Food Act 2014

Preliminary provisions - Interpretation - Meaning of food business

10: Meaning of food business

You could also call this:

"What is a food business in New Zealand?"

In the Food Act 2014, a food business is a business, activity, or undertaking that trades in food. You are part of a food business if you sell food, even if it is just part of what you do. This includes selling food on the Internet.

If the Governor-General declares something to be a food business under section 393, then it is a food business. However, if you provide a place or services for people to trade food, but you do not trade food yourself, then you are not a food business.

The Governor-General can also declare that something is not a food business under section 393, and in that case, it is not a food business.

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Part 1Preliminary provisions
Interpretation: Meaning of food business

10Meaning of food business

  1. In this Act, unless the context otherwise requires, food business

  2. means a business, activity, or undertaking that trades in food (whether in whole or in part); and
    1. includes a business, activity, or undertaking that—
      1. sells food on the Internet; or
        1. is declared by the Governor-General, by Order in Council made under section 393, to be a food business for the purposes of this Act; but
        2. does not include a business, activity, or undertaking—
          1. merely because it carries on a business other than trading in food and, in the course of doing so, acts as an intermediary between persons who trade in food by providing, for reward, a place (including mobile premises) or services (for example, an Internet service provider or an auction site on the Internet); or
            1. that is declared by the Governor-General, by Order in Council made under section 393, not to be a food business for the purposes of this Act.