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