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Food Act 2014

Risk-based measures - General - Classification of food sectors

22: Power to amend Schedules 1 to 3 by Order in Council

You could also call this:

"The Governor-General can change some food rules with the Minister's advice."

The Governor-General can change Schedules 1 to 3 by Order in Council. You can think of an Order in Council like a special instruction from the Governor-General. The Minister must recommend these changes. The Governor-General can make these changes by doing things like adding or removing food sectors from a schedule, or changing the name of a food sector.

The Minister must consider the safety and suitability of food for sale before recommending any changes. They must also think about how the changes will affect the food sector and its economy. The Minister must be satisfied that people have been properly consulted about the changes, as outlined in section 379.

A food sector can be described in different ways, such as the type of food it trades in, its intended purpose, or the type of operations it carries out. These changes are a type of secondary legislation, which you can learn more about in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996111.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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21: Classification of food sectors for purpose of assigning applicable risk-based measures, or

"Sorting food businesses into groups to keep people safe from bad food"

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23: Determining applicable risk-based measure for food businesses that come within food sectors not classified in Schedules 1 to 3, or

"What food safety rules apply to your business if it's not on the main lists?"

Part 2Risk-based measures
General: Classification of food sectors

22Power to amend Schedules 1 to 3 by Order in Council

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to amend Schedule 1, 2, or 3 by doing any 1 or more of the following to any 1 or more of those schedules:

  2. amending the overview part of a schedule; or
    1. adding the name or description of any food sector to a schedule; or
      1. removing the name or description of any food sector from a schedule; or
        1. amending the name or description of any food sector in a schedule; or
          1. moving the name or description of any food sector from 1 schedule, or Part of a schedule, and inserting that name or description in another schedule, or Part of a schedule; or
            1. revoking a schedule or a Part of a schedule and substituting a new schedule or a new Part of a schedule.

              1. Before recommending the making of regulations under subsection (1), the Minister must—

              2. take both of the following matters into account:
                1. the need to achieve the safety and suitability of food for sale; and
                  1. the likely effect of the regulations on the efficiency of the food sector concerned and the economic impact of the regulations on that sector; and
                  2. be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

                    1. A food sector to which regulations under subsection (1) relate may be described, without limitation, by—

                    2. the type of food that the food sector trades in; or
                      1. the intended purpose or destination of food; or
                        1. the type of operations or processes carried out in relation to food; or
                          1. the type of place in which the operations or processes are carried out in relation to food; or
                            1. any combination of the matters described in paragraphs (a) to (d).

                              1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                              Notes
                              • Section 22(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).