonable incidental and additional costs incurred in connection with any matter specified in Part 2 of this schedule.

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 14 May 2015.

Reprints notes
1 General

This is a reprint of the Food (Fees and Charges) Regulations 2015 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

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

Food (Fees and Charges) Amendment Regulations 2015 (LI 2015/311)