Food Act 2014

Risk-based measures - Food control plans - Suspension of operations under registered food control plan

62: Mandatory suspension

You could also call this:

"The government can temporarily stop a food business from operating if it's not following the rules or might be harming people's health."

The registration authority can stop some or all of the operations under a registered food control plan at any time. This can happen if they think the plan is not working, or the food does not meet the requirements of the Food Act 2014, or the food might be bad for people's health. They can also stop operations if there are big problems with how the food is being handled, or if the person in charge of the plan is not following the rules, including those in section 61A, or if they are not using an official template or model for their plan and are not following the rules.

The registration authority can stop operations for up to 3 months. You can find more information about this in clauses 4 and 6 of Schedule 4.

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 It might be out of date or be missing some parts.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=DLM2996161.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

61A: Clarity of food control plans not based on official template or model, or

"Food control plans not using the official template must be clear and meet the rules."

63: Registration authority may extend mandatory suspension, or

"The registration authority can extend a food business's suspension if needed."

Part 2Risk-based measures
Food control plans: Suspension of operations under registered food control plan

62Mandatory suspension

The registration authority may, at any time, suspend all or any operations under a registered food control plan in accordance with clauses 4 and 6 of Schedule 4 if it has reasonable grounds to believe that—
the food control plan may not be, or is no longer, effective (for example, because of a failure to have the plan verified in accordance with the applicable requirements of this Act); or
the food traded under the food control plan does not meet, or no longer meets, the applicable requirements of this Act; or
the food traded under the food control plan may pose a risk to human life or public health; or
there is or has been a serious failure of operations or there are or have been other matters (including non-compliance with the conditions of registration) under the plan that cast doubt on the safety and suitability of food traded under it; or
in the case of a registered food control plan that is not based on an official template or model, the operator has failed to comply with a requirement under section 61A.

The maximum period of suspension under this section is 3 months.

Compare

1999 No 93 s 27

Notes

Section 62(1)(d): amended, on 2 March 2018, by section 13(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
Section 62(1)(e): inserted, on 2 March 2018, by section 13(2) of the Food Safety Law Reform Act 2018 (2018 No 3).