Food Act 2014

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


The chief executive may, by notice under section 405, approve a template or model developed by a person other than the chief executive or by a food industry body.


The chief executive may give an approval under this section subject to conditions.


An approval must end within—


3 years from the date of approval; or


a shorter period specified by the chief executive.


The notice under section 405 must state—


any conditions subject to which the approval is given; and


the date on which the approval ends.


Before an approval ends, the chief executive may issue a new notice under section 405 approving the template or model for a period of up to 3 years.


The chief executive may suspend or withdraw an approval by issuing a notice under section 405.


This section does not limit or affect section 45.


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 (7)
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 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 40(8): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).