New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 July 2011
| Public Act | 1981 No 45 |
| Date of assent | 14 October 1981 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Agriculture and Food.
1 Short Title and commencement
Part 1
Application and administration of Act
4A Meaning of food safety programme
6 Advisory and technical committees
7 Appointment of analysts and officers
8 Exercise of powers of Director and other officers
Part 1A
Exemptions from Food Hygiene Regulations 1974
8AA Relationship between this Part and Animal Products Act 1999
8AB Relationship between this Part and Wine Act 2003
8C Limitations on further applications
8E Duties of territorial authorities to enforce Food Hygiene Regulations 1974 not affected
Powers of Director-General to grant exemptions
8F Procedure where application made to Director-General
8G Definition of appropriate food safety programme
8H Director-General not to refuse exemption unless applicant given opportunity to be heard
Powers of territorial authorities to grant exemptions
8N Procedure where application made to territorial authority
8O Applications referred to Director-General
8P Territorial authority not to refuse exemption unless applicant given opportunity to be heard
8Y Decision of Director-General to be final
Transfer of functions of territorial authorities
8ZD Change, revocation, or relinquishment of transfer
Performance standards for territorial authorities
8ZE Minister may issue performance standards
8ZF Territorial authorities to meet performance standards
8ZG Non-performance by territorial authority
8ZH Costs, charges, and expenses incurred by Minister
Monitoring compliance with exemptions
8ZJ Duty to monitor compliance with exemption
Guidelines relating to granting of exemptions by territorial authorities
8ZK Director-General may issue guidelines
8ZL Consultation on guidelines
8ZM Territorial authorities to observe guidelines
8ZN Standard criteria for food safety programmes
8ZO Incorporation of material by reference
8ZP Verification, notification, availability, and commencement of guidelines
Non-compliance with exemption an offence
8ZQ Non-compliance with exemption an offence
Notification of auditor of food safety programmes
8ZR Notification of auditor of food safety programmes
8ZS Director-General to maintain register of exemptions
8ZT Duty on territorial authorities to forward information for inclusion on register
8ZU Director-General to notify territorial authority
Approval of persons to audit food safety programmes
8ZV Approval of persons to audit food safety programmes adopted by holders of exemptions
8ZW Integrity of audit process
8ZZB Director-General to notify territorial authority of revocation or surrender of approval
8ZZD Approved auditor to notify termination of audit contract
8ZZF Director-General to keep list of approved auditors
8ZZG Other exemption powers not affected
Part 2
Sales and advertisements
9 General prohibitions on sales
10 Misleading labelling and packaging
11 Restrictions on advertising
11AA Contravention of Act, etc, knowing that will create risk to human health
11A Restriction on selling raw milk
11C Minister may issue food standards
11E Preconditions for issuing food standard
Incorporation of material by reference
11F Food standards may incorporate material by reference
General provisions relating to food standards
11G Verification, notification, availability, and commencement of food standards
11H Further general provisions relating to food standards
11I Food standards subject to disallowance
11J Minister not to delegate power to issue food standards
11L Amendment and revocation of food standards
11N Director-General not to delegate power to issue emergency food standards
11O Contravention of food standards
11S Application of food standards and food regulations during transition period
11T Minister to identify alternative food standards
11U Persons may elect to be governed by food standards
11W Application of alternative food standards adopted during transition period
11X Effect of adoption of alternative food standards on persons subsequently selling food
11Y Adoption of alternative food standards may be necessary if person to deal with food lawfully
11Z Minister may declare mandatory food standard
11ZA Application of mandatory food standard during transition period
11ZB Inconsistencies between food standards and Food Regulations 1984, and between mandatory and alternative food standards
11ZC Duty to disclose which food regime applies
13 Powers of local authority inspectors
14 Further provisions relating to seizure and detention of articles
15 Seizure and destruction of decayed or putrified food
15A Power to issue search warrant even though offence not imprisonable
16 District Court may order return of property or compensation
17 Power of Medical Officer of Health to require information
18 Power to require name and address of seller
19 Source of information or reports need not be disclosed
20 Procuring of samples for analysis
21 How samples to be dealt with
22 Analysis of sample and certificate or report of analyst
24 Special provisions relating to imported consignments
25 Presumption that contents conform with label
27 Jurisdiction of District Courts
27A Copy of analyst's certificate or report to be served with summons
29 Liability of principal for acts of agents, etc
32 Liability of persons named on labels
33 Payment of expenses of analysis on conviction
35 Courts may order withdrawal of goods from circulation
Part 4
Miscellaneous provisions
36 Duty of officer to procure sample for analysis on request
37 Statements by Director-General
38 Examination of Customs entries
39 Protection of persons acting under authority of Act
An Act to consolidate and amend the law relating to the sale of food
