Food Act 2014

Risk-based measures - Food control plans - Removal of registration of food control plans

67: Cancellation of registration

You could also call this:

"When a food business breaks the rules, the registration can be cancelled to keep food safe."

The registration authority can cancel a food control plan's registration if they are satisfied that certain conditions are met. You might wonder what these conditions are. The authority can cancel the registration if suspending operations would be justified, but it would be more appropriate to cancel because the operator failed to properly attend to matters, or there have been repeated suspensions.

The authority can also cancel the registration if the period of a suspension has expired, but the operator has not fixed the issues that led to the suspension. They can cancel if the plan is no longer capable of keeping food safe, or if the plan is no longer relevant due to changes in the operator, location, food, or type of trading.

If the registration authority decides to cancel a food control plan's registration, they must give written notice to the appropriate verifier, verification agency, and the chief executive. They may also notify the cancellation in the Gazette. The authority can cancel the registration for other reasons, such as the operator ceasing to operate as a food producer, processor, or seller, or failing to pay fees or charges, or failing to comply with requirements under section 61A of the Food Act 2014, which is available at https://legislation.govt.nz, or by searching for the Food Act 2014.

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 It might be out of date or be missing some parts.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=DLM2996167.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

66: Removal from public register, or

"Taking a food business off the public list"

68: Effective date of cancellation, or

"When a food plan's registration is cancelled, it stops on a date chosen by the authorities."

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

67Cancellation of registration

The registration authority may cancel the registration of a food control plan in accordance with Part 4 of Schedule 4 if satisfied that—
suspending operations under the plan under section 62 would be justified, but it would be more appropriate to cancel the registration of the plan because of—
1. the failure of the operator of the plan to properly attend to matters that would lead to the suspension; or
2. repeated suspensions in the past under that section or section 64; or
the period of a suspension of the plan under section 62 has expired, but the operator of the plan has failed to properly attend to matters that led to the suspension of operations under the plan and there are no reasonable grounds for believing that the operator would properly attend to those matters; or
whether by reason of the passage of time, changing circumstances, or for any other reason, the plan is no longer capable of achieving the safety and suitability of food traded under it; or
the plan has ceased to be relevant to the operations it purports to cover because there has been a change in—
1. the operator of the food business concerned; or
2. the place where the relevant operations are carried out; or
3. the food being traded; or
4. the type of trading being carried out; or
the operator of the plan has ceased to operate as a producer, processor, or seller of food and has either—
1. surrendered the registration of the plan; or
2. failed to surrender the registration of the plan despite reasonable efforts by the registration authority to contact the operator; or
the operator of the plan has transferred the food business covered by the plan to a new operator, but the registration authority is not satisfied of the matters in section 56(c) or (d) in relation to the new operator; or
the operator of the plan has failed to pay any fees or charges imposed or prescribed by or under this Act or any regulations made under this Act (excluding any infringement); 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.

If the registration authority decides to cancel the registration of a food control plan, the registration authority—
must, as soon as practicable, give written notice of the cancellation to—
1. the appropriate verifier or verification agency (if any); and
2. the chief executive, if the registration authority is not the chief executive; and
may notify the cancellation in the Gazette.

Compare

1999 No 93 s 28(1)

Notes

Section 67(1)(g): amended, on 2 March 2018, by section 14(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
Section 67(1)(h): inserted, on 2 March 2018, by section 14(2) of the Food Safety Law Reform Act 2018 (2018 No 3).