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.

These regulations are made under sections 203, 204, 207, and 208 of the Food Act 2014—

(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.

1	Title
2	Commencement
3	Principal regulations
4	Title of principal regulations changed
5	New regulation 2A inserted (Interpretation)
	2A	Interpretation
6	Regulation 3 amended (Fees and charges)
7	New regulation 3A inserted (Levy payable by registered importer)
	3A	Levy payable by registered importer
8	Regulation 3A amended (Levy payable by registered importer)
9	New regulations 3B to 3E inserted
	3B	Levy payable by operator of food business registering food control plan
	3C	Levy payable by operator of food business registered as subject to national programme
	3D	Collection agent
	3E	Levies exclusive of goods and services tax
10	Regulations 4 and 5 replaced
	4	Chief executive may exempt, waive, or refund fees, charges, or levies
	5	Territorial authorities may exempt, waive, or refund fees
11	Schedule amended
12	New Schedule 2 inserted
13	Schedule 2 amended
14	Schedule 2 further amended
	Schedule 1 New Schedule 2 inserted
	Schedule 2 New Part 2 of Schedule 2 inserted
	Gazette Information
	Notes

Regulations

1 Title

These regulations are the Food (Fees, Charges, and Levies) Amendment Regulations 2024.

2 Commencement

(1)

These regulations come into force on 1 July 2024.

(2)

However,—

(a)

regulations 8, 9, and 13 come into force on 1 July 2025; and

(b)

regulation 14(1) comes into force on 1 July 2026; and

(c)

regulation 14(2) comes into force on 1 July 2027.

Regulations: confirmed, on 24 December 2024, by section 10 of the Secondary Legislation Confirmation Act 2024 (2024 No 58).

3 Principal regulations

These regulations amend the regulations that were previously called the Food (Fees and Charges) Regulations 2015.

4 Title of principal regulations changed

(1)

In regulation 1, replace “Food (Fees and Charges)” with “Food (Fees, Charges, and Levies)”.

(2)

Every reference in any enactment and in any document to the Food (Fees and Charges) Regulations 2015 must, unless the context otherwise provides, be read as a reference to the Food (Fees, Charges, and Levies) Regulations 2015.

5 New regulation 2A inserted (Interpretation)

After regulation 2, insert:

2A Interpretation

In these regulations, levy year means a period of 12 months that begins on 1 July and ends on 30 June.

6 Regulation 3 amended (Fees and charges)

In regulation 3, replace “the Schedule” with “Schedule 1”.

7 New regulation 3A inserted (Levy payable by registered importer)

After regulation 3, insert:

3A Levy payable by registered importer

(1)

A person who is registered as an importer must pay the applicable levy in Part 1 of Schedule 2 for each registration as an importer held by that person in the first levy year and each subsequent levy year.

(2)

The levy is payable by 1 October following receipt of an invoice from the chief executive.

(3)

In this regulation, the first levy year is the period that begins on 1 July 2024 and ends on 30 June 2025.

(4)

The levy is exclusive of goods and services tax.

8 Regulation 3A amended (Levy payable by registered importer)

Revoke regulation 3A(4).

9 New regulations 3B to 3E inserted

After regulation 3A, insert:

3B Levy payable by operator of food business registering food control plan

(1)

This regulation applies to—

(a)

the operator of a food business that is required to register a food control plan; and

(b)

the operator of a food business that is required to be registered as a food business subject to a national programme who instead chooses to register a food control plan.

(2)

The operator must pay the levy in item 1 of Part 2 of Schedule 2 each levy year.

(3)

The levy is payable by the operator described in subclause (1)(a) for each place in which the food business trades in food—

(a)

upon registration of the food control plan; and

(b)

if the food control plan is already registered, annually within 20 working days following receipt of an invoice.

(4)

The levy is payable by the operator described in subclause (1)(b) for each food business—

(a)

upon registration of the food control plan; and

(b)

if the food control plan is already registered, annually within 20 working days following receipt of an invoice.

(5)

This regulation does not apply—

(a)

to the registration of an amended food control plan if the levy for the food control plan for that levy year has already been paid; or

(b)

to the registration of the food control plan with an appropriate registration authority if the levy for that levy year has already been paid for the registration of the food control plan with another appropriate registration authority.

3C Levy payable by operator of food business registered as subject to national programme

(1)

An operator of a food business that is required to be registered as a food business subject to a national programme must pay the levy in item 2 of Part 2 of Schedule 2 each levy year.

(2)

The levy is payable for each food business—

(a)

upon registration of the food business as a food business that is subject to a national programme; and

(b)

if the food business is already registered as a food business that is subject to a national programme, annually within 20 working days following receipt of an invoice.

(3)

This regulation does not apply—

(a)

to the registration of a food business as a food business that is subject to a national programme with an appropriate registration authority if the levy for that levy year has already been paid for the registration of the food business as a food business that is subject to a national programme with another appropriate registration authority; or

(b)

if the operator chooses to register a food control plan instead of registering the food business as a food business that is subject to a national programme.

3D Collection agent

(1)

A territorial authority that is the appropriate registration authority of a food business is the collection agent of the levies in regulations 3B and 3C.

(2)

The territorial authority—

(a)

may recover the costs of collecting the levies at a rate not exceeding $11 (exclusive of goods and services tax) per collection; and

(b)

must forward any amount collected (other than the costs of collection) to the Ministry.

3E Levies exclusive of goods and services tax

The levies in regulations 3A, 3B, and 3C are exclusive of goods and services tax.

Regulation 9: amended, on 1 July 2025, by regulation 8(1) of the Food (Fees, Charges, and Levies) Amendment Regulations 2025 (SL 2025/129).

Regulation 9: amended, on 1 July 2025, by regulation 8(2) of the Food (Fees, Charges, and Levies) Amendment Regulations 2025 (SL 2025/129).

Regulation 9: amended, on 1 July 2025, by regulation 8(3)(a) of the Food (Fees, Charges, and Levies) Amendment Regulations 2025 (SL 2025/129).

Regulation 9: amended, on 1 July 2025, by regulation 8(3)(b) of the Food (Fees, Charges, and Levies) Amendment Regulations 2025 (SL 2025/129).

Regulation 9: amended, on 1 July 2025, by regulation 8(4) of the Food (Fees, Charges, and Levies) Amendment Regulations 2025 (SL 2025/129).

Regulation 9: amended, on 1 July 2025, by regulation 8(5) of the Food (Fees, Charges, and Levies) Amendment Regulations 2025 (SL 2025/129).

10 Regulations 4 and 5 replaced

Replace regulations 4 and 5 with:

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

(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 Schedule 1 or levy specified in Schedule 2, 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, charge, or levy is less than the reasonable cost of recovering the fee, charge, or levy:

(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, charge, or levy:

(d)

the chief executive considers that more efficient processes can be used, resulting in lower costs.

(2)

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.

(3)

This regulation is revoked on the close of 30 June 2029.

Legislation Act 2019 requirements for secondary legislation made under this regulation
Publication	It is not required to be published	LA19 s 73(2)
Presentation	The Minister must present it to the House of Representatives	LA19 s 114
Disallowance	It may be disallowed by the House of Representatives	LA19 ss 115, 116
This note is not part of the secondary legislation.

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, resulting in lower costs.

(2)

This regulation is revoked on the close of 30 June 2029.

11 Schedule amended

In the Schedule, Part 2, item 46, replace “Administration of imported food categorised in regulations made under the Act as being of increased regulatory interest” with “Administration of imported food categorised in regulations made under the Act as being of increased regulatory interest or high regulatory interest”.

12 New Schedule 2 inserted

After the Schedule, insert as Schedule 2 the schedule set out in Schedule 1 of these regulations.

13 Schedule 2 amended

(1)

In the Schedule 2 heading, replace “r 3A” with “rr 3A–3C”.

(2)

In Schedule 2, after Part 1, insert the Part 2 set out in Schedule 2 of these regulations.

14 Schedule 2 further amended

(1)

In Schedule 2, Part 2, replace “$57.50” with “$86.25” in each place.

(2)

In Schedule 2, Part 2, replace “$86.25” with “$115” in each place.

Schedule 1 New Schedule 2 inserted

r 12

Schedule 2 Levies

r 3A

Part 1 Registered importer levies

	Matter for which levy payable		Levy
1	Importing up to and including 118,500 kilograms of food per levy year		$67.50
2	Importing 118,501 or more kilograms of food per levy year		$67.50 for importing 118,500 kilograms plus $0.00057 for each additional kilogram imported

Schedule 2 New Part 2 of Schedule 2 inserted

r 13(2)

Part 2 Food business levies

	Matter for which levy payable		Levy
1	Operating a food business under a food control plan		$57.50 per year
2	Operating a food business that is subject to a national programme		$57.50 per year

Nicola Purvis,
Acting Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 30 May 2024.

Notes

1 General

This is a consolidation of the Food (Fees, Charges, and Levies) Amendment Regulations 2024 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, Charges, and Levies) Amendment Regulations 2025 (SL 2025/129): regulation 8

Secondary Legislation Confirmation Act 2024 (2024 No 58): section 10

Food (Fees, Charges, and Levies) Amendment Regulations 2024