Food Act 2014

If you need more information about this Act, please contact the administering agency: Ministry for Primary Industries
39 Food control plan: chief executive’s power to issue official template or model

(1)

The chief executive may, by notice under section 405, issue a template or model for different types of food sectors or food businesses.

(2)

If the chief executive issues a template or model, the chief executive must—

(a)

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

(b)

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)

This section does not limit or affect section 40.

(4)

A notice issued under section 405 in reliance on this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)
PublicationThe maker must: LA19 ss 73, 74(1)(a), Sch 1 cl 14
• publish it on the maker’s website
• publish or notify it in the Gazette
If it is notified, the maker must:
• state in the notice where it is available
• make it available for inspection and purchase at the head office of the Ministry and at any other places that the chief executive decides
The maker must also comply with subsection (2) and section 408(1A)
The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP. As a result the maker may also have to comply with s 75 of the Legislation Act 2019LA19 ss 74(2), 75
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 39(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).