Food (Fees and Charges) Regulations 2015

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Schedule Part 2, items 45 and 46: editorial changes made, on 11 August 2022, under sections 86(1) and 87(l)(i) and (ii) of the Legislation Act 2019 (2019 No 58).

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Version as at 1 July 2022

Food (Fees and Charges) Regulations 2015

(LI 2015/96)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 11th day of May 2015

Present:
The Right Hon John Key presiding in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to sections 203, 204, and 208 of the Food Act 2014, His Excellency the Governor-General makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Food Safety made after being satisfied that the requirements of sections 198 and 201 of that Act have been met and that there has been appropriate consultation in accordance with section 379 of that Act.

Regulations

1 Title

These regulations are the Food (Fees and Charges) Regulations 2015.

2 Commencement

These regulations come into force on 1 March 2016.

3 Fees and charges

(1)

The fees and charges set out in the Schedule are payable in respect of the services (provided by the Ministry) that are specified in that schedule.

(2)

The fees and charges are exclusive of goods and services tax.

Regulation 3(1): amended, on 1 March 2016, by regulation 4 of the Food (Fees and Charges) Amendment Regulations 2015 (LI 2015/311).

4 Chief executive may exempt, waive, or refund fees and charges

(1)

The chief executive may grant an exemption from, or a waiver or refund of, any fee or charge for services (provided by the Ministry) specified in the Schedule, in whole or in part, in any particular case or class of case to which 1 or more of the following circumstances apply:

(a)

the amount of the fee or charge is less than the reasonable cost of recovering the fee or charge:

(b)

the Ministry has made an administrative error:

(c)

the chief executive is satisfied that it would be unreasonable or unfair to require payment of the fee or charge:

(d)

the chief executive considers that more efficient processes can be used (for example, batching services), resulting in lower costs.

(1A)

An exemption, a waiver, or a refund granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to a particular case.

(2)

This regulation is revoked on 30 June 2024.

Legislation Act 2019 requirements for secondary legislation made under this regulation
Publication	It is not required to be published	LA19 s 73(2)
Presentation	It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019	LA19 s 114, Sch 1 cl 32(1)(a)
Disallowance	It may be disallowed by the House of Representatives	LA19 ss 115, 116
This note is not part of the secondary legislation.

Regulation 4: inserted, on 1 July 2019, by regulation 4 of the Food (Fees and Charges) Amendment Regulations 2019 (LI 2019/126).

Regulation 4(1A): inserted, on 28 October 2021, by regulation 57 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

4 Chief executive may exempt, waive, or refund fees and charges

[Revoked]

Regulation 4: revoked, on 30 June 2019, by regulation 6(a).

5 Territorial authorities may exempt, waive, or refund fees

(1)

A territorial authority may grant an exemption from, or a waiver or refund of, any fee fixed by the territorial authority under section 205 of the Food Act 2014, in whole or in part, in any particular case or class of case to which 1 or more of the following circumstances apply:

(a)

the amount of the fee is less than the reasonable cost of recovering the fee:

(b)

the territorial authority has made an administrative error:

(c)

the territorial authority is satisfied that it would be unreasonable or unfair to require payment of the fee:

(d)

the territorial authority considers that more efficient processes can be used (for example, batching services), resulting in lower costs.

(2)

This regulation is revoked on 30 June 2024.

Regulation 5: inserted, on 1 July 2019, by regulation 4 of the Food (Fees and Charges) Amendment Regulations 2019 (LI 2019/126).

5 Territorial authorities may exempt, waive, or refund fees

[Revoked]

Regulation 5: revoked, on 30 June 2019, by regulation 6(a).

6 Revocation of regulations 4 and 5

[Revoked]

Regulation 6: revoked, on 1 July 2019, by regulation 5 of the Food (Fees and Charges) Amendment Regulations 2019 (LI 2019/126).

Schedule Fees and charges

r 3

Schedule: replaced, on 1 July 2018, by regulation 4 of the Food (Fees and Charges) Amendment Regulations 2018 (LI 2018/94).

Part 1 Interpretation

In this schedule, custom food control plan means a food control plan that is not based on a template or model issued or approved by the chief executive under section 39 or 40 of the Food Act 2014 (the Act).

Part 2 Fixed and hourly fees and charges

Schedule Part 2: replaced, on 1 July 2019, by regulation 6 of the Food (Fees and Charges) Amendment Regulations 2019 (LI 2019/126).

	Service area	Fee or charge	When fee or charge payable and by whom
	Registration
1	Application for, assessment of, and registration of custom food control plans	$303.75 per application plus $135.00 per hour spent processing the application after the first 2 hours and 15 minutes	$303.75 payable by the applicant on application for registration and any remainder payable within 20 working days of receipt of written demand for payment
2	Application for renewal of registration of custom food control plans	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
3	Application for registration of an amended custom food control plan due to a significant amendment	$270.00 per application plus $135.00 per hour spent processing the application after the first 2 hours	$270.00 payable by the applicant on application for registration and any remainder payable within 20 working days of receipt of written demand for payment
4	Not-significant amendment of custom food control plans	$67.50 per notification of amendment plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
5	Amendment to custom food control plans for a significant change in circumstances	$135.00 per notification of amendment plus $135.00 per hour spent processing the notification after the first hour	$135.00 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
6	Voluntary suspension of registered custom food control plans	$67.50 per notification of suspension plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of suspension and any remainder payable within 20 working days of receipt of written demand for payment
7	Application for registration of food control plans based on an approved template or model	$168.75 per application plus $135.00 per hour spent processing the application after the first 1 hour and 15 minutes	$168.75 payable by the applicant on application for registration and any remainder payable within 20 working days of the granting of or refusal to grant registration
8	Application for registration of food control plans based on a template or model issued by the chief executive	$168.75 per application plus $135.00 per hour spent processing the application after the first 1 hour and 15 minutes	$168.75 payable by the applicant on application for registration and any remainder payable within 20 working days of the granting of or refusal to grant registration
9	Application for renewal of registration of food control plans based on an approved template or model	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
10	Application for renewal of registration of food control plans based on a template or model issued by the chief executive	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
11	Application for registration of an amended food control plan based on an approved template or model due to a significant amendment	$135.00 per application plus $135.00 per hour spent processing the application after the first hour	$135.00 payable by the applicant on application for registration and any remainder payable within 20 working days of receipt of written demand for payment
12	Application for registration of an amended food control plan based on a template or model issued by the chief executive due to a significant amendment	$135.00 per application plus $135.00 per hour spent processing the application after the first hour	$135.00 payable by the applicant on application for registration and any remainder payable within 20 working days of receipt of written demand for payment
13	Not-significant amendment of food control plans based on an approved template or model	$67.50 per notification of amendment plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
14	Not-significant amendment of food control plans based on a template or model issued by the chief executive	$67.50 per notification of amendment plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
15	Amendment to food control plans based on an approved template for a significant change in circumstances	$67.50 per notification of amendment plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
16	Amendment to food control plans based on a template or model issued by the chief executive for a significant change in circumstances	$67.50 per notification of amendment plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
17	Voluntary suspension of a registered food control plan based on an approved template or model	$67.50 per notification of suspension plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of suspension and any remainder payable within 20 working days of receipt of written demand for payment
18	Voluntary suspension of a registered food control plan based on a template or model issued by the chief executive	$67.50 per notification of suspension plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of suspension and any remainder payable within 20 working days of receipt of written demand for payment
19	Application for, assessment of, and registration of a business subject to a national programme	$101.25 per application plus $135.00 per hour spent processing the application after the first 45 minutes	$101.25 payable by the applicant on application for registration and any remainder payable within 20 working days of the granting of or refusal to grant registration
20	Application for renewal of registration of a business subject to a national programme	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
21	Amendment to registration of a business subject to a national programme because of a significant change in circumstances	$67.50 per notification of amendment plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
22	Voluntary suspension of registration of a business subject to a national programme	$67.50 per notification of suspension plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of suspension and any remainder payable within 20 working days of receipt of written demand for payment
23	Application for, evaluation of, and registration as an importer of food	$101.25 per application plus $135.00 per hour spent processing the application after the first 45 minutes	$101.25 payable by the applicant on application for registration and any remainder payable within 20 working days of the granting of or refusal to grant registration
24	Application for renewal of registration as an importer of food	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
25	Amendment to registration of an importer of food because of a significant change in circumstances	$67.50 per notification of amendment plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of amendment and any remainder payable within 20 working days of receipt of written demand for payment
26	Voluntary suspension of registration as an importer of food	$67.50 per notification of suspension plus $135.00 per hour spent processing the notification after the first 30 minutes	$67.50 payable by the applicant on notification of suspension and any remainder payable within 20 working days of receipt of written demand for payment
27	Application for, assessment of, and granting of an exemption	$135.00 per application plus $135.00 per hour spent processing the application after the first hour	$135.00 payable by the applicant on application for exemption and any remainder payable within 20 working days of the granting of or refusal to grant exemption
	Approvals
28	Application for approval of laboratories	$168.75 per application plus $135.00 per hour spent processing the application after the first 1 hour and 15 minutes	$168.75 payable by the applicant on application for approval and any remainder payable within 20 working days of the granting of or refusal to grant approval
29	Application for renewal of a laboratory approval	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
30	Application to amend the details of a laboratory approval (between renewals)	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for approval and any remainder payable within 20 working days of receipt of written demand for payment
31	Application for, assessment of, and approval of a template or model under section 40 of the Act	$135.00 per application plus $135.00 per hour spent processing the application after the first hour	$135.00 payable by the applicant on application for approval and any further amounts payable within 20 working days of receipt of written demand for payment
32	Application for renewal of approval of a template or model under section 40 of the Act	$135.00 per application plus $135.00 per hour spent processing the application after the first hour	$135.00 payable by the applicant on application for renewal and any further amounts payable within 20 working days of receipt of written demand for payment
33	Application for approval of an amended template or model under section 40 of the Act	$135.00 per application plus $135.00 per hour spent processing the application after the first hour	$135.00 payable by the applicant on application for approval and any further amounts payable within 20 working days of receipt of written demand for payment
34	Application for approval under section 291 of the Act to meet a requirement of the Act (except a requirement for a laboratory approval)	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for approval and any remainder payable within 20 working days of receipt of written demand for payment
35	Application for renewal of an approval under section 291 of the Act	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
36	Application to amend the details of an approval under section 291 of the Act (between renewals)	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for approval and any remainder payable within 20 working days of receipt of written demand for payment
	Recognition
37	Application for, assessment of, and recognition of an agency, a person, or a class of persons as a recognised agency, recognised person, or recognised class of persons	$168.75 per application plus $135.00 per hour spent processing the application after the first 1 hour and 15 minutes	$168.75 payable by the applicant on application for recognition and any remainder payable within 20 working days of the granting of or refusal to grant recognition
38	Application for renewal of recognition of an agency, a person, or a class of persons	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application for renewal and any remainder payable within 20 working days of receipt of written demand for payment
39	Application to amend the details of recognition of an agency, a person, or a class of persons (between renewals)	$67.50 per application plus $135.00 per hour spent processing the application after the first 30 minutes	$67.50 payable by the applicant on application to amend and any remainder payable within 20 working days of receipt of written demand for payment
	Verification
40	Verification, inspection, and audit	$135.00 per hour	Payable by the operator of the business subject to verification, inspection, or audit within 20 working days of receipt of written demand for payment
	Compliance
41	Issue of improvement notice, including development of the notice, by a food safety officer	$135.00 per notice plus $135.00 per hour spent developing and issuing the notice after the first hour	Payable by the operator of the business subject to improvement notice within 20 working days of receipt of written demand for payment
42	Application for review of issue of improvement notice	$135.00 per application plus $135.00 per hour spent processing the application after the first hour	$135.00 payable by the applicant on application for review and any remainder payable within 20 working days of receipt of written demand for payment
43	Application for, compilation of, and issue of statement of compliance	$135.00 per application plus $135.00 per hour spent processing the application after the first hour	$135.00 payable by the applicant on application for statement of compliance and any remainder payable within 20 working days of receipt of written demand for payment
44	Issue of food recall direction by chief executive	$135.00 per direction plus $135.00 per hour spent developing and issuing the direction after the first hour	Payable by the operator of the business subject to food recall direction within 20 working days of receipt of written demand for payment
	Imported food
45	Clearance of imported food	$67.50 per clearance plus $135.00 per hour spent processing the clearance after the first 30 minutes	Payable by the operator of the business responsible for the imported food within 20 working days of receipt of written demand for payment
46	Administration of imported food categorised in regulations made under the Act as being of increased regulatory interest	$135.00 per hour spent on administration activity for each consignment of imported food	Payable by the operator of the business responsible for the imported food within 20 working days of receipt of written demand for payment
	Waivers
47	Application under section 53(3)(b) of the Act for a waiver of the requirement for a custom food control plan to be evaluated	$303.75 per application plus $135.00 per hour spent processing the application after the first 2 hours and 15 minutes	$303.75 payable by the applicant on application for registration and any remainder payable within 20 working days of receipt of written demand for payment

Schedule Part 2 item 45: amended, on 1 July 2022, by regulation 4(1)(a) of the Food (Fees and Charges) Amendment Regulations 2022 (SL 2022/161).

Schedule Part 2 item 45: amended, on 1 July 2022, by regulation 4(1)(b) of the Food (Fees and Charges) Amendment Regulations 2022 (SL 2022/161).

Schedule Part 2 item 46: amended, on 1 July 2022, by regulation 4(2) of the Food (Fees and Charges) Amendment Regulations 2022 (SL 2022/161).

Part 3 Disbursements

The chief executive may require payment of the Ministry’s actual and reasonable costs, including actual and reasonable incidental and additional costs incurred in connection with any matter specified in Part 2 of this schedule.

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 14 May 2015.

Notes

1 General

This is a consolidation of the Food (Fees and Charges) Regulations 2015 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Food (Fees and Charges) Amendment Regulations 2022 (SL 2022/161)

Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248): regulation 57

Food (Fees and Charges) Amendment Regulations 2019 (LI 2019/126)

Food (Fees and Charges) Amendment Regulations 2018 (LI 2018/94)

Food (Fees and Charges) Amendment Regulations 2015 (LI 2015/311)

Food (Fees and Charges) Regulations 2015 (LI 2015/96): regulation 6

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Food (Fees and Charges) Regulations 2015

Food (Fees and Charges) Regulations 2015

Order in Council

Note

(a)

(b)

Contents

Regulations

1 Title

2 Commencement

3 Fees and charges

4 Chief executive may exempt, waive, or refund fees and charges

(a)

(b)

(c)

(d)

4 Chief executive may exempt, waive, or refund fees and charges

5 Territorial authorities may exempt, waive, or refund fees

(a)

(b)

(c)

(d)

5 Territorial authorities may exempt, waive, or refund fees

6 Revocation of regulations 4 and 5

Schedule Fees and charges

Part 1 Interpretation

Part 2 Fixed and hourly fees and charges

Part 3 Disbursements

Notes

1 General

2 Legal status

3 Editorial and format changes

4 Amendments incorporated in this consolidation

1	Title
2	Commencement
3	Fees and charges
4	Chief executive may exempt, waive, or refund fees and charges
4	Chief executive may exempt, waive, or refund fees and charges [Revoked]
5	Territorial authorities may exempt, waive, or refund fees
5	Territorial authorities may exempt, waive, or refund fees [Revoked]
6	Revocation of regulations 4 and 5 [Revoked]
	Schedule Fees and charges
	Gazette Information
	Notes