Food Act 2014

Subpart 2—Interpretation

General

8 Interpretation

(1)

In this Act, unless the context otherwise requires,—

adopted joint food standard has the meaning given to it by section 397

advertise means to use any form of communication (including selling or giving away any goods or services for the purposes of any trade or business, but excluding selling or giving away any goods or services for any other purpose and excluding communications of personal opinion made by a natural person for no commercial gain) to the public or a section of the public in relation to any—

(a)

goods or services; or

(b)

brand of goods or services; or

(c)

person who provides goods or services

appropriate registration authority,—

(a)

in subpart 2 of Part 2, has the meaning given to it by section 52:

(b)

in subpart 3 of Part 2, has the meaning given to it by section 82:

approved class of persons means a class of persons approved by the chief executive under section 291

approved document, material, or facility means a document, material, or facility approved by the chief executive under section 291

approved person—

(a)

means a person approved by the chief executive under section 291; and

(b)

includes an approved class of persons

Australia New Zealand Food Standards Code means the current joint food standards code established under the Australia–New Zealand Joint Food Standards Agreement

Australia–New Zealand Joint Food Standards Agreement—

(a)

means the Agreement Between the Government of Australia and the Government of New Zealand Concerning a Joint Food Standards System, signed at Wellington on the 5th day of December 1995, as may be revised or amended from time to time; and

(b)

includes an agreement that replaces the agreement referred to in paragraph (a)

authorised place—

(a)

means a place where a food safety officer has authorised any imported food to be held for the purpose of inspection, verification, storage, treatment, processing and handling, or destruction; and

(b)

includes—

(i)

a transitional facility or biosecurity control area within the meaning of the Biosecurity Act 1993; and

(ii)

a Customs place or Customs controlled area within the meaning of the Customs and Excise Act 2018

automated electronic system means a system that is the subject of an arrangement under section 374

bulk cargo container—

(a)

includes an article of transport equipment that is a lift van, movable tank, or other similar structure and that—

(i)

is of a permanent character and accordingly strong enough to be suitable for repeated use; and

(ii)

is specially designed to facilitate the carriage of goods by 1 or more modes of transport, without immediate repacking; and

(iii)

is fitted with devices permitting its ready handling and its transfer from 1 mode of transport to another; and

(iv)

has an internal volume of 1 cubic metre or more; and

(b)

includes the normal accessories and equipment of the container, when imported with the container and used exclusively with it; but

(c)

does not include any craft, vehicle, or ordinary packing case, crate, box, or other similar article used for packing

chief executive means the chief executive of the Ministry

combined district means the area comprising the districts of territorial authorities that have combined, in accordance with section 173(2), for the purpose of performing their function as a registration authority

corrective action includes an action (for example, the recall of food) to—

(a)

restore control; or

(b)

identify any affected ingredient or food, and ensure its safety and suitability or manage its disposal; or

(c)

prevent recurrence of the loss of control

Crown entity has the meaning given to it by section 7(1) of the Crown Entities Act 2004

Customs has the meaning given to the term Customs by section 5(1) of the Customs and Excise Act 2018

district means a district of a territorial authority

domestic food standard has the meaning given to it by section 404

entertainment includes any social gathering, amusement, exhibition, performance, game, sport, or trial of skill

export, in relation to a thing,—

(a)

means—

(i)

to send the thing, or cause the thing to be sent, from within New Zealand territory to outside that territory:

(ii)

to post, within the meaning of section 2(2) of the Postal Services Act 1998, to an address overseas (regardless of whether or not delivery is completed or the addressee obtains possession); and

(b)

includes—

(i)

to send the thing or cause the thing to be sent to, and for it to arrive at, the place of departure for loading on board a ship, an aircraft, or any other means of conveyance, with the intention of sending it from within New Zealand territory:

(ii)

to send the thing or cause the thing to be sent to, and for it to reach, an agent for the purpose of being held before sending it from within New Zealand territory

financial year means a period of 12 months beginning on 1 July in each year and ending on 30 June in the following year

food has the meaning given to it by section 9

food business has the meaning given to it by section 10

food control plan means a plan of a kind described in section 36

food-related accessory—

(a)

means any thing that is used, or represented for use, in or for the production, processing and handling, sale, or consumption of food; and

(b)

includes a package or anything that is enclosed with, attached to, in contact with, or contained in food

food safety officer means an officer appointed under section 276(1)

food safety regime—

(a)

means the system of regulatory controls relating to trading in food; and

(b)

includes—

(i)

provisions contained in this Act or any other enactment; and

(ii)

risk-based measures; and

(c)

also includes measures for monitoring—

(i)

the effectiveness of those provisions:

(ii)

the effectiveness of risk-based measures:

(iii)

the performance of all persons who trade in food

food sector means a group of 2 or more food businesses

good operating practice means procedures relating to practices that—

(a)

are required to achieve the safety and suitability of the food to which they relate; and

(b)

are appropriate to the food business to which they relate

hazard means a biological, chemical, or physical agent that—

(a)

is in food or has the potential to be in food, or is a condition of food, or has the potential to affect the condition of food; and

(b)

causes or could cause an adverse or injurious effect on human life or public health

import, in relation to a thing, means to bring the thing, or cause the thing to be brought, into New Zealand territory from outside that territory

importer—

(a)

means a person who imports any food; and

(b)

includes a person for whom food is imported; and

(c)

includes a New Zealand-based agent who—

(i)

has an overseas-based person as a principal; and

(ii)

arranges the importation of food for the principal; and

(d)

includes a New Zealand-based representative who—

(i)

represents an overseas-based person; and

(ii)

arranges the importation of food for the person; and

(e)

includes the New Zealand-based consignee of imported food; and

(f)

includes a person who is or becomes the owner of, or entitled to the possession of, or beneficially interested in, imported food on or at any time after its importation and before it has ceased to be subject to the control of Customs

infringement fee, in relation to an infringement offence, means the amount prescribed by regulations made under section 391 to be payable for the offence

infringement offence means an offence that is stated, by regulations made under section 391, to be an infringement offence for the purposes of this Act

intended use, in relation to food, means the use for the food that is specifically stated, or could reasonably be presumed to be intended, taking into account the food’s nature, labelling, packaging, and identification

issuing officer, except in section 303, has the meaning given to it by section 3(1) of the Search and Surveillance Act 2012

joint food standard means a food standard or part of a food standard that—

(a)

has been developed under the Australia–New Zealand Joint Food Standards Agreement for inclusion in the Australia New Zealand Food Standards Code; and

(b)

is included in the Australia New Zealand Food Standards Code; and

(c)

has been or is intended to be given the force of law—

(i)

in Australia and New Zealand; or

(ii)

in New Zealand only

label includes any written, pictorial, or other descriptive matter that—

(a)

relates to any food or any package containing food; and

(b)

appears on, is attached to, or is associated with that food or package

local authority means a regional council or territorial authority

marae includes the area of land on which all buildings such as wharenui (meeting house), wharekai (dining room), ablution blocks, and any other associated buildings are situated

Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act

monitoring programme means a programme of a kind described in section 101

movement includes import, export, and transport

national outcomes means the national outcomes issued by the Minister under section 175

national programme means a programme of a kind described in section 74

notice of recognition means, as applicable,—

(a)

a notice of recognition given to a recognised agency or a recognised person in accordance with section 148(1)(b); or

(b)

a notification given to a recognised class in accordance with section 148(1)(c)(i)

official template or model, in relation to a food control plan, means a template or model—

(a)

issued by the chief executive under section 39:

(b)

approved by the chief executive under section 40

operate under a food control plan or operate under a registered food control plan means to operate under the plan, whether as the operator of the plan or as a food business to which the plan applies

operate under a national programme means to operate under the national programme as a food business to which the programme applies

operator of a food business means the owner or other person in control of the business

operator of a food control plan or operator of a registered food control plan means,—

(a)

if the plan applies to only 1 food business, the operator of the food business; or

(b)

if the plan applies to more than 1 food business, the person responsible for the plan

operator verification means a process to ensure that internal practices, procedures, and activities comply with the applicable requirements of this Act

package—

(a)

includes anything in or by which food for carriage or for sale may be wholly or partly encased, covered, enclosed, contained, or packed; and, for food sold or carried or intended for sale or carriage in more than 1 package, includes every such package; but

(b)

does not include any of the following:

(i)

bulk cargo containers:

(ii)

pallet overwraps:

(iii)

crates and packaging that do not obscure labels on the food:

(iv)

craft and vehicles

permissible functions and activities means verification functions and activities and other specialist functions and activities that may be carried out by a recognised agency, recognised person, or recognised class of persons for the purposes of this Act, and includes—

(a)

verification functions and activities in relation to risk-based measures:

(b)

other verification functions and activities:

(c)

the provision of independent evaluations of the validity of food control plans for the purposes of section 53(3)(b)

place—

(a)

includes—

(i)

any premises:

(ii)

a building:

(iii)

a temporary or permanent structure:

(iv)

a stall:

(v)

a conveyance:

(vi)

a craft:

(vii)

a vehicle:

(viii)

a bulk cargo container; and

(b)

also includes any land, water, or other area where food is produced or may be present

processing and handling has the meaning given to it by section 11

processor means, in relation to food for sale, a person who processes and handles the food

producer means a person who produces food for sale

production, in relation to anything used as food or from which food is derived, includes farming, raising, growing, harvesting, extracting, and gathering

public health means the health of—

(a)

all the people of New Zealand; or

(b)

a community or section of the people of New Zealand

recognised agency means—

(a)

a person who is recognised by the chief executive under section 135 or 136; and

(b)

a group of persons who are recognised by the chief executive under section 136

recognised class means a class of natural persons that is recognised by the chief executive under section 141

recognised person means a natural person who—

(a)

is recognised by the chief executive under section 139 or 140; or

(b)

is a member of a recognised class, but only—

(i)

to the extent that the person carries out the specified functions and activities for which the class is recognised; and

(ii)

while the person continues to hold the qualifications or meet the other membership criteria according to which the class is defined in the relevant public register in accordance with section 148(1)(a)

regional council means a regional council within the meaning of the Local Government Act 2002

registered importer means an importer registered under section 118

registration authority means the chief executive or, as the case may be, the relevant territorial authority

relevant appointed date for any provision of this Act means the date appointed for the purpose of that provision under subsection (3)

relevant public register means, as the case may be,—

(a)

any 1 of the public registers of food control plans kept under clause 2 of Schedule 5:

(b)

the public register of food businesses subject to a national programme kept under clause 5 of that schedule:

(c)

the public register of recognised agencies, recognised persons, and recognised classes kept under clause 8 of that schedule:

(d)

the public register of importers kept under clause 11 of that schedule:

(e)

the public register of review decisions kept under clause 14 of that schedule

relevant territorial authority has the meaning given to it by section 52(3)

requirements of this Act includes—

(a)

a requirement of or under this Act:

(b)

a requirement of a regulation under this Act:

(c)

a requirement of an adopted joint food standard or of a domestic food standard:

(d)

a requirement of a notice under this Act:

(e)

a requirement of directions under this Act:

(f)

a condition imposed by or under this Act or a regulation made under this Act

risk-based measure means any of the following:

(a)

a food control plan:

(b)

a national programme:

(c)

a monitoring programme

safety and suitability have the meanings given to them by section 12

sale has the meaning given to it by section 13

specified conviction—

(a)

means—

(i)

a conviction for an offence against this Act or the Food Act 1981; or

(ii)

a conviction (whether in New Zealand or in another country) for any offence relating to fraud or dishonesty; or

(iii)

a conviction (whether in New Zealand or in another country) for any offence relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or in another country) that—

(A)

are regulated under this Act or any other Act administered by the Ministry; or

(B)

are subject to an overseas food safety regime; and

(b)

for the purposes only of section 116(2)(a), includes a conviction (whether in New Zealand or in another country) for any offence relating to trading in food

specified functions and activities means the permissible functions and activities that are specified by the chief executive in a notice of recognition in accordance with section 148(2)(a) as functions and activities that—

(a)

a recognised agency is responsible for managing and carrying out; or

(b)

a recognised person may carry out; or

(c)

persons who are members of a recognised class may carry out

territorial authority means a territorial authority within the meaning of the Local Government Act 2002

trade, in relation to food or a food-related accessory, means any 1 or more of the following, as the case may be:

(a)

to import food or a food-related accessory for the purpose of sale:

(b)

to produce food or a food-related accessory for the purpose of sale:

(c)

to process and handle food or a food-related accessory for the purpose of sale:

(d)

to sell food or a food-related accessory

verification includes the application of methods, procedures, tests, and other checks to confirm ongoing—

(a)

compliance with the applicable requirements of this Act:

(b)

compliance of a food business with a risk-based measure:

(c)

applicability of a risk-based measure to the operations of a food business:

(d)

effectiveness of a risk-based measure

verification agency means a recognised agency whose specified functions and activities include managing and carrying out verification functions and activities

verifier means a recognised person whose specified functions and activities include carrying out verification functions and activities

written or in writing means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax, email, or other electronic means.

(2)

To avoid doubt, terms and expressions used, but not defined, in the Australia New Zealand Food Standards Code have the same meaning as in this Act.

(3)

The Governor-General may, by Order in Council, specify the relevant appointed date for the purposes of any provision of this Act for which an appointed date is required.

Section 8(1) authorised place paragraph (b)(ii): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

Section 8(1) Customs: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).