Food Act 2014

Preliminary provisions - Introduction

3: Overview

You could also call this:

"What the Food Act 2014 is about and how it keeps food safe in New Zealand"

The Food Act 2014 is a law that replaces the old Food Act 1981. You can read the old Food Act 1981 on the New Zealand legislation website. This new law has different parts that explain how it works.

The law explains what it is for and who it applies to. It also defines some important words used in the law. You will learn about the main duty of people who sell food and the roles of those who help keep food safe.

Some parts of the law talk about how to keep food safe. It explains how food businesses are classified based on the risk they pose to public health. You will find out which rules apply to each type of food business.

Other parts of the law discuss imported food and how it must be safe. It also talks about who is in charge of making sure food is safe and what they have to do.

There are also parts that explain how the law is enforced and what happens if someone breaks the rules. You can find more information about specific topics, like food sectors and registrations, in the different schedules of the law.

These schedules describe different types of food businesses and which rules they must follow. They also explain how registrations work under this law.

Remember, this is just a guide to help you understand the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2995818.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

2: Commencement, or

"When the Food Act 2014 starts to be used as law in New Zealand."

4: Purpose, or

"The Purpose of the Food Act 2014 is to keep food safe for you to eat in New Zealand."

Part 1Preliminary provisions
Introduction

3Overview

This Act replaces the Food Act 1981.
This Part contains preliminary provisions that—
state the purpose of this Act; and
set out the application of this Act; and
define certain terms used in this Act; and
state the primary duty of persons who trade in food; and
specify the principles for persons with regulatory roles under this Act and summarise what those roles are.

Part 2 relates to risk-based measures, which are the main mechanisms under this Act for achieving the safety and suitability of food. In particular, it includes provisions that—
provide for the classification of food sectors into 3 classes based on, among other things, the level of risk that they pose to public health; and
specify which (if any) risk-based measure generally applies to food businesses in each of those 3 classes; and
require certain persons who trade in food to operate under the risk-based measure that generally applies to the food sector that the person's food business is in, unless certain specified circumstances apply; and
set out the nature, content, and effect of risk-based measures.

Part 3 contains provisions that—
require the safety and suitability of food imported for the purpose of sale; and
provide for the registration of importers of that food.

Part 4 contains provisions relating to recognition, the functions of territorial authorities, administration, and enforcement. In particular, it includes provisions that—
provide for the recognition of agencies, persons, and classes of persons for the purposes of this Act; and
state the functions and duties of territorial authorities under this Act; and
set out the principles for the recovery of the direct and indirect costs of administering this Act; and
deal with enforcement matters, such as offences, penalties, evidentiary presumptions, the court's powers to make additional orders for effective enforcement, and the chief executive's powers to give directions.

Part 5 contains miscellaneous provisions, including provisions about exemptions from the application of this Act, delegation, review of decisions made by the chief executive or a person acting under the delegated authority of the chief executive, consultation, incorporation by reference, and transitional matters. It contains regulation-making powers that provide for, among other things, regulations about standards in relation to food, risk-based measures, improving the safety and suitability of food, imported food, recognised agencies, persons, and classes of persons, information, offences, and administrative matters. It also contains provisions on the issuing of notices, including emergency notices.
Schedule 1 describes the food sectors that are generally subject to a food control plan.
Schedule 2 describes the food sectors that are generally subject to a national programme. A national programme is categorised into 3 levels (level 3 to 1) in descending order of risk.
Schedule 3 describes the food sectors that are not required to operate under a food control plan or a national programme.
Schedule 4 sets out miscellaneous provisions relating to registrations under this Act.
Schedule 5 sets out provisions relating to the public registers that are required to be kept under this Act.
Schedule 6 sets out provisions relating to material incorporated by reference.
Schedule 7 sets out consequential amendments, repeals, and revocations.
This section is intended as a guide only.