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Food Act 2014

Risk-based measures - Food control plans - Food control plans

40: Food control plan: chief executive's power to approve official template or model developed by third party

You could also call this:

"The boss of a government department can approve a plan to keep food safe that someone else created."

The chief executive has the power to approve a food control plan template or model that someone else has developed. You can find out how they do this by looking at section 405. The chief executive can approve a template or model for a certain period of time, and they can also add conditions to the approval.

The approval will end after a certain time, which is either 3 years or a shorter time decided by the chief executive. Before the approval ends, the chief executive can issue a new notice to approve the template or model for another period of up to 3 years. The chief executive can also suspend or withdraw an approval by issuing a notice under section 405.

When the chief executive issues a notice, they must say what conditions the approval has and when it will end. The chief executive's power to approve templates or models does not affect what is said in section 45. If you want to know more about how these notices are published, you can look at 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=DLM2996128.

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Part 2Risk-based measures
Food control plans: Food control plans

40Food control plan: chief executive's power to approve official template or model developed by third party

  1. The chief executive may, by notice under section 405, approve a template or model developed by a person other than the chief executive or by a food industry body.

  2. The chief executive may give an approval under this section subject to conditions.

  3. An approval must end within—

  4. 3 years from the date of approval; or
    1. a shorter period specified by the chief executive.

      1. The notice under section 405 must state—

      2. any conditions subject to which the approval is given; and
        1. the date on which the approval ends.

          1. Before an approval ends, the chief executive may issue a new notice under section 405 approving the template or model for a period of up to 3 years.

          2. The chief executive may suspend or withdraw an approval by issuing a notice under section 405.

          3. This section does not limit or affect section 45.

          4. A notice issued under section 405 in reliance on this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 40(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).