Food Regulations 2015

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Version as at 21 March 2023

Food Regulations 2015

(LI 2015/310)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 7th day of December 2015

Present:
Her Excellency the Administrator of the Government 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 2(1), 8(3), 43, 76, 381, 383, 384, 386 to 392, and 418 of the Food Act 2014, Her Excellency the Administrator of the Government makes the following regulations,—

(a)

acting, in relation to sections 43, 76, 381, 383, 384, and 386 to 392 of that Act, on the recommendation of the Minister for Food Safety, made in accordance with section 379 of that Act; and

(b)

acting, in relation to section 418 of that Act, on the recommendation of the Minister for Food Safety; and

(c)

acting on the advice and with the consent of the Executive Council.

1	Title
2	Commencement
3	Interpretation
4	Transitional, savings, and related provisions
	Part 1 Food control plans
5	Outline
	Subpart 1—Contents and evaluation of food control plans
	Contents of food control plans
6	Additional contents of food control plans
7	Custom food control plans must set out validation information
	Evaluation of custom food control plans
8	Who may carry out evaluations of custom food control plans
9	Evaluation process of custom food control plans
10	Evaluation reports for custom food control plans
11	Endorsement of evaluation reports of custom food control plans
	Subpart 2—Safety and suitability
12	Application of this subpart
	Places of food business: design, construction, and location
13	Places of food business: design, construction, and location
	Good operating practices relating to cleaning, maintenance, waste management, and pest control
14	Cleaning
15	Maintenance
16	Maintenance compounds
17	Waste management
18	Pest control
	Facilities, equipment, and essential services
19	Design, construction, and location
20	Operation
21	Water
22	Measuring equipment
	Management of food and food-related accessories
23	Receiving and sourcing food
24	Inventory control
25	Packaging and other food-related accessories
26	Identification, location, and tracing of food
27	Recall of food or food-related accessory
	Protection of food during production and processing and handling
28	Protection against contamination, etc, generally
29	Protection against contamination, etc, by people
30	Procedures for hazard control
	Competency and training
31	Competency and training
	Operator verification, corrective action, and reporting
32	Operator verification
33	Corrective actions
34	Breach of food control plan must be reported
	Record keeping and documents
35	Records that must be kept
36	How long records must be kept
37	Quality, content, and availability of records
38	Identification and availability of food control plan documents
	Part 2 National programmes
39	Outline
40	Application of this Part
	Subpart 1—Preliminary matters
41	National programme imposed
42	Duty to comply with applicable requirements of Act
43	Appropriate registration authority
44	Duration of registration
	Subpart 2—Safety and suitability
45	Application of this subpart
	Places of food business: design, construction, and location
46	Places of food business: design, construction, and location
	Good operating practices relating to cleaning, maintenance, waste management, and pest control
47	Cleaning
48	Maintenance
49	Maintenance compounds
50	Waste management
51	Pest control
	Facilities, equipment, and essential services generally
52	Design, construction, and location
53	Operation
54	Cleaning facilities and equipment
	Facilities and essential services
55	Water
56	Lighting
57	Air quality and ventilation
58	Storage of food and food-related accessories
59	Storage of cleaning and maintenance equipment and maintenance compounds
60	Personal hygiene facilities
61	Laundry facilities
62	Baby changing facilities
63	Solid waste disposal
64	Liquid waste disposal
	Equipment
65	Equipment
66	Measuring equipment
67	Vending machines
	Management of food and food-related accessories
68	Receiving and sourcing food
69	Inventory control
70	Packaging and other food-related accessories
71	Identification, location, and tracing of food
72	Recall of food or food-related accessory
	Protection of food during production and processing and handling
73	Protection against contamination, etc, generally
74	Protection against contamination, etc, by people
75	Protection during transportation
76	Procedures for hazard control
	Competency and training
77	Competency and training
	Operator verification, corrective action, and reporting
78	Operator verification
79	Corrective actions
80	Breach of national programme must be reported
	Record keeping
81	How long records must be kept
82	Quality, content, and availability of records
	Part 3 Verification
83	Outline
84	Criteria for determining frequency of verification
85	When requirements relating to frequency of verification apply
86	Definition of verification requirement and registration authority for registered importers
	Subpart 1—Verification of food control plans and food businesses subject to food control plans
87	Custom food control plans
88	Template food control plans
89	Deemed food control plans
90	Frequency of verification of food business and food control plan
	Subpart 2—Verification of food businesses subject to national programmes
91	Food businesses subject to national programme level 3
92	Food businesses subject to national programme level 2
93	Food businesses subject to national programme level 1
94	Frequency of verification of food businesses subject to national programmes
	Subpart 2A—Extensions of time for new businesses
94A	Operators of new businesses may request extension of time to fulfil verification obligations
	Subpart 2B—Temporary exemption for affected food businesses
94B	Interpretation
94C	Temporary exemption from verification requirements for affected food businesses because of severe weather event
94D	Revocation
	Subpart 3—Multi-site food businesses and multi-business food control plans
95	Application
96	Verification of multi-site food businesses and multi-business food control plans
	Subpart 4—Verification of operations of registered importers
97	Chief executive may require verification of registered importers
98	Importer must pay for verification
99	Who may verify
100	Frequency of verification of operations of registered importer
	Subpart 5—Food businesses that choose to operate under higher risk-based measure
101	Frequency of verification for food businesses that choose to operate under higher risk-based measure
	Subpart 6—Unscheduled verification
102	Unscheduled verification
	Subpart 7—Verification process
	Corrective actions
103	Verification agency or verifier may recommend that corrective action be determined
104	Corrective action plan
	Verification decision
105	Verification decision
106	Reconsideration of verification decision
107	Matters that verification agencies and independent verifiers must advise registration authority
	Part 4 Recognised agencies, persons, and classes of persons
108	Outline
109	Application
110	Quality management system
	Subpart 1—Recognition of agencies
111	Requirements for recognition of agencies under section 135 of Act
112	Requirements for recognition of agencies under section 136 of Act
113	Maintaining recognition
	Subpart 2— Recognition of natural persons and classes of natural persons
114	Requirements relating to recognition of natural person and class of natural persons
115	Additional recognition requirements for natural person or member of class of natural persons that are independent of recognised agency
116	Recognised persons or member of recognised class of natural persons must maintain compliance with requirements in regulations 114 and 115
	Subpart 3—Assessments and accreditation reports
117	Chief executive may require agency, person, or class to undergo assessment before and after granting recognition
118	Accreditation reports
	Part 5 Imported food
119	Outline
120	Application
121	Definition of responsibility
	Subpart 1—Duties of registered importer
122	Registered importers must take reasonable steps to assess safety and suitability of food
123	Transport and storage of food
124	Information that registered importer must keep or have ready access to
124A	Identification, location, and tracing of imported food
125	Food safety officer may require certain information
126	Recalls
127	Information that must be provided to Joint Border Management System or food safety officer
	Subpart 2—Food that requires clearance for entry
	Categories of food
128	Categories of food
129	Clearance required for high regulatory interest food
130	Clearance for certain increased regulatory interest food
	Clearance requirements
131	Clearance requirements
	Duties of registered importers in relation to food requiring clearance for entry
132	Registered importer must inform food safety officer where consignment to be held and inspected
133	Food safety officer may require food to be moved for inspection
	Testing of food that requires clearance for entry
134	Food for sampling and testing
135	Frequency of testing
	Food that is subject to clearance for entry or that has failed clearance must not be distributed
136	Food that is subject to clearance or has failed clearance must not be distributed
	Subpart 3—Testing of samples of imported food
137	Required tests of samples of imported food must be undertaken in approved laboratories
	Part 5A Exported food
137A	Application of this Part
137B	Identification, location, and tracing of exported food
137C	Recall of exported food
	Part 6 Food standards in relation to agricultural compounds
138	Outline
139	Definition of notice and specified food
	Setting maximum residue levels
140	Criteria for specifying maximum residue levels of agricultural compound
141	Contents of notice
142	Maximum residue levels in processed food
143	Maximum residue levels in food that consists of other foods
	Sale of food containing residues
144	Prohibition on sale of food containing residues of agricultural compound and exceptions
	Part 7 Infringement offences
145	Outline
	Offences in Act stated to be infringement offences
146	Offences in Act stated to be infringement offences
	Adopted joint food standards: preliminary matters
147	Definition of standard
148	Exceptions, etc, in Australia New Zealand Food Standards Code apply to infringement offences
	Adopted joint food standards: information requirements
149	Information requirements for food that is required to bear label
150	Information requirements for food that is not required to bear label
	Adopted joint food standards: prohibition on defacing labels and language requirement
151	Prohibition on defacing labels
152	Food required to bear label: labels must be in English
	Infringement notices and reminder notices
153	Infringement notices and reminder notices
	Part 8 Various food standards and related matters
154	Application of this Part
155	Standards relating to labelling of imported wine
156	Standards relating to water
157	Exemption relating to hemp seed oil [Revoked]
	Part 9 Declarations relating to food
158	Outline
159	Hemp seeds and hemp seed food products declared food
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Infringement offences and fees
	Schedule 3 Infringement notices and reminder notices
	Gazette Information
	Notes

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Food Regulations 2015

Food Regulations 2015

Order in Council

Note

(a)

(b)

(c)

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