Food Act 2014

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Version as at 6 April 2023

Food Act 2014

Public Act		2014 No 32
Date of assent		6 June 2014
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for Primary Industries.

1	Title
2	Commencement
	Part 1 Preliminary provisions
	Subpart 1—Introduction
3	Overview
4	Purpose
5	Application of Act
6	Relationship between this Act and Animal Products Act 1999 and Wine Act 2003
7	Act binds the Crown
	Subpart 2—Interpretation
	General
8	Interpretation
	Meaning of food
9	Meaning of food
	Meaning of food business
10	Meaning of food business
	Meaning of processing and handling
11	Meaning of processing and handling
	Meaning of safety and suitability
12	Meaning of safety and suitability
	Meaning of sale
13	Meaning of sale
	Subpart 3—Primary duty of persons who trade in food
14	Primary duty of persons who trade in food
	Subpart 4—Regulatory roles
	Principles for persons with regulatory roles under this Act
15	Principles governing relationships between Minister, chief executive, and territorial authorities
16	Principles to be applied in performing functions or duties, or exercising powers, under this Act
	Outline of regulatory roles under this Act
17	Role of Minister
18	Role of chief executive
19	Role of territorial authorities
	Part 2 Risk-based measures
	Subpart 1—General
	Preliminary
20	Overview of this Part
	Classification of food sectors
21	Classification of food sectors for purpose of assigning applicable risk-based measures
22	Power to amend Schedules 1 to 3 by Order in Council
	Application of risk-based measures
23	Determining applicable risk-based measure for food businesses that come within food sectors not classified in Schedules 1 to 3
24	Food business not subject to risk-based measure only because it imports food
25	Determining applicable risk-based measure for food businesses that overlap 2 or more food sectors
26	Operator of food business may choose to operate under food control plan even if food business is in food sector classified under lower level of risk
27	Winemaker may apply for winemaking operations to be included under registered food control plan or national programme
	Requirement to operate under applicable risk-based measure
28	Requirement to operate under applicable risk-based measure
29	Exception to section 28
30	Where food control plan and national programme do not apply
31	Exemption from food control plan and national programme if trading in food for certain fund-raising
32	Exemption does not apply in prescribed circumstances
33	Chief executive may grant exemption from requirement to operate under registered food control plan or national programme
34	Chief executive may delegate functions, duties, or powers under section 33 to territorial authorities
	Subpart 2—Food control plans
	Preliminary
35	Purpose of this subpart
	Food control plans
36	Food control plan: general description
37	Food control plan: coverage
38	Food control plan: based on official template or model
39	Food control plan: chief executive’s power to issue official template or model
40	Food control plan: chief executive’s power to approve official template or model developed by third party
41	Food control plan: form
42	Food control plan: contents
43	Regulations and notices about food control plans
	Amendments to food control plans
44	Chief executive’s power to amend, replace, or revoke template or model issued under section 39
45	Operator may amend food control plan based on template or model issued under section 39 or approved under section 40
46	Operator may amend food control plan not based on official template or model
47	Sections 53 to 57, 59, and 60 apply to applications for registration of amended food control plans
	Requirement to register food control plans
48	Food control plans must be registered
	Other provisions relating to registered food control plans
49	Requirements of Act to prevail in cases of inconsistency with registered food control plan
	Duties of operators of registered food control plans
50	Duties of operators of registered food control plans
51	Operator of registered food control plan must notify registration authority of significant change in circumstances
	Registration of food control plans
52	Application for registration: who is appropriate registration authority
53	Application for registration: form and content
54	Registration authority may refuse to process application for registration
55	Registration authority may require further information
56	Criteria for registration of food control plan
57	Refusal to register food control plan
58	Applicants for registration must notify registration authority of significant change in circumstances
59	Registration of food control plan
60	Registration authority may impose conditions on registration of food control plan
61	Duration of registration
61A	Clarity of food control plans not based on official template or model
	Suspension of operations under registered food control plan
62	Mandatory suspension
63	Registration authority may extend mandatory suspension
64	Voluntary suspension
65	Effect of suspension
	Removal of registration of food control plans
66	Removal from public register
67	Cancellation of registration
68	Effective date of cancellation
69	Effect of cancellation of registration
70	Removal of food business from coverage of food control plan
71	Surrender of registration
72	Effective date of surrender
	Subpart 3—National programmes
	Preliminary
73	Purpose of this subpart
	National programmes
74	National programme: general description
75	How national programme may be imposed
76	Regulations and notices about national programmes
77	National programme not invalid on certain grounds
78	Requirements of national programme to prevail in cases of inconsistency with other regulations or notices made under this Act
	Requirement for food businesses subject to national programme to register
79	Food businesses subject to national programme must be registered
	Duties of operators of food businesses subject to national programme
80	Duties of operators of food businesses subject to national programme
81	Operators of food businesses subject to national programme must notify registration authority of significant change in circumstances
	Registration of food businesses subject to national programme
82	Application for registration: who is appropriate registration authority
83	Application for registration: form and content
84	Registration authority may refuse to process application for registration
85	Registration authority may require further information
86	Criteria for registration of food business subject to national programme
87	Refusal to register food business subject to national programme
88	Registration of food business subject to national programme
89	Registration authority may impose conditions on registration of food business
	Suspension of operations of registered food business under national programme
90	Mandatory suspension
91	Registration authority may extend mandatory suspension
92	Voluntary suspension
93	Effect of suspension
	Removal of registration of food business
94	Removal from public register
95	Cancellation of registration
96	Effective date of cancellation
97	Effect of cancellation of registration
98	Surrender of registration
99	Effective date of surrender
	Subpart 4—Monitoring programmes
100	Purpose of this subpart
101	Monitoring programme: general description
102	Monitoring programme: scope
103	Regulations and notices about monitoring programmes
104	Chief executive may specify certain matters by notice
105	Monitoring programme not invalid on certain grounds
	Part 3 Food imported for purpose of sale
	Preliminary
106	Purpose of this Part
107	Interpretation
108	Restriction on importation of food for purpose of sale
109	Food clearance
	Duties of importers and registered importers
110	Duties of importer
111	Duty of registered importer
	Registration of importers
112	Who must be registered
113	Application for registration
114	Chief executive may refuse to process application for registration
115	Chief executive may require further information
116	Criteria for approval of application for registration
117	Refusal to register
118	Registration
119	Duration of registration
120	Registration may not be transferred
121	Registered importers must notify chief executive of significant change in circumstances
	Suspension of registered importer’s operations
122	Mandatory suspension
123	Chief executive may extend mandatory suspension
124	Voluntary suspension
125	Effect of suspension
	Removal of importer’s registration
126	Removal from public register
127	Cancellation of registration
128	Effective date of cancellation
129	Effect of cancellation of registration
130	Surrender of registration
131	Effective date of surrender
	Provisions relating to border information supplied using JBMS
132	Border information supplied using JBMS must be supplied in approved form and manner
133	Duty to use JBMS to supply border information
	Part 3A Tracing, recall, and verification
	Subpart 1—Tracing and recall
133A	Application of this subpart
133B	Tracing and recall
133C	Regulations and notices relating to tracing and recall of food
	Subpart 2—Verification
133D	Application
133E	Verification
133F	Regulations and notices relating to verification
	Part 4 Provisions relating to recognition, territorial authorities, administration, and enforcement
	Subpart 1—Recognised agencies, persons, and classes of persons
134	Outline of this subpart
	Recognition of agencies, persons, and classes of persons
135	Recognition of agencies
136	Recognition of certain agencies without application
137	Recognition of territorial authorities for certain verification functions and activities
138	Review of operation of section 137
139	Recognition of persons
140	Recognition of certain persons without application
141	Recognition of classes of persons
142	Interrelationship between sections 135, 136, and 139 to 141
	Recognition process
143	Application for recognition
144	Chief executive may require further information
145	Proposal to refuse application to recognise agency, person, or class of persons
146	Proposal to exclude members, or categories of members, from recognition of class
147	Chief executive may impose or vary conditions of recognition
148	Grant of recognition
149	Scope, effect, and transfer of recognition
150	Duration of recognition
151	Renewal of recognition before expiry
152	Application for renewal of recognition
153	Substituted notice of recognition
154	Ongoing recognition fees, charges, or levies
	Performance of specified functions and activities
155	Duties of recognised agencies
156	Duties of recognised persons
157	Recognised agency or person may act in other capacities
157A	Recognised agency and recognised person accountable to chief executive
	Suspension of recognition
158	Suspension of recognition of recognised agency, etc
159	Chief executive may extend suspension
160	Method of suspension of recognition
161	Suspension does not limit other actions
	Withdrawal of recognition
162	Withdrawal of recognition of recognised agency or recognised person
163	Withdrawal of recognition of recognised class
164	Method of withdrawal of recognition
	Surrender of recognition
165	Surrender of recognition
166	Effective date of surrender
	Removal of registration of recognised agencies, recognised persons, and recognised classes
167	Removal from public register
	Miscellaneous matters
168	Notification to category or class of persons
169	Means of consultation
170	Chief executive may require notification of termination of contracts
171	Chief executive must consider exemption, waiver, or refund of fees
172	Liability for loss
	Subpart 2—Territorial authorities
	Functions and duties of territorial authorities
173	Functions of territorial authority
174	Duties of territorial authority
	National outcomes for territorial authorities
175	Minister may issue national outcomes for territorial authorities
	Transfer of territorial authority’s functions, duties, and powers to another territorial authority or regional council
176	Transfer of functions, duties, and powers to territorial authority or regional council
177	Effect of transfer to territorial authority or regional council
178	Records of transfer
	Transfer of territorial authority’s functions, duties, and powers to chief executive
179	Transfer of functions, duties, and powers to chief executive
180	Transfer agreement
181	Effect of transfer to chief executive
182	Change, revocation, or relinquishment of transfer
183	Records of transfer, change, etc
	Monitoring performance of functions and duties, and exercise of powers, by territorial authorities
184	Powers of chief executive for monitoring performance of functions and duties and exercise of powers
	Review of territorial authorities
185	Reviews initiated by Minister
186	Terms of reference
187	Minister to consult on terms of reference
188	Appointment of person to conduct review
189	Powers of reviewer
190	Conduct of review
191	Report of review
192	Part 10 of Local Government Act 2002 not affected
	Non-performance by territorial authority
193	Powers of Minister in relation to non-performance by territorial authority
194	Requirements for appointment
195	Effect of appointment
196	Duration of appointment
197	Costs, charges, and expenses incurred
	Subpart 3—Cost recovery
198	Principles of cost recovery
199	Methods of cost recovery
200	Territorial authority responsible for collection
201	Cost recovery to relate generally to financial year
202	Three-yearly review of cost recovery
203	Regulations about fees, charges, and levies
204	Regulations may impose fees and charges
205	Territorial authority to set fees
206	Regulations may prescribe methodology or framework for fee fixing
207	Regulations may impose levies
208	Regulations may provide for exemptions, waivers, and refunds
209	Trust accounts required to be kept by persons collecting levies
210	Other charges not requiring to be prescribed
211	Fees, charges, and levies to constitute debt
212	Penalties for failure to pay fee, charge, or levy
213	Dispute does not suspend obligation to pay fee, charge, levy, or penalty
214	Levy regulations are confirmable instruments
	Subpart 4—Payment of statutory debt
215	Penalty for failure to pay statutory fees, etc
216	Waiver of penalty
217	Services may be withdrawn until debt paid
	Subpart 5—Offences
	Infringement offences
218	Proceedings for infringement notices
219	Issue and cancellation of infringement notices
220	Form of infringement notice
221	Payment of infringement fees
	Offences
222	Offence involving knowingly or recklessly endangering or harming
223	Offence involving knowingly or recklessly creating or increasing risk
224	Offence involving negligently endangering, harming, creating risk, or increasing risk
225	Offences involving intentionally defeating purpose of Act or deceiving in relation to documents or information
226	Offences involving documents or information
227	Offences involving intentionally defeating purpose of Act or deceiving in relation to identifying or representing food
228	Offences involving identifying or representing food
229	Offences involving intentionally defeating purpose of Act or deceiving in relation to sampling, testing, or evidence
230	Offences involving intentionally defeating purpose of Act or deceiving in relation to statements
231	Offences involving statements
232	Offence involving knowingly or recklessly selling non-complying food
233	Offences involving knowingly or recklessly importing non-complying food
234	Offences involving imported food
235	Offence involving intentionally hindering or obstructing official
236	Offence involving threatening or assaulting official
237	Offence involving intentionally deceiving by pretending to be official
238	Offences involving publishing non-complying advertisement
239	Offences involving automated electronic system
240	Offence involving breaching or failing to carry out duty
241	Offence involving breaching or failing to comply with suspension, direction, or improvement notice
242	Offence involving breaching or failing to comply with order
243	Offence involving breaching or failing to comply with food standard, etc
244	Offence involving breaching or failing to comply with requirement
	Liability for offences
245	Liability of body corporate
246	Liability of body corporate, principal, or individual
247	Liability of director or manager of body corporate
248	Parties to offences
249	Defences for liability arising under section 246 or 248
	Provisions about charging documents
250	Charging documents
	Defences
251	Defence in prosecution for strict liability offence, except advertising offence
252	Defences in prosecution for advertising offence
253	Defences in prosecution for selling non-complying food
254	Defence in prosecution of body corporate, principal, or individual for action of director, agent, or employee
255	Defence in prosecution of importer, producer, processor and handler, manufacturing rights owner, or packer
256	Employees and agents have same defences
257	Prosecutor to be notified of defences
258	Standard of proof for establishing defence
	Evidence
259	Evidence of requirement of this Act
260	Evidence of person’s documents
261	Evidence of testing
262	Evidence of office
	Presumptions
263	Application of sections 264 to 267
264	Presumption as to contents and label
265	Presumption as to possession for sale
266	Presumption as to sample
267	Presumption as to electronic identification
	Sentencing
268	Application of sections 269 to 273
269	Order to pay amount because of commercial gain
270	Order to pay expenses
271	Order to forfeit and dispose of food or food-related accessory
272	Order to withdraw material
273	Order to restrict or prohibit trading in food
274	Sentencing criteria
275	Fines or amounts to be paid to prosecuting territorial authority
	Subpart 6—Powers and enforcement
	Appointments by chief executive
276	Appoint food safety officers
277	Suspend or cancel appointments of food safety officers
	Directions by chief executive
278	Give general directions on functions, duties, or powers
279	Give directions on seized imported food or food-related accessory
280	Persons to whom directions may be given under sections 281 to 286
281	Give general directions to operators and other persons required to comply with Act
282	Give directions to complete and supply declarations
283	Give directions to impose movement or related controls
284	Give directions to recall food or food-related accessory
285	Give directions to manage food or food-related accessory
286	Give directions to publish statement
287	Supplementary provisions about directions under sections 281 to 286
288	Service of directions under sections 281 to 286
	Statements by chief executive
289	Publish privileged statements
290	Give statement about compliance with New Zealand requirements
	Approvals by chief executive
291	Approvals by chief executive
	Information collection by chief executive
292	Chief executive may require information from operator to determine safety and suitability of food
292A	Chief executive may require information to determine safety of food
293	Require production of information if reasonable belief that requirement of this Act has been breached
	Rights of access of verifiers, verification agencies, recognised persons, and recognised agencies
294	Rights of access and related powers and duties of verifiers and verification agencies
295	Rights of access and related powers and duties of recognised persons and recognised agencies
	Powers and duties of food safety officers
296	Powers in sections 292 and 293 exercisable by food safety officers
297	Power to ask for assistance
298	Purposes of powers in sections 296, 299 to 308, and 310 to 312
299	Powers to facilitate entry, search, and seizure
300	Information powers and evidence gathering
301	Powers of examination, identification, and rectification, and associated detention powers
302	Power to issue improvement notice
303	Review of improvement notice
304	Powers to take, purchase, and sample
305	Power to interrupt operations and give certain directions
306	Powers to seize, condemn, and require disposal
307	Power to restrict use of or close place
308	Other powers
309	Means of exercising powers in sections 299 to 308
310	Powers to enter
311	Power to enter without search warrant
312	Power to test samples of food or examples of food-related accessories
313	Duties relating to imported consignments
314	Detaining food or food-related accessory seized
315	Exporting or returning imported food or food-related accessory that has been detained
316	Releasing food or food-related accessory that has been detained
317	Application to District Court for return of seized food or food-related accessory
318	District Court may order return of seized food or food-related accessory
319	Food or food-related accessory unable to be released
320	Reasonable belief by food safety officer
321	Matters may be continued by different food safety officer
	Search warrants
322	Application for search warrant
323	Issue of search warrant
324	Who can execute search warrant
325	Use of copy of search warrant
326	Powers under search warrant
327	Carrying out search powers
328	Disposal of property seized under search warrant
329	Retention of documents
	Compliance orders
330	Meaning of compliance order
331	Application for compliance order
332	Notification of application
333	Right to be heard on application
334	Decision on application
335	Interim compliance orders
336	Form and content of interim compliance order or compliance order
337	Change or cancellation of interim compliance order or compliance order
338	Compliance with interim compliance order or compliance order
339	Appeals to High Court
340	Appeals to Court of Appeal or Supreme Court
341	Effect of appeal
342	Rules of court
	Part 5 Miscellaneous provisions
	Subpart 1—Exemptions
	Exemption from application of this Act generally
343	Exemption by Order in Council from application of this Act generally
344	When Minister may recommend exemption under section 343
	Exemptions for certain exports
345	Exemption by Order in Council for certain exports
346	When Minister may recommend exemption under section 345
347	Exemption by chief executive
348	Relationship between sections 345 and 347 and Animal Products Act 1999
	Other exemptions
349	Exemption for certain persons covered by Animal Products Act 1999
350	Exemption for certain persons covered by Wine Act 2003
	Subpart 2—Immunity, delegation, and review provisions
	Protection from civil and criminal liability
351	Protection from civil and criminal liability
352	Immunity of food donors
	Delegation
353	Chief executive may delegate
	Review of decisions
354	Application of sections 355 to 360
355	Application for review
356	Requirements for application for review
357	Procedure for review of decision by chief executive or chief executive’s delegate
358	Procedure for review of decision by relevant territorial authority
359	Effect of review
360	Reviewer may require payment of costs in review of decision by relevant territorial authority
361	Chief executive must enter outcome of review decisions in public register
	Appeals against review decisions
362	Appeal to District Court against review decision
363	Procedure for appeal
	Further appeals
364	Appeal to High Court on question of law
365	Further appeals to Court of Appeal or Supreme Court
366	Review decision to continue in force pending appeal
	Subpart 3—Information and consultation requirements
	Collecting, keeping, and disclosing information
367	Collecting and keeping information
368	Disclosing information inside New Zealand: application of section 369
369	Disclosing information inside New Zealand: rules
370	Disclosing information outside New Zealand: rules
371	Disclosing information outside New Zealand: under agreement
372	Variation and review of agreement
373	Disclosing information outside New Zealand: urgent action required
	Automated electronic systems
374	Arrangement for system
375	Effect of use of system
	Notifying persons of information
376	Notification to Minister, chief executive, territorial authority, or food safety officer
377	Notification to other persons who assist in administration of Act
378	Notification to other persons
	Consultation
379	Consultation: Minister’s powers
380	Consultation: chief executive’s powers
	Subpart 4—Regulations
	Regulations about core provisions
381	Regulations: what they can apply to and what they can do
382	Regulations: how they apply to stock in trade
383	Regulations and notices about standards in relation to food
384	Regulations and notices about risk-based measures and related matters
385	Regulations and notices about grading schemes
386	Regulations about approved documents, materials, or facilities, or persons or classes of persons
387	Regulations and notices about imported food
388	Regulations about verification functions in relation to importers [Repealed]
389	Regulations and notices about recognised agencies, persons, and classes of persons
390	Regulations and notices about information
391	Regulations about offences
392	Regulations about administrative matters
	Regulations about other matters
393	Regulations about definitions
394	Regulations for purposes of section 368
395	Regulations and notices about other matters
	Subpart 5—Food standards
	Adopted joint food standards
396	Purpose of sections 397 to 401
397	Minister may adopt joint food standards
398	Issue, notification, and availability of adopted joint food standards [Repealed]
399	Adoption of joint food standard is not incorporation by reference
400	Amendment and revocation of adopted joint food standards
401	Minister must not delegate power to adopt joint food standards
402	Proof of adopted joint food standards [Repealed]
	Domestic food standards
403	Purpose of section 404
404	Minister may issue domestic food standards
	Subpart 6—Notices
	Notices
405	Notices
406	Notices relating to specifications or requirements for specific matters [Repealed]
407	Notices: consultation
408	Notices: publication
409	Application of Legislation Act 2012 to certain notices [Repealed]
410	Power to issue emergency notice
411	Notification and duration of emergency notice
412	Emergency notice prevails
	Subpart 7—Transitional provisions
	Preliminary
413	Overview of transitional provisions
414	Interpretation
415	Meaning of Act’s introductory period
416	Meaning of authorised transition period
417	Regulations extending end date of Act’s introductory period
418	Regulations specifying or extending end date of authorised transition period
	Early commencement
419	Early commencement food safety officers
	Pre-commencement
420	Pre-commencement legislative requirements: Food Act 1981 and regulations
421	Pre-commencement standards
422	Pre-commencement food
423	Pre-commencement consultation
424	Pre-commencement food safety officers
425	Pre-commencement offences
	Transition to new requirements
426	New legislative requirements
427	Notices during authorised transition period
428	Statements about food produced or processed and handled under Food Act 1981
429	New food safety officers
	Deemed food control plans
430	Pre-commencement registered food safety programme
431	Pre-commencement application for exemption under Food Act 1981
432	Deemed food control plans under sections 430 and 431
433	Duration of deemed food control plans under sections 430 and 431
	Post-commencement status of food businesses not previously covered by food legislation
434	Food business now covered
	Post-commencement status of persons
435	Approved auditors under Food Act 1981
436	Agencies managing approved auditors under Food Act 1981
437	Notices about approved auditors and agencies
438	Importers listed for purposes of Food Act 1981
	Transitional regulations
439	Regulations about transitional matters
440	Regulations about cost recovery
441	Consultation about proposed regulations
	Notice requirements
442	Requirements for notices issued by chief executive
	Subpart 8—Miscellaneous
	Public registers
443	Further provisions for public registers are in Schedule 5
	Consolidation of secondary legislation or published instruments
443A	Certain secondary legislation or published instruments may be consolidated
	Incorporation by reference
444	Material incorporated by reference
445	References to standard works
	Other enactments
446	Relationship with local authority bylaws
	Consequential provisions
447	Consequential amendments and repeals and revocations
	Schedule 1 Food sectors subject to food control plans
	Schedule 2 Food sectors subject to national programmes
	Schedule 3 Food sectors not required to operate under food control plan or national programme
	Schedule 4 Miscellaneous provisions relating to registrations
	Schedule 5 Public registers
	Schedule 6 Material incorporated by reference
	Schedule 7 Consequential amendments, repeals, and revocations
	Notes

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