(1) In this Act, unless the context otherwise requires,—
adopted joint food standard has the meaning given to it by section 359
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—
appropriate registration authority,—
approved class of persons means a class of persons approved by the chief executive under section 259
approved document, material, or facility means a document, material, or facility approved by the chief executive under section 259
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
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
automated electronic system means a system that is the subject of an arrangement under section 337A
bulk cargo container—
(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 146(3), for the purpose of performing their function as a registration authority
corrective action includes an action (for example, the recall of food) to—
Crown entity has the meaning given to it by section 7(1) of the Crown Entities Act 2004
Customs or the Customs has the meaning given to it the term the Customs by section 2(1) of the Customs and Excise Act 1996
district means a district of a territorial authority
domestic food standard has the meaning given to it by section 366
entertainment includes any social gathering, amusement, exhibition, performance, game, sport, or trial of skill
export, in relation to a thing,—
(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:
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 8
food business has the meaning given to it by section 9
food control plan means a plan of a kind described in section 28
food handler guidance means guidance of a kind described in section 92(1)
food-related accessory—
(a) means any thing that is used, or represented for use, in or for the production, processing and handling, or 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 243(1)
food sector means a group of 2 or more food businesses
good operating practice means procedures relating to practices that—
hazard means a biological, chemical, or physical agent that—
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—
(b) includes—
(iii) the person who is or becomes the owner of, or entitled to the possession of, or beneficially interested in, the imported food on or at any time after its importation and before it has ceased to be subject to the control of the Customs
(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 353 to be payable for the offence
infringement offence means an offence that is declared stated, by regulations made under section 353, 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 means a District Court Judge, Community Magistrate, Justice of the Peace, or Registrar to whom an application for a search warrant is made under section 290
issuing officer, except in section 267B, 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—
label includes any written, pictorial, or other descriptive matter that—
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 86
movement includes import, export, and transport
national outcomes means the national outcomes issued by the Minister under section 148
national programme means a programme of a kind described in section 71
notice of recognition means, as applicable,—
official template or model, in relation to a food control plan, means a template or model—
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,—
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
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—
processing and handling has the meaning given to it by section 10
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—
recognised class means a class of natural persons that is recognised by the chief executive under section 130
recognised person means a natural person who—
regional council means a regional council within the meaning of the Local Government Act 2002
registered importer means an importer registered under section 109
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,—
relevant territorial authority has the meaning given to it by section 48(2)
requirements of this Act includes—
(f) a condition imposed under any of sections 42(5)(c), 43(5)(c), 56, 95(4)(d), 134, 138(3)(a), 259(6) and clauses 4(4)(e) and 9 of Schedule 4 by or under this Act or a regulation made under this Act
risk-based measure means any of the following:
safety and suitability has the meaning given to it by section 11
safety and suitability have the meanings given to them by section 11
sale has the meaning given to it by section 12
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 137(2)(a) as functions and activities that—
template or model, in relation to a food control plan, means a template or model—
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:
verification includes the application of methods, procedures, tests, and other checks to confirm ongoing—
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.