Food Act 2014

Risk-based measures - Food control plans - Registration of food control plans

53: Application for registration: form and content

You could also call this:

"How to apply to register a food control plan in writing"

When you apply to register a food control plan, you must do it in writing. You need to use a form or manner that the registration authority approves. You also need to include certain information and pay a fee, if there is one, as set out in section 204 or section 205.

If your food control plan is based on an official template or model, you need to provide information that section 42(a) to (e) requires. You also need to give the reference number of the template or model and confirm who your verifier or verification agency is.

If your plan is not based on an official template or model, you need to provide either the information section 42(a) to (e) and (h)(ii) requires or a copy of the entire plan. You also need to give a report of an independent evaluation of your plan, unless this is waived, and confirm who your verifier or verification agency is.

The chief executive can waive the requirement for an independent evaluation on a case-by-case basis or by notice under section 405. A notice issued under section 405 is secondary legislation, which has its own publication requirements, as explained 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=DLM2996150.


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Part 2Risk-based measures
Food control plans: Registration of food control plans

53Application for registration: form and content

  1. An application for registration must—

  2. be made in writing in a form or manner approved by the appropriate registration authority; and
    1. include the information described in subsection (2) or, as the case may be, subsection (3); and
      1. be accompanied by the fee (if any) that is prescribed or set under section 204 or 205.
        1. For a food control plan that is based on an official template or model, the information referred to in subsection (1)(b) is—

        2. the information required under section 42(a) to (e) that provides a comprehensive and accurate representation of all the requirements of those paragraphs; and
          1. the reference number of the official template or model; and
            1. confirmation of the operator’s verifier or verification agency.
              1. For a food control plan that is not based on an official template or model, the information referred to in subsection (1)(b) is—

              2. either of the following:
                1. the information required under section 42(a) to (e) and (h)(ii) that provides a comprehensive and accurate representation of all the requirements of those paragraphs and a list of the contents of the food control plan:
                  1. a copy of the entire food control plan; and
                  2. unless waived under subsection (4), a report of an independent evaluation, carried out not more than 6 months before the date of the application for registration, of the validity of the food control plan in terms of sections 41 and 42; and
                    1. confirmation of the verifier or verification agency that will carry out verification functions in respect of the plan.
                      1. The chief executive may waive the requirement to provide an independent evaluation of the validity of a food control plan—

                      2. on a case-by-case basis; or
                        1. by notice under section 405.
                          1. A notice issued under section 405 in reliance on subsection (4)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the notice applies only to 1 or more specified businesses.

                          Compare
                          Notes
                          • Section 53(2): replaced, on , by section 9(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                          • Section 53(3)(b): amended, on , by section 9(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                          • Section 53(4): inserted, on , by section 9(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                          • Section 53(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).