state the purpose of this Act; and

set out the application of this Act; and

define certain terms used in this Act; and

state the primary duty of persons who trade in food; and

specify the principles for persons with regulatory roles under this Act and summarise what those roles are.

provide for the classification of food sectors into 3 classes based on, among other things, the level of risk that they pose to public health; and

specify which (if any) risk-based measure generally applies to food businesses in each of those 3 classes; and

require certain persons who trade in food to operate under the risk-based measure that generally applies to the food sector that the person’s food business is in, unless certain specified circumstances apply; and

set out the nature, content, and effect of risk-based measures.

require the safety and suitability of food imported for the purpose of sale; and

provide for the registration of importers of that food.

provide for the recognition of agencies, persons, and classes of persons for the purposes of this Act; and

state the functions and duties of territorial authorities under this Act; and

set out the principles for the recovery of the direct and indirect costs of administering this Act; and

deal with enforcement matters, such as offences, penalties, evidentiary presumptions, the court’s powers to make additional orders for effective enforcement, and the chief executive’s powers to give directions.

restate and reform the law relating to how persons trade in food; and

achieve the safety and suitability of food for sale; and

maintain confidence in New Zealand’s food safety regime; and

provide for risk-based measures that—

provide certainty for food businesses in relation to how the requirements of this Act will affect their activities; and

require persons who trade in food to take responsibility for the safety and suitability of that food.

clarifying the relationship between this Act and the Animal Products Act 1999 and the Wine Act 2003 by acknowledging that, in addition to this Act, the Animal Products Act 1999 and the Wine Act 2003 contain measures that manage the safety and suitability of any animal product or wine that is food within the meaning of this Act; and

minimising any overlap between the food safety regime under this Act and the food safety regimes under the Animal Products Act 1999 and the Wine Act 2003.

an animal product that is processed under the Animal Products Act 1999 (whether the animal product is for sale on the domestic market or is to be exported), if that animal product is also a food; and

wine that is made under the Wine Act 2003 (whether the wine is for sale on the domestic market or is to be exported), because wine is a food as defined in this Act.

sections 343 and 344 (which allow any food or classes or descriptions of food, persons who trade in food, or operations or places in relation to any trade in food to be exempted from the application of all or any requirements of this Act):

sections 345 to 347 (which allow for exemptions for certain exports):

sections 349 and 350 (which allow certain persons covered by the Animal Products Act 1999 or the Wine Act 2003 to be exempted from the requirement to operate under an applicable risk-based measure).

section 27 (which allows winemakers to apply for their winemaking operations to be included in a registered food control plan or a national programme); and

sections 32 to 34 of the Animal Products Act 1999 (which provide for the relationship between the food safety regime under this Act and risk management programmes under the Animal Products Act 1999 by recognising the general equivalence of food control plans and risk management programmes); and

sections 15A to 15C of the Wine Act 2003 (which provide for the relationship between the food safety regime under this Act and wine standards management plans).

means anything that is used, capable of being used, or represented as being for use, for human consumption (whether raw, prepared, or partly prepared); and

includes—

does not include—

means a business, activity, or undertaking that trades in food (whether in whole or in part); and

includes a business, activity, or undertaking that—

does not include a business, activity, or undertaking—

preparing the food:

manufacturing the food:

packing the food:

labelling the food:

transporting the food:

storing the food:

displaying the food:

serving the food.

subsection (4) are appropriate to food in terms of its intended use; and

subsection (5) do not apply.

include the composition, labelling, identification, and condition of the food; but

do not include—

is in a condition that is offensive:

is damaged, deteriorated, or perished to the extent of affecting its reasonable intended use:

contains, or has attached to it or enclosed with it, any damaged, deteriorated, perished, or contaminated substance or thing to the extent of affecting its reasonable intended use:

contains a biological or chemical agent, or other substance or thing, that is foreign to the nature of the food and the presence of which would be unexpected and unreasonable in food prepared or packed for sale in accordance with good trade practice:

has packaging that is damaged, deteriorated, perished, or contaminated to the extent of affecting the food’s reasonable intended use.

any part of the community objects to it on moral, ethical, cultural, spiritual, or religious grounds; or

any person objects to it because of personal preference; or

its consumption in inappropriate quantities may damage a person’s health; or

its presence or consumption is unhealthy for any person who has an allergy or other personal health condition.

means selling food for processing and handling or for human consumption; and

includes reselling food for processing and handling or for human consumption; and

includes the following activities relating to food for human consumption:

does not include—

the need to develop and maintain productive working relationships and enhanced co-operation among themselves; and

the need for a co-ordinated and aligned approach among themselves in fulfilling their respective roles and responsibilities under this Act.

the need to achieve the safety and suitability of food:

the need to require persons who operate food businesses or otherwise trade in food to take responsibility for the safety and suitability of food:

the need to promote standards and control mechanisms that are, as far as practicable, risk-based and science-based:

the need to minimise compliance costs for food businesses and, in particular, for food businesses that operate under a private or industry programme that achieves the purpose of this Act:

the importance of ensuring that regulatory requirements are applied consistently and fairly across sectors and groups in relation to factors such as risk, including, without limitation,—

the importance of providing services in a co-ordinated and coherent manner as far as practicable.

for the purposes of this Act, issuing national outcomes in relation to the performance by territorial authorities of their functions and duties, or the exercise of their powers, under this Act; and

recommending the making of regulations, including regulations that—

adopting joint food standards; and

issuing domestic food standards; and

appointing persons to conduct reviews of certain decisions made by the chief executive.

providing advice to territorial authorities on the performance of their functions and duties, or the exercise of their powers, under this Act to ensure that the purpose of this Act is achieved; and

providing information to the food industry and the public on matters relating to the safety and suitability of food; and

implementing, managing, monitoring, and auditing the risk-based measures for the safety and suitability of food; and

performing the function of a registration authority; and

for the safety and suitability of food, developing standards and implementing those standards, any adopted joint food standards, and any domestic food standards; and

establishing and monitoring national outcomes, performance criteria, standards, and other requirements that must be met by territorial authorities, agencies, and persons who perform functions or duties, and exercise powers, under this Act; and

implementing, managing, and monitoring the food safety regime for imported food; and

dealing with applications for registration by importers; and

establishing and maintaining the public registers; and

monitoring compliance with the applicable requirements of this Act; and

undertaking contingency planning for incidents that may affect the safety and suitability of food; and

monitoring and implementing the enforcement system under this Act and working collaboratively with territorial authorities and other regulatory bodies; and

co-ordinating the response to emergencies that may undermine the purpose of this Act; and

conducting, on application, reviews of certain decisions made by relevant territorial authorities or designating the persons to conduct those reviews; and

conducting, on application, reviews of certain decisions made by persons acting under his or her delegated authority; and

carrying out any functions that are incidental and related to, or consequential upon, the roles set out in paragraphs (a) to (n).

delivering services that are needed to achieve the purpose of this Act, including the provision of advice and the dissemination of information on matters relating to the safety and suitability of food; and

facilitating the administration and performance of functions and activities that support the role of the chief executive under this Act; and

contributing to the implementation and delivery of risk-based measures for the safety and suitability of food; and

performing the function of a registration authority; and

carrying out enforcement and other regulatory responsibilities under this Act in respect of its district; and

carrying out the role of a recognised agency; and

carrying out any functions that are incidental and related to, or consequential upon, the roles set out in paragraphs (a) to (f).

classifies food sectors into 3 risk classes based on, among other things, the level of risk that their activities pose to public health and assigns a risk-based measure to food businesses in a class where appropriate; and

provides, in Schedule 1, a description of food sectors that are generally subject to a food control plan; and

categorises national programmes into 3 levels based on, among other things, the risks involved and provides, in Schedule 2, a description of food sectors that are generally subject, in descending order of risk, to a level 3, level 2, or level 1 national programme; and

provides, in Schedule 3, a description of food sectors that are not required to operate under a food control plan or a national programme; and

specifies which risk-based measure generally applies if a food sector is not specified in any of Schedules 1 to 3 or if a food sector is described in more than 1 of those schedules; and

requires a person who trades in food and whose food business is in a food sector to which a risk-based measure applies to operate the food business under that risk-based measure, unless the person is exempted from that requirement under the provisions of this Part; and

sets out requirements about the nature, content, and effect of a food control plan and a national programme; and

sets out the circumstances in which a monitoring programme may be imposed.

is based on, among other things, the level of risk that their activities pose to public health in terms of the safety and suitability of food; and

is for the purpose of assigning a risk-based measure that generally applies to food businesses in those food sectors or for identifying those food sectors to which no risk-based measure generally applies.

food sectors that generally pose a high level of risk to public health are classified in Schedule 1 and food businesses in those food sectors must operate under a food control plan:

food sectors that generally pose a medium or medium-to-low level of risk to public health are classified in Schedule 2 and—

food sectors that generally pose a low level of risk to public health are classified in Schedule 3 and food businesses in those food sectors are not required to operate under a food control plan or a national programme.

amending the overview part of a schedule; or

adding the name or description of any food sector to a schedule; or

removing the name or description of any food sector from a schedule; or

amending the name or description of any food sector in a schedule; or

moving the name or description of any food sector from 1 schedule, or Part of a schedule, and inserting that name or description in another schedule, or Part of a schedule; or

revoking a schedule or a Part of a schedule and substituting a new schedule or a new Part of a schedule.

take both of the following matters into account:

be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

the type of food that the food sector trades in; or

the intended purpose or destination of food; or

the type of operations or processes carried out in relation to food; or

the type of place in which the operations or processes are carried out in relation to food; or

any combination of the matters described in paragraphs (a) to (d).

more than 1 of Schedules 1 to 3:

more than 1 of Parts 3 to 5 of Schedule 2.

operate all of the food business’s activities under the risk-based measure that applies to the part of the business with the highest level of risk; or

operate each part of the food business under the risk-based measure that applies, or under no risk-based measure if no risk-based measure applies, to that part of the food business in accordance with section 21(3).

the risk-based measure that would generally apply to the food business is not a food control plan; or

no risk-based measure would generally apply to the food business.

who is a winemaker within the meaning of section 4(1) of the Wine Act 2003; and

who does not require an official assurance issued under section 42 of that Act; and

whose wine is not subject to export eligibility requirements under section 38 of that Act; and

who operates, or is required to operate, under a food control plan or a national programme for activities other than winemaking.

sections 53 to 57 in respect of an application relating to a food control plan:

regulations made under section 76 in respect of an application relating to a national programme.

the frequency, type, and nature of the winemaking operations:

the feasibility, effectiveness, and efficiency of operating under a food control plan or a national programme (as the case may be):

any other matters that the chief executive considers relevant.

the chief executive must, as soon as practicable, give the person written notice of that fact; and

the person is no longer subject to the Wine Act 2003 for the winemaking operations covered by the registered food control plan or the national programme, unless the chief executive imposes reasonable conditions on the person that include the requirement that specified wine standards are covered by the food control plan or the national programme.

the decision and the reason for it; and

the person’s right to seek a review of the decision under section 355.

as specified in Schedule 1 or 2; or

if section 23 or 25 applies, as determined in accordance with that section.

if the operator of the food business chooses, under section 26, to operate the food business under a food control plan; or

to the extent that the operator of the food business is a person or a member of a group that is exempt under section 31 from the requirement to operate under a registered food control plan or a national programme; or

to the extent that the operator of the food business is granted an exemption under section 33; or

to the extent that the operator of the food business is a person who has an exemption under section 349 (certain persons covered by Animal Products Act 1999) or 350 (certain persons covered by Wine Act 2003).

must comply with section 14 and any other applicable requirements of this Act; and

must comply with any applicable requirements of the Animal Products Act 1999 or the Wine Act 2003, including any applicable regulations, standards, notices, or directions made under those Acts; and

is liable to prosecution if the failure to comply with any of the requirements referred to in paragraphs (a) and (b) is an offence against this Act, the Animal Products Act 1999, or the Wine Act 2003.

a person or group of persons trades in food for the sole purpose of raising money for a charitable, benevolent, philanthropic, or cultural purpose; and

the fund-raising activity is not carried out on more than 20 occasions in any calendar year (unless it is incidental to another charitable, benevolent, or philanthropic activity, such as a permanent stall selling donated goods at a hospice).

any food or any 1 or more classes or descriptions of food:

any 1 or more classes or descriptions of persons who trade in food:

any 1 or more classes or descriptions of operations or places in relation to any trade in food:

any combination of the things referred to in paragraphs (a) to (c).

take into account the need to achieve the safety and suitability of food for sale; and

be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

on his or her own initiative; or

on application by any person.

have demonstrated a valid and appropriate reason not to be required to operate under a registered food control plan or a national programme that outweighs the public interest in maintaining consistency of treatment of persons and food businesses in the same food sector; and

have demonstrated understanding and awareness of the importance of hazards and other factors that are relevant in achieving safe and suitable food.

the hazards and other factors that are relevant in achieving safe and suitable food:

the potential impact on consumers:

the frequency and scale of operation:

the feasibility, effectiveness, and efficiency of operating under a food control plan or a national programme:

the appropriateness of regulatory control in comparison with controls specified for similar food sectors or types or descriptions of food business:

any other matters that the chief executive considers relevant.

must be granted by notice under section 405; and

may be amended or revoked at any time by the chief executive by further notice under section 405; and

applies during the period (if any) specified in the notice; and

is subject to conditions (if any) that may be specified in the notice.

produces in his or her own home any food for sale; and

sells the food to a consumer only; and

does not otherwise sell or distribute the food.

in the same manner, subject to the same restrictions, and with the same effect as if they had been imposed or conferred on that territorial authority directly by this Act and not by delegation; but

subject to any terms and conditions imposed under subsection (3) or conditions imposed by subsection (7).

the exemption may be granted only to a food business that is operating entirely within the district of the territorial authority to which the power is delegated; and

the food business must belong to a food sector that is required to be registered with the territorial authority; and

the food business must not have been registered by the chief executive; and

the territorial authority to which the power is delegated must, when issuing a notice under section 33(4)(a) or (b), comply with the requirements of that section and sections 407 and 408 as if the territorial authority were the chief executive.

set out provisions about the nature, content, and effect of a food control plan; and

require the registration of food control plans.

each type of food that the food business trades in; and

each type of process or operation that is applied to the food; and

each place in which the food business trades in food.

may exclude any part of the template or model that is not applicable to any food business to which the plan applies; and

must not include any provision that is not part of an official template or model.

make a copy of the template or model available, free of charge, on an Internet site or for public inspection at reasonable hours at the head office of the Ministry; or

on request, supply a copy of the template or model, free of charge, to any person who cannot access it on the Internet site.

3 years from the date of approval; or

a shorter period specified by the chief executive.

any conditions subject to which the approval is given; and

the date on which the approval ends.

be submitted for registration in a form acceptable to the appropriate authority; and

comply with the requirements of this Act.

the name, trading name, and business address (including the electronic address, if available) of—

the operators’ physical and electronic addresses for the purposes of section 378(3)(a); and