This Act shall bind the Crown.

In this Act, unless the context otherwise requires, sell means sell for human consumption or use; and includes—

and sale and sold have corresponding meanings.

For the purposes of this Act, any article of food that is part of, or supplied with, any meal or food for which payment is made or required to be made, and that is supplied for consumption in any shop, hotel, restaurant, or eating-house, or at any stall or other place, or in any vehicle, shall be deemed to have been sold or offered or exposed for sale.

For the purposes of this Act, every person shall be deemed to sell or to intend to sell any food if he sells or intends to sell for human consumption or use any article of which the food is a constituent.

When any food is sold or offered or exposed for sale, it shall be deemed to be sold or offered or exposed for sale for human consumption or use, unless the contrary is proved.

For the purposes of this Act, the sale of any food for the purpose of being mixed with any other food, or with a food of the same kind, shall be deemed to be a sale for human consumption or use if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold for human consumption or use.

The purchase and sale, under the provisions of this Act, of a sample of any food for the purpose of analysis shall be deemed to be a purchase and sale of the food for human consumption or use, unless the seller proves that the bulk from which the sample was taken was offered, exposed, or intended for sale for purposes other than human consumption or use.

When a sample of any milk is taken from a package, the sample shall be deemed for the purposes of this Act to be a sample of any bulk of which the milk in that package forms part notwithstanding that the milk was intended to be mixed with milk in any other package or packages before being sold.

For the purposes of this Act, a person packs any food or appliance for sale whether he packs the food or appliance for sale by himself or by any other person.

In this section the term use means any use in connection with the preparation or packing of food for human consumption.

In this Act, unless the context otherwise requires, food safety programme means a programme designed to identify and control food safety risk factors in order to establish and maintain food safety.

The food safety risk factors may relate to the production, manufacture, preparation, packaging, storage, handling, transport, distribution, or sale of food.

A food safety programme may relate to—

Where any food that is intended for human consumption is offered as a prize or reward in connection with any entertainment to which the public are admitted, whether on payment of money or not, this Act shall apply in relation to the food, as if it were, or had been, exposed for sale by each person concerned in the organisation of the entertainment.

Where any food that is intended for human consumption is offered as a prize or reward or given away for the purpose of advertisement, or in furtherance of any trade or business, this Act shall apply in relation to the food, as if it were, or had been, exposed for sale by the person offering it or giving it away.

The Minister may from time to time appoint such advisory or technical committees as he thinks fit to advise him for any of the purposes of this Act, and may from time to time determine the functions of any such committee.

There may be paid out of money appropriated by Parliament for the purpose to the members of any committee appointed under this section remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the committee were a statutory board within the meaning of that Act.

Subject to the provisions of this Act and of any regulations made under this Act, every such committee may regulate its own procedure.

There may from time to time be appointed under the State Sector Act 1988 such analysts and officers as may be required for the purposes of this Act.

The Director-General may from time to time appoint any person, not being a member of the Public Service, as an analyst or officer for the purposes of this Act.

Officers may be appointed under subsection (1) or subsection (2)—

Any appointment under subsection (2) may be made either generally for the purposes of this Act or for any specified purpose, or for the exercise of any specified power or function of an analyst or officer under this Act, or for any specified period; and may be made in respect of New Zealand generally or in respect of any specified district or districts.

There may be paid out of money appropriated by Parliament for the purpose to any person appointed under subsection (2) such remuneration as may be fixed by the Director-General.

No person appointed as an analyst or officer under subsection (2) shall be deemed by reason of that appointment to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or of the Government Superannuation Fund Act 1956.

The Director-General must from time to time designate an employee as Director for the purposes of this Act.

The Director and every officer must exercise and perform the powers and functions conferred by this Act—

Where, by virtue of any provision of this Act, a reasonable belief in any particular state of affairs is a prerequisite for the exercise of any power by an officer or local authority inspector, it shall be sufficient if the officer or inspector exercises that power at the direction of any other officer or inspector who is superior to him and who, at the time of giving the direction, held such a belief in that state of affairs.

This section applies to a requirement by or under this Act to supply to the Ministry any border information.

Any person who uses the JBMS (Joint Border Management System) to comply with the requirement (including, without limitation, by supplying the information to the Customs, or to an appointed agency, in accordance with section 41D or 41H of the Biosecurity Act 1993) must supply the information in a form and manner—

The approved form and manner referred to in subsection (2)—

Border information, JBMS, and Ministry have, in this section, the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993.

The purpose of this Part is to facilitate a voluntary transition from compliance with the Food Hygiene Regulations 1974 (SR 1974/169) to the adoption, by the food industry, of food safety programmes.

The following persons are exempt from the requirements of the Food Hygiene Regulations 1974, and therefore from the application of this Part, in respect of any operations carried out under a risk management programme registered under Part 2 of the Animal Products Act 1999:

A person who is subject to any regulated control scheme under the Animal Products Act 1999 is also exempt from the requirements of the Food Hygiene Regulations 1974, and therefore from the application of this Part, in respect of any operations that are covered by the regulated control scheme, unless the regulated control scheme specifically states that such operations are not to be treated as exempt from the Food Act regime.

The exemption from the requirements of this Part or of the Food Hygiene Regulations 1974 of secondary processors referred to in subsection (1)(c) relates only to operations carried out under the registered risk management programme in accordance with the terms and conditions of its registration.

Any food safety programme that is so registered as a risk management programme is to be subject to whichever audit or verification regime is specified for it under section 34(3) of the Animal Products Act 1999.

The terms primary processor and secondary processor have the meanings given by section 4 of the Animal Products Act 1999.

The following persons are exempt from the requirements of the Food Hygiene Regulations 1974, and therefore from the application of this Part, in respect of any operations carried out under a wine standards management plan registered under subpart 1 of Part 2 of the Wine Act 2003:

Subject to section 8C, any person may apply to the Director-General or the relevant territorial authority for an exemption from the provisions of the Food Hygiene Regulations 1974 in respect of any premises of the applicant, or any vehicle of the applicant, or both.

Every application for an exemption shall—

For the purposes of this section, the relevant territorial authority, in relation to an application made under this section, is,—

Subject to subsection (2), where an application for an exemption is made under section 8B, and the exemption is refused, no further application that is the same or substantially the same as the first application may be made (whether to the same person or body or a different person or body) within the period of 6 months after the date of that refusal.

A further application may be made within the period specified in subsection (1) if the Director-General or, as the case requires, the territorial authority to which the application is made is satisfied that there are special circumstances justifying the making of the further application within that period.

Where an exemption is in force in respect of any premises or vehicle, nothing in any of Parts 1 to 17 of the Food Hygiene Regulations 1974 shall apply in respect of those premises or, as the case may be, that vehicle.

The fact that an exemption is in force in respect of any premises or vehicle does not affect the powers of a designated officer under regulation 82 of the Food Hygiene Regulations 1974 in respect of those premises or, as the case may be, that vehicle.

Subject to section 8D(1), nothing in this Part affects the duty of a territorial authority to enforce the provisions of the Food Hygiene Regulations 1974 within its own district.

For the purpose of fulfilling the duty referred to in subsection (1), every territorial authority shall take all reasonable steps—

On receiving an application made under section 8B, the Director-General, if he or she is satisfied—

may exempt the applicant from the provisions of the Food Hygiene Regulations 1974 in respect of any premises of the applicant, or any vehicle of the applicant, or both.

A food safety programme is not appropriate, for the purposes of section 8F or section 8O, unless it complies, at a minimum, with the following requirements:

If the Director-General proposes to refuse to grant an exemption, the Director-General shall give the applicant—

Every exemption granted under section 8F by the Director-General shall specify the terms of the exemption.

Subject to subsection (5), the Director-General may from time to time vary the terms of an exemption granted under section 8F, by endorsement on the exemption or otherwise in writing.

An exemption may be unconditional or subject to such conditions as the Director-General thinks fit and specifies in the exemption.

Subject to subsection (5), the Director-General may at any time, by written notice to the holder of an exemption, revoke, amend, or add to any conditions imposed pursuant to subsection (3).

Except where the terms or conditions of an exemption are varied, pursuant to subsection (2) or subsection (4), on the application of the holder of the exemption and in accordance with the terms of that application, the Director-General shall not vary the terms or conditions of any exemption under this section without first giving the holder of the exemption a reasonable opportunity to make written submissions to the Director-General in relation to the matter.

The Director-General may specify in any exemption granted under section 8F that the exemption is to have effect indefinitely or for a stated period.

Every exemption granted under section 8F—

Subject to subsection (3), the Director-General may at any time, by notice in writing to the holder of an exemption, revoke an exemption granted under section 8F.

Without limiting the generality of subsection (1), the Director-General may revoke an exemption if the Director-General is satisfied—

The Director-General shall not revoke an exemption unless the Director-General has first given the holder of the exemption a reasonable opportunity to be heard.

Subject to this section, the holder of an exemption granted under section 8F may at any time surrender that exemption by notice in writing to that effect sent to the Director-General.

The surrender shall take effect on the expiry of 3 months after the date of the receipt of the notice by the Director-General, or on such earlier date as the Director-General may approve.

On or before the surrender takes effect, the holder of the exemption shall send the exemption to the Director-General.

Notwithstanding anything in this Part, the Director-General may, if he or she thinks fit, cancel an existing exemption granted under section 8F and issue a new exemption in substitution for it,—

On receiving an application made under section 8B, the territorial authority, if it is satisfied—

may exempt the applicant from the provisions of the Food Hygiene Regulations 1974 in respect of any premises of the applicant, or any vehicle of the applicant, or both.

On receiving an application made under section 8B, the territorial authority, if it is satisfied—

shall refer the application to the Director-General for determination pursuant to section 8O.

Where, pursuant to section 8O(3) or section 8X(1)(b), the Director-General directs a territorial authority to grant an exemption, the territorial authority shall, in accordance with that direction, grant the exemption accordingly.

Where, pursuant to section 8N(2), an application is referred to the Director-General, the Director-General shall decide whether or not the food safety programme adopted by the applicant is appropriate.

Section 8G shall apply for the purposes of deciding, pursuant to this section, whether or not a food safety programme is appropriate.

If the Director-General, after considering an application in accordance with this section, decides that the food safety programme adopted by the applicant is appropriate,—

Subject to subsection (5), if the Director-General, after considering an application in accordance with this section, is not satisfied that the food safety programme adopted by the applicant is appropriate, the Director-General shall direct the relevant territorial authority to refuse to grant an exemption to the applicant, and the territorial authority shall refuse to grant the exemption accordingly.

If the Director-General proposes to give a direction pursuant to subsection (4), the Director-General shall give the applicant—

If a territorial authority proposes to refuse to grant an exemption, the territorial authority shall give the applicant—

Where a territorial authority refuses to grant an exemption, the territorial authority shall give written notice of its decision to the applicant, and shall inform the applicant of the applicant’s right of appeal under section 8V.

Nothing in this section applies where a territorial authority is directed, pursuant to section 8O(4), to refuse to grant an exemption.

Every exemption granted under section 8N by a territorial authority shall specify the terms of the exemption.

Subject to subsections (5) and (6), the territorial authority may from time to time vary the terms of an exemption granted under section 8N, by endorsement on the exemption or otherwise in writing.

An exemption may be unconditional or subject to such conditions as the territorial authority thinks fit and specifies in the exemption.

Subject to subsections (5) and (6), the territorial authority may at any time, by written notice to the holder of an exemption, revoke, amend, or add to any conditions imposed pursuant to subsection (3).

Except where the terms or conditions of an exemption are varied,—

the territorial authority shall not vary the terms or conditions of any exemption under this section without first giving the holder of the exemption a reasonable opportunity to make written submissions to the territorial authority in relation to the matter.

Where a territorial authority grants an exemption on the direction of the Director-General given under section 8O(3),—

The Director-General shall not give a direction pursuant to subsection (6)(b) in relation to an exemption without first giving the holder of the exemption a reasonable opportunity to make written submissions to the Director-General in relation to the matter.

A territorial authority may specify in any exemption granted by it under section 8N that the exemption is to have effect indefinitely or for a stated period.

Every exemption granted under section 8N—

Subject to subsection (3), a territorial authority may at any time, by notice in writing to the holder of an exemption, revoke an exemption granted by that territorial authority under section 8N.

Without limiting the generality of subsection (1), a territorial authority may revoke an exemption if the territorial authority is satisfied—

A territorial authority shall not revoke an exemption unless the territorial authority has first given the holder of the exemption a reasonable opportunity to be heard.

Subject to this section, the holder of an exemption granted by a territorial authority under section 8N may at any time surrender that exemption by notice in writing to that effect sent to that territorial authority.

The surrender shall take effect on the expiry of 3 months after the date of the receipt of the notice by the territorial authority, or on such earlier date as the territorial authority may approve.

On or before the surrender takes effect, the holder of the exemption shall send the exemption to the territorial authority.

Notwithstanding anything in this Part, a territorial authority may, if it thinks fit, cancel an existing exemption granted by that territorial authority under section 8N and issue a new exemption in substitution for that exemption,—

Subject to subsection (2), any person whose application under section 8B to a territorial authority for an exemption is refused may appeal against that decision to the Director-General.

No appeal shall lie under this section in any of the following cases:

Every appeal under this section shall be commenced by way of notice of appeal lodged with the Director-General within 20 working days after notice of the refusal is communicated to the appellant.

Every notice of appeal shall—

On lodging an appeal under this section, the appellant shall forthwith give a copy of the notice of appeal to the territorial authority against whose decision the appeal is lodged.

Every appeal under section 8V shall be determined as soon as reasonably practicable after the appeal is lodged.

On an appeal under section 8V,—

On an appeal under section 8V, the Director-General—

Subject to this section and to any regulations made under this Act, the Director-General may determine the procedure relating to any appeal under section 8V.

On an appeal under section 8V against a decision of a territorial authority, the Director-General may—

On determining an appeal under section 8V, the Director-General shall cause the parties to be notified, in writing, of the Director-General’s decision, and of the reasons for the Director-General’s decision.

The decision of the Director-General on any appeal under section 8V shall be final.

On any appeal under section 8V, the Director-General may make an order for the payment by any party to the appeal of all or part of the costs incurred in respect of the appeal by any other party to the appeal, and in any such case the costs so awarded shall be recoverable as a debt due by the party against whom they have been awarded to the party in whose favour they have been awarded.

Subject to subsections (2) and (3), a territorial authority that has functions, powers, and duties under this Part may, in accordance with this section, transfer those functions, powers, and duties to another territorial authority or to the Director-General.

A territorial authority may not transfer—

A territorial authority shall not transfer its functions, powers, and duties under this section unless—

A transfer of functions, powers, and duties under section 8ZA shall be made—

Where a territorial authority transfers its functions, powers, and duties under section 8ZA, that territorial authority shall cease to be responsible for the exercise or performance of those functions, powers, and duties.

Where functions, powers, and duties are transferred under section 8ZA to a territorial authority,—

Where functions, powers, and duties are transferred under section 8ZA to the Director-General,—

A territorial authority which has transferred its functions, powers, and duties under section 8ZA may,—

A transferee to which functions, powers, and duties have been transferred under section 8ZA may relinquish the transfer in accordance with the transfer agreement.

For the purposes of this Part, the Minister may from time to time, by notice in the Gazette,—

Without limiting the generality of subsection (1), performance standards issued under this section may—

The Minister shall not issue any performance standards under this section, or amend or revoke any such performance standards, unless the Minister is satisfied that appropriate consultation has been carried out with respect to the performance standards or, as the case may be, the amendment or revocation, including (without limitation)—

Every territorial authority shall take all reasonable steps to ensure that it complies with the requirements of any performance standards for the time being in force under section 8ZE.

If the Minister considers that any territorial authority is not exercising or performing any of its functions, powers, or duties under this Part to the extent that the Minister considers necessary to achieve the purposes of this Part, the Minister may appoint, on such terms and conditions as the Minister thinks fit,—

to exercise or perform all or any of those functions, powers, or duties in place of the territorial authority.

Before making any appointment under subsection (1), the Minister shall give the territorial authority at least 20 days’ notice in writing of the Minister’s intention to do so.

Any territorial authority appointed under subsection (1) to exercise or perform the functions, powers, or duties of a territorial authority under this Part may do so as if the territorial authority so appointed were the other territorial authority; and the provisions of this Act shall apply accordingly.

Where the Director-General is appointed under subsection (1) to exercise or perform the functions, powers, or duties of a territorial authority, the Director-General may do so as if the functions, powers, or duties were conferred on the Director-General directly by this Part; and the provisions of this Act shall apply accordingly.

All costs, charges, and expenses incurred by the Minister for the purposes of section 8ZG, or by a territorial authority appointed under that section, or by the Director-General in the case where he or she is appointed under that section, in exercising or performing any functions, powers, or duties of a territorial authority, shall be recoverable from the territorial authority as a debt due to the Crown or may be deducted from any money payable to the territorial authority by the Crown.

In making an appointment under section 8ZG, the Minister shall specify the period for which the appointment is made, and it may from time to time be renewed.

In determining whether any appointment under section 8ZG should be renewed or whether a new appointment should be made, the Minister shall consider whether the territorial authority is capable of exercising its functions, powers, and duties under this Part, and, if the Minister considers the territorial authority is so capable, the territorial authority shall be directed by the Minister to resume those functions, powers, and duties.

Where the Director-General grants an exemption under this Part, the Director-General shall have the function of monitoring compliance with that exemption.

Where a territorial authority grants an exemption under this Part, that territorial authority shall have the function of monitoring compliance with that exemption.

For the purposes of this Part, the Director-General may from time to time issue guidelines to territorial authorities concerning—

Without limiting the generality of subsection (1), guidelines issued under this section may—

The Director-General may from time to time amend or revoke any guidelines issued pursuant to this section.

The Director-General shall not issue any guidelines, or any amendment or revocation of any guidelines, unless the Director-General is satisfied that appropriate consultation has been carried out with respect to the guidelines, amendment, or revocation, including (without limitation)—

Every territorial authority shall observe every guideline, so far as the guideline is applicable to that territorial authority.

The Director-General may from time to time issue guidelines setting standard criteria that a food safety programme must satisfy before an application for an exemption based on that food safety programme may be granted by a territorial authority.

Standard criteria may be set with respect to food safety programmes relating to—

Without limiting the generality of this section, guidelines may set standard criteria for a food safety programme in such manner as the Director-General thinks fit, including (without limitation) in any 1 or more of the following ways:

For the purposes of this section, an application for an exemption is based on a particular food safety programme if the application relies on the adoption, by the applicant, of that food safety programme.

The following material may be incorporated by reference into guidelines:

Any such material may be so incorporated in guidelines either in whole or in part, and either unmodified or with such additions or variations as are specified in the guidelines.

Subject to subsection (4), any material incorporated in guidelines by reference under subsection (1) (as it existed on the date of the inclusion but with such additions or variations (if any) as are specified in the guidelines) shall be deemed for all purposes to form part of the guidelines.

Every reference in any guidelines to the current edition of any specified standard work of reference (such as the Codex Alimentarius) shall be construed at any particular time as the latest edition of that work available at that time, together with any amendments, additions, and deletions made to or from it up to that time.

The Director-General shall make available for inspection free of charge or for purchase at a reasonable price, at such place or places as he or she shall from time to time appoint, copies of all material incorporated in guidelines by reference under subsection (1).

All guidelines—

Where guidelines are issued,—

All guidelines issued under this Act shall come into force on the 28th day after the date of their notification in the Gazette or on such later day as may be specified for that purpose in the guidelines.

Subject to subsection (5), the provisions of this section apply, with all necessary modifications, in respect of any amendment or revocation of any guidelines.

Nothing in subsection (3) applies in respect of any amendment to any guidelines to correct any obvious mistake (including, without limitation, grammatical and typographical errors or omissions).

Every person commits an offence against this Act who, being the holder of an exemption, acts in contravention of, or fails or refuses to comply with, any condition of that exemption, in any case where that action, failure, or refusal may create, directly or indirectly, a risk to human health.

Every individual who commits an offence against subsection (1) is liable on conviction,—

and, where the offence is a continuing one, to a further fine not exceeding $500 for every day or part of a day during which the offence continues.

Every body corporate who commits an offence against subsection (1) is liable on conviction,—

and, where the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

Within 14 days of the granting of an exemption, the holder of the exemption shall,—

in writing, of the name of the approved auditor engaged by the exemption holder to audit the food safety programme adopted by the exemption holder.

If the holder of an exemption changes his or her or its approved auditor, the exemption holder shall, within 14 days of that change,—

in writing, of that change, and of the name of the new approved auditor.

Every person commits an offence against this Act who, being the holder of an exemption, fails to comply with the requirements of subsection (1) or subsection (2).

Every individual who commits an offence against subsection (3) is liable on conviction,—

Every body corporate who commits an offence against subsection (3) is liable on conviction,—

The Director-General shall cause to be kept and maintained a register in which is recorded, in respect of every exemption granted under this Part, the following particulars:

The Director-General—

The register may be kept in such manner as the Director-General thinks fit, including, either wholly or partly, by means of a device or facility—

The Director-General shall make such arrangements as are reasonably necessary to facilitate effective and efficient access by territorial authorities to information in the register.

Where a territorial authority—

the territorial authority shall, as soon as practicable, forward to the Director-General such information as is reasonably necessary to enable the Director-General to comply with the requirements of section 8ZS in relation to that exemption.

Where the Director-General—

the Director-General shall, as soon as practicable, inform the relevant territorial authority of the grant or revocation of that exemption.

The Director-General may from time to time, on application by any person, approve that person to carry out periodic audits of food safety programmes adopted by persons who hold exemptions.

Every application for approval under this section shall—

The Director-General shall not grant an approval under this section unless the Director-General is satisfied that the applicant is a fit and proper person to carry out such audits, having regard to—

If the Director-General proposes to refuse to grant an approval, the Director-General shall give the applicant—

Without limiting subsection (3) of section 8ZV, in determining whether or not to grant an approval under that section, the Director-General shall take into account the need to ensure the integrity of the audit process, and, in particular, the need to ensure that—

Without limiting section 8ZX, it shall be a condition of every approval granted under section 8ZV that the approved auditor must—

Subject to section 8ZW, an approval granted under section 8ZV may be subject to such conditions as the Director-General thinks fit and specifies in the approval.

Subject to subsection (3), the Director-General may at any time, by written notice to the holder of an approval, revoke, amend, or add to any conditions imposed pursuant to subsection (1).

Except where any variation to any approval is made, pursuant to subsection (2), on the application of the holder of the approval and in accordance with the terms of that application, the Director-General shall not vary any approval under this section without first giving the holder of the approval a reasonable opportunity to make written submissions to the Director-General in relation to the matter.

The Director-General may specify in any approval granted under section 8ZV that the approval is to have effect indefinitely or for a stated period.

Every such approval—

Subject to subsection (2), the Director-General may at any time, by notice in writing to the holder of an approval granted under section 8ZV, revoke that approval if the Director-General is satisfied—

The Director-General shall not revoke an approval unless he or she has first given the holder of the approval a reasonable opportunity to be heard.

Where an approval is revoked pursuant to this section, the former holder of that approval shall, as soon as practicable after that revocation, take all reasonable steps to notify the fact of that revocation to each person who was a client of that former holder (in that former holder’s capacity as a person approved to audit food safety programmes) immediately before that revocation.

Subject to this section, the holder of an approval granted under section 8ZV may at any time surrender that approval by notice in writing to that effect sent to the Director-General.

The surrender shall take effect on the expiry of 3 months after the date of the receipt of the notice by the Director-General, or on such earlier date as the Director-General may approve.

On or before the surrender takes effect, the holder of the approval shall send the approval to the Director-General.

Where an approval granted under section 8ZV is revoked or surrendered, the Director-General shall, as soon as practicable, notify that fact to every territorial authority.

Notwithstanding anything in this Part, the Director-General may, if he or she thinks fit, cancel an existing approval granted under section 8ZV and issue a new approval in substitution for it,—

Where,—

that person shall, within 14 days of so ceasing to be the approved auditor in relation to that food safety programme, notify the enforcement authority, in writing, of that fact.

Every person commits an offence against this Act who fails to comply with the requirements of section 8ZZ(3) or section 8ZZD.

Every individual who commits an offence against subsection (1) is liable on conviction,—

Every body corporate who commits an offence against subsection (1) is liable on conviction,—

The Director-General shall cause to be kept and maintained a list of every holder of an approval granted under section 8ZV.

The Director-General—

The list may be kept in such manner as the Director-General thinks fit, including, either wholly or partly, by means of a device or facility—

The Director-General shall make such arrangements as are reasonably necessary to facilitate effective and efficient access by territorial authorities to the list.

Nothing in this Part limits section 42(1)(z) or any regulations made pursuant to that provision.

If, in respect of the composition of any kind of food, a standard is prescribed—

no person shall sell any article under such a name or description as to lead an intending purchaser to believe that the intending purchaser is purchasing that kind of food unless the article complies with the standard.

If a person sells an article to a purchaser in response to a request for a food of a kind for which a standard is prescribed by or under regulations made under this Act or by any food standard, the first-mentioned person shall be deemed to sell a food of that kind and under such description as is specified in subsection (1) unless that person clearly notifies the purchaser at the time of sale that the article is not of that kind.

Notwithstanding that a food otherwise complies with the standard prescribed for that kind of food by or under regulations made under this Act or by any food standard, it shall be deemed not to comply with that standard if anything has been added to it—

No person shall prepare or pack for sale, or sell,—

Every individual who contravenes any of the provisions of this section commits an offence and is liable on conviction,—

Every body corporate who contravenes any of the provisions of this section commits an offence and is liable on conviction,—

No person shall sell any food or appliance—

Every individual who contravenes any of the provisions of this section commits an offence and is liable on conviction,—

Every body corporate who contravenes any of the provisions of this section commits an offence and is liable on conviction,—

No person shall, for the purpose of effecting or promoting the sale of a food, publish or cause to be published, either on that person’s own account or as the servant or agent of the person seeking to effect or promote the sale, any advertisement relating or likely to cause any person to believe that it relates to the food, or to any ingredient or nutrient or other constituent of the food, that—

For the purposes of subsection (1), any words, the inclusion of which in an advertisement are necessary in order to avoid a contravention of that subsection, shall, where they appear in an advertisement published by television or otherwise in a transitory manner on a screen, be disregarded unless they are exposed in clearly legible lettering for a length of time sufficient to enable them to be read by the ordinary viewer.

Every individual who contravenes any of the provisions of subsection (1) commits an offence and is liable on conviction,—

Every body corporate who contravenes any of the provisions of subsection (1) commits an offence and is liable on conviction,—

Every person commits an offence against this Act who wilfully acts in contravention of, or fails or refuses to comply with any provision of, this Act or any regulations made under this Act or any food standard, knowing that the action, failure, or refusal may create, directly or indirectly, a risk to human health.

Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $100,000, and, where the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

Except as provided in subsections (2) and (3), no person shall sell, resell, or buy any raw milk.

A milk producer may sell raw milk to any person if—

and the person may buy it accordingly.

A milk producer may sell raw milk to a dairy processor (as defined in section 4(1) of the Animal Products Act 1999) who—

This section is subject to section 9.

The purposes of this Part are—

The Minister may from time to time issue standards in respect of food manufactured or prepared for sale or sold in New Zealand, or imported into New Zealand.

Without limiting the generality of subsection (1), standards may be issued under that subsection for the purposes of, or in relation to, all or any of the following:

Without limiting the generality of section 11C, food standards may be issued under that section—

The Minister shall not declare a food to be a prescribed food unless the Minister is satisfied that, because of—

it is necessary or desirable that the provisions of section 11P apply in respect of the food in order to minimise the risk of illness or injury posed by the food.

In issuing any food standard, the Minister shall take into account the following:

The Minister shall not issue any food standard unless the Minister is satisfied that appropriate consultation has been carried out with respect to the food standard, including (without limitation)—

The following material may be incorporated by reference into a food standard:

Any such material may be so incorporated in a food standard either in whole or in part, and either unmodified or with such additions or variations as are specified in the food standard.

Subject to subsection (4), any material incorporated in a food standard by reference under subsection (1) (as it existed on the date of the inclusion but with such additions or variations (if any) as are specified in the food standard) shall be deemed for all purposes to form part of the food standard.

Every reference in any food standard to the current edition of any specified standard work of reference (such as the Food Chemicals Codex or the Pharmaceutical Codex) shall be construed at any particular time as the latest edition of that work available at that time, together with any amendments, additions, and deletions made to or from it up to that time.

The Director-General shall make available for inspection free of charge or for purchase at a reasonable price, at such place or places as he or she shall from time to time appoint, copies of all material incorporated in a food standard by reference under subsection (1).

Every food standard issued under this Act—

Where a food standard is issued under this Act,—

Every food standard issued under this Act shall come into force on the 28th day after the date of its notification in the Gazette or on such later day as may be specified for that purpose in the standard.

Any food standard may apply generally or in relation to any 1 or more of the following:

Without limiting the generality of subsection (1)(b), a class of food may be defined by reference to the country, region, or locality in which the food is produced, or from which that food is imported or otherwise obtained.

No food standard shall be invalid because it—

Subject to section 11G(3), the commencement of any food standard may be wholly suspended until it is applied by the Minister by notice in the Gazette.

A food standard is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Notwithstanding anything in section 28 of the State Sector Act 1988, the Minister shall not delegate to any other person the Minister’s power to issue food standards.

Without affecting any other method of proof, the production in any proceedings of a copy of any food standard purporting to have been issued by the Minister shall, in the absence of evidence to the contrary, be sufficient evidence that it has been issued under the authority of section 11C, on the date shown on it as the date of issue.

Without affecting any other method of proof, the production in any proceedings of a copy of an emergency food standard purporting to have been issued by the Director-General shall, in the absence of evidence to the contrary, be sufficient evidence that it has been issued under the authority of section 11M, on the date shown on it as the date of issue.

In any proceedings, and without affecting any other method of proof,—

The Minister may at any time amend or revoke any food standard.

Subject to subsection (3), the provisions of sections 11E to 11K shall apply in respect of any amendment or revocation of any food standard.

Nothing in section 11E(2) applies in respect of any amendment to any food standard to correct any obvious mistake (including, without limitation, grammatical and typographical errors or omissions).

The Director-General may from time to time exercise the powers conferred on the Minister by section 11C or section 11L to issue food standards or amend food standards, or both, if the Director-General considers that—

Every food standard or amendment of a food standard issued under this section shall—

Notwithstanding anything in section 11E or section 11G,—

Except as provided by subsection (3), all the provisions of this Act shall apply, with all necessary modifications, in relation to the issuing of emergency food standards under this section, and with respect to emergency food standards so issued, as they apply in relation to food standards that are not emergency food standards.

The Minister may revoke any emergency food standard, and the revocation shall be notified as if it were an emergency food standard.

Notwithstanding anything in section 41 of the State Sector Act 1988, the Director-General shall not delegate to any other person the power conferred on the Director-General by section 11M.

Nothing in this section limits section 40 of the State Sector Act 1988.

No person shall—

Where a food standard declares a food to be a prescribed food when it is imported into New Zealand, no person shall import that food into New Zealand unless that person has first satisfied an officer, by such means as the officer may reasonably require (including, without limitation and by way of example only, by the production of such evidence as the officer may reasonably require), that the food complies in all respects with—

Where a food standard declares a food to be a prescribed food in any other circumstances and conditions specified in the food standard, no person shall deal with that food in those circumstances and conditions unless that person has first satisfied an officer, by such means as the officer may reasonably require (including, without limitation and by way of example only, by the production of such evidence as the officer may reasonably require), that—

will comply in all respects with—

Without limiting subsections (1) and (2), where,—

that person shall, in addition to satisfying that officer with respect to the other requirements of that subsection, also satisfy that officer, by the production of such evidence as the officer may reasonably require, that the person will comply in all respects with all relevant conditions of that exemption.

Every individual who contravenes any of the provisions of section 11O or section 11P commits an offence and is liable on conviction,—

and, where the offence is a continuing one, to a further fine not exceeding $500 for every day or part of a day during which the offence continues.

Every body corporate who contravenes any of the provisions of section 11O or section 11P commits an offence and is liable on conviction,—

and, where the offence is a continuing one, to a further fine not exceeding $1,000, for every day or part of a day during which the offence continues.

In this section and sections 11S to 11ZE, unless the context otherwise requires,—

Except as provided in section 11W or section 11Y or section 11ZA, during the transition period,—

Where—

those food standards shall contain a provision (in this section referred to as a declaring provision) stating that compliance with those food standards is to be an alternative to compliance with such provisions of the Food Regulations 1984 as are specified in the declaring provision.

It shall not be necessary, for the purposes of this section, for a declaring provision to identify, in respect of each and every provision of any food standards, which provision of the Food Regulations 1984 is a superseded food regulation, as long as the declaring provision contains sufficient detail to enable a reasonable person to ascertain which provisions of the Food Regulations 1984 need not be complied with if those food standards are complied with.

This section applies to the following persons:

Any person to whom this section applies may, at any time during the transition period, elect that alternative food standards are to apply, during the transition period, in respect of a particular food dealt with by that person.

Any person who wishes to make an election shall record an entry in a register kept by that person for the purpose.

Every such entry made pursuant to subsection (3)—

Any person who makes an election may at any time revoke that election by recording an entry to that effect in the register in which the election is recorded.

Every such entry made pursuant to subsection (1)—

Notwithstanding section 11S, where a person elects that alternative food standards are to apply, during the transition period, in respect of a particular food dealt with by that person, then, while that election has effect,—

Nothing in subsection (1) limits or affects the liability of that person for any offence committed before that election takes effect.

The fact that, by virtue of an election made by any person, any food standards apply, in accordance with section 11W, during the transition period, in respect of any food dealt with by that person does not require any other person (in this subsection referred to as the seller) who sells that food to comply with those food standards, if—

Where—

then that person shall not deal with that food in that manner unless that person has elected that those alternative food standards are to apply in respect of that food.

The Minister may from time to time during the transition period, by notice published in the Gazette, declare, in respect of any food standards specified in the notice, that compliance with those food standards, during the transition period, is mandatory.

A provision contained in any food standards and declaring that compliance with 1 or more provisions of those food standards, during the transition period, is mandatory, shall be deemed to be a declaration made under subsection (1).

The Minister may at any time, in like manner, amend or revoke any declaration made under this section.

Notwithstanding section 11S, where a mandatory food standard applies in respect of any food, then, during the transition period,—

In the event of any inconsistency between any provision of the Food Regulations 1984 and the provisions of any food standards, where that inconsistency arises during the transition period, the provisions of the food standards shall, to the extent of the inconsistency, prevail.

In the event of any inconsistency between any provisions of any mandatory food standards and the provisions of any alternative food standards, where that inconsistency arises during the transition period, the provisions of the mandatory food standards shall, to the extent of the inconsistency, prevail.

Where, during the transition period,—

that person shall, on request by any other person, promptly tell the other person whether the first-mentioned person has elected that alternative food standards are to apply in respect of that food.

During the transition period, and for a period of not less than 1 year after the expiry of the transition period, every person who makes an election shall cause to be kept and maintained a register in which is recorded—

Every such register may be kept in such manner as the person keeping it thinks fit, including, either wholly or partly, by means of a device or facility—

Every person who is required by this section to keep a register shall, at all reasonable times, allow any officer to enter that person’s premises (not being a dwellinghouse) for the purpose of inspecting that register, and shall, on request,—

Section 12(3) applies, with all necessary modifications, in respect of the exercise by an officer of any powers under subsection (3).

Every person commits an offence against this Act who fails to comply with the requirements of section 11ZC or section 11ZD.

Every individual who commits an offence against subsection (1) is liable on conviction,—

and, where the offence is a continuing one, to a further fine not exceeding $500 for every day or part of a day during which the offence continues.

Every body corporate who commits an offence against subsection (1) is liable on conviction,—

and, where the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

In this section the expression article to which this section applies means—

An officer, and any other person assisting him and acting under his direct supervision, may at any reasonable time—

Subject to sections 14 and 16, the provisions of Part 4 of the Search and Surveillance Act 2012 (except subparts 2 and 3, sections 118, 119, 125(4), 131(5)(f), and 133, and subparts 6 and 8) apply in respect of any seizure and detention under subsection (2)(i) or (j).

On demand by any person in any premises or vehicle, or claiming any interest in any article, in or in respect of which any power is exercised under this section, the officer exercising the power shall identify himself and produce evidence that he is an officer.

A local authority inspector, and any other person assisting him and acting under his direct supervision, may at any reasonable time, within any district in which the inspector is employed,—

Subject to sections 14 and 16, the provisions of Part 4 of the Search and Surveillance Act 2012 (except subparts 2 and 3, sections 118, 119, 125(4), 131(5)(f), and 133, and subparts 6 and 8) apply in respect of any seizure and detention under subsection (1)(d).

Section 12(3), with all necessary modifications, shall apply in respect of the exercise by a local authority inspector of any powers under this section.

Every local authority—

If any officer or local authority inspector seizes any article under section 12 or section 13 in any premises or vehicle that is not in the occupation or use of the owner of the article, he shall forthwith give notice in writing of the seizure to the owner, or to the consignor or consignee, or to the agent of the owner, of the article, if his name and address are on or attached to the article or are otherwise known to the officer or inspector, and the address is that of a place in New Zealand.

Subject to subsection (3), where any article is—

it may, at the option of the officer or local authority inspector concerned, be detained in the premises or vehicle where it was ordered to be detained or seized, or removed to another place and detained there, at the expense of the owner at the time of the order or seizure.

An officer or local authority inspector shall release any article seized or ordered by him to be detained under section 12 or section 13 when he is satisfied—

If, within the time limited by section 16(1), the seized article has not been released and no application for disallowance of that seizure has been made under that section or any such application has been dismissed, the article shall,—

and, in either case, the owner of the article at the time of the seizure shall be liable for any costs or expenses incurred in the disposition of that article.

Without prejudice to the owner’s liability under subsections (2) and (4), where the article was, at the time of the seizure, in the possession of a person who was not the owner and the identity of the owner is not known to the officer or local authority inspector, the person in whose possession the article was at that time shall be liable for any costs and expenses incurred in the detention, removal, or disposition of that article.

If any article seized under section 12 or section 13 is not destroyed or otherwise disposed of under this section, it shall be returned to the person from whom it was seized when the officer or local authority inspector concerned is satisfied of the matters referred to in subsection (3).

Notwithstanding sections 12 to 14, an officer or a local authority inspector may at any time seize and destroy any food that is decayed or putrified.

A search warrant may be issued under section 6 of the Search and Surveillance Act 2012 in respect of an offence which has been or is suspected to have been committed against section 9 or section 10 or section 11 or section 11Q or section 11ZE or which is believed to be intended to be so committed, even though the offence is not punishable by imprisonment.

An officer who is authorised in writing by the Director-General to apply for search warrants in relation to the offences referred to in subsection (1) may apply for such a warrant under section 6 of the Search and Surveillance Act 2012 as if that officer were a constable.

Any person claiming any interest in any article seized or ordered to be detained under section 12 or section 13, may, within 3 days thereafter, apply to a District Court for an order—

On any such application, the court may dismiss it, or, subject to subsections (3) and (4), order—

and any such order may be made upon and subject to such terms and conditions as the court thinks fit.

No order that the seizure of the article be disallowed or that the detention of the article be terminated in whole or in part shall be made if the court is of the opinion that the purpose to which that article or that part is intended to be put will probably involve the commission of an offence against this Act, or any regulations made under this Act, or that the continued detention of that article or that part is expedient for the purposes of its production in any pending proceedings under this Act.

No order for the payment of compensation shall be made except in respect of an article or part that, in the opinion of the court, ought not to have been seized or continued to be detained, as the case may be, and except to the extent that the court disallows the seizure or terminates the detention.

Where the court makes an order for the payment of any sum by way of compensation to any person under this section, the sum so awarded shall be recoverable by that person as a debt due from the Crown or the local authority, as the case may be.

Every application to the court under this section shall be made and dealt with by way of originating application filed in the office of the court nearest to the place where the article in dispute was seized or ordered to be detained.

The applicant shall serve notice of his application on the respondent on or before the date on which he files it in the court.

Except as modified by subsections (6) and (7), the rules of procedure for the time being in force under the District Courts Act 1947 shall apply with respect to every application to the court under this section.

Every order made by the court under this section shall be final and binding on all parties.

Nothing in this section shall limit or affect the Customs Act 1966 or any other enactment.

Without limiting section 12, where the Medical Officer of Health or the Director reasonably suspects that any person is in possession—

in breach of this Act or of any regulations or food standards made under this Act, he may require that person to produce for his inspection, or to produce to any officer specially authorised by him for the purpose, any books, documents, or other records dealing with the importation, purchase, reception, manufacture, processing, preparation, packing, storage, carriage, delivery, or sale of any such food, substance, appliance, or article.

The Medical Officer of Health or the Director may make or cause to be made copies of or extracts from any such books, documents, or other records, and the copies or extracts, certified as such by him or by any specially authorised officer, shall be deemed to be true and correct copies or extracts, unless the contrary is proved.

Every person commits an offence against this Act who refuses or fails to comply with any requirement made under this section.

For the purposes of this section, any goods that have been seized or detained, whether under this Act or any other enactment, shall be deemed to be still in the possession of the person who had them in his possession when they were seized or ordered to be detained.

Any officer acting in the exercise of any of his powers under this Act may require any person who is in possession of any food for sale, or for delivery upon sale, to state correctly his name and address and, so far as he is aware of them, the name and address of the person from whom he obtained the food.

Every person commits an offence against this Act who fails, without reasonable excuse, to comply with any requirement of an officer under subsection (1).

In this section the term officer includes a local authority inspector.

No prosecutor or witness in any prosecution under this Act shall be compelled to disclose the fact that he received any information, or the nature of such information, or the name of any person who gave such information; and no officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity, or to make any statement in relation to any such report or document.

In this section the term officer includes a local authority inspector.

For the purposes of analysis, an officer may demand and select and take or obtain samples of any food, or of any substance reasonably believed by him to be a food, or any appliance, in accordance with this section.

When an officer intends to procure a sample of a food, or an appliance, for the purposes of analysis, he shall—

For the purposes of subsection (2), an officer may require the person in possession of a food, or his employee or agent, to show and permit the inspection of any package containing the food and to take therefrom the sample demanded.

Where any food is kept for retail sale in an unopened package, no person shall be required by any officer to sell less than the whole of the contents of the package.

Nothing in this section or in section 21 shall apply to the procuring of a sample of a food from a vending machine if the officer obtains the sample by properly making payment for it and no person present admits to being in charge of the machine.

Notwithstanding anything in this section or in section 21,—

Every person commits an offence against this Act who refuses or fails to comply with any demand or requirement made by an officer under this section.

Without limiting the foregoing provisions of this section, an officer may submit any food or appliance or any part of it, in respect of which a complaint is made by any member of the public, to an analyst for analysis or a report in accordance with this Act.

Subject to the succeeding provisions of this section, where an officer has procured a sample of a food under section 20 (except subsection (8)), he shall—

When any food is contained in a package in such quantity that its division into 3 parts would, in the opinion of the officer, furnish parts insufficient for accurate analysis, additional packages that purport to contain a similar food under the same brand or label may be taken or procured, and the contents of 2 or more packages may be mixed together and the mixture divided and submitted for analysis as provided in this section.

If the officer who has procured the sample considers that it should be analysed, he shall submit 1 part of the sample to an analyst for this purpose and shall retain the third part.

Where—

the officer may submit the whole sample to the analyst instead of dividing it into parts, unless the owner of the food from which the sample was taken or the person from whom the sample was procured requires him to leave a part with such owner or person, in which case it shall be sufficient compliance with that requirement if the officer selects, marks, and seals 2 packages that purport to contain similar food under the same brand or label, as the case may require, and leaves 1 of them.

Subject to subsection (6), if the officer reasonably believes that the food of which he seeks to procure a sample is of such a nature or so packed that there is a risk of its quality being affected in the course and by reason of the procedure prescribed in subsection (1), or there is a danger of the portions not being representative of the bulk of the sample, the officer may submit the whole sample to the analyst instead of dividing it into 3 parts.

In any case to which subsection (5) applies, if the owner of the food or the person from whom the sample was procured so requires, the officer shall select, mark, and seal another package that purports to contain a similar food under the same brand or label, as the case may require, and leave it with that owner or person.