Explanatory note
This Supplementary Order Paper amends the Food Safety Law Reform Bill.
Clause 2 is amended to correct a typographical error.
Amendments to Food Act 2014
New clause 3A amends the definition of food in section 9 of the Food Act 2014 (the Act). Food means anything that is used, capable of being used, or represented as being for use, for human consumption (whether raw, prepared, or partly prepared), and—
includes the things listed in section 9(1)(b); and
excludes the things listed in section 9(1)(c).
An Order in Council made under section 393 may declare a thing to be a food or not to be a food for the purposes of the Act. Currently, a substance that is used only as a medicine or that is a controlled drug or psychoactive substance is excluded from being a food by section 9(1)(c)(iii). The effect of the amendment is that if an Order in Council declares one of those substances to be a food for the purposes of the Act, the substance is not excluded from being a food.
New clause 31B amends section 353. Section 353 allows the chief executive to delegate powers and functions under the Act except the power to issue privileged statements and emergency notices. This amendment removes the restriction on delegating the power to issue privileged statements.
New clause 40A amends section 397, which enables the adoption of joint food standards. The amendment—
provides that an adopted joint food standard can relate to food exported from New Zealand; and
states the effect of the adoption of a joint food standard for a person who manufactures or prepares food for sale in New Zealand, or sells food in New Zealand, or imports food into, or exports food from, New Zealand.
New clause 40B amends section 400 to provide consistency in the incorporation of amendments to an adopted joint food standard. An amendment to an adopted food standard must be adopted in the same way as a joint food standard is adopted.
New clause 40C amends section 404 to provide that domestic food standards may also relate to food exported from New Zealand.
New clause 43A relates to food standards from the Food Act 1981 that have been transitioned as domestic food standards under section 421(2) of the Food Act 2014. The purpose of the amendment is to enable those transitioned food standards to be amended if the requirements for amending domestic food standards in section 404(1)(a) of the Food Act 2014 are not satisfied. The Minister may amend a transitioned food standard subject to certain requirements being met, including the requirement that the amendment must not have the effect of increasing the scope of the standard.
Amendments to Animal Products Act 1999
Clause 99, which amended section 60B of the Animal Products Act 1999 (the AP Act), is replaced with a new clause that will replace section 60B. The only additional change to section 60B is to remove the ability to grant exemptions from the food standards issued under the Food Act 2014. This power is unnecessary as exemptions from those standards may be granted under the Food Act 2014.
Clause 112, new section 77E is amended so that the requirement to comply with verification obligations includes obligations imposed by notices made under section 167(1) of the AP Act.
New clause 120A is inserted to amend section 86 of the AP Act. Section 86 allows the Director-General to delegate powers and functions under the Act, other than the power to issue statements under section 84. This amendment removes that restriction, thus allowing the delegation of the section 84 power.
Amendments to Wine Act 2003
Clause 206, new section 54E and new clause 208 are amendments to the Wine Act 2003 to mirror the changes being made in clause 112 and new clause 120A in relation to the AP Act.
Departmental disclosure statement
The Ministry for Primary Industries is required to prepare a disclosure statement to assist with the scrutiny of this Supplementary Order Paper. The disclosure statement provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.
Regulatory impact statement
The Ministry for Primary Industries produced a regulatory impact statement on 16 March 2017 to help inform the new policy decisions taken by the Government relating to the contents of this SOP.
A copy of this regulatory impact statement can be found at—