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Food Act 2014

Risk-based measures - National programmes - National programmes

76: Regulations and notices about national programmes

You could also call this:

"Rules about national food programmes to keep you safe"

The Governor-General can make rules about national food programmes. You need to know that these rules can cover things like how food businesses manage risks, how often they are checked, and how they register. The Minister must talk to people about these rules before they are made, as stated in section 379.

The chief executive can also make notices about national food programmes, like how people show they are competent in handling food, under section 405. They can say what information people need to give when they apply to register a food business.

These rules and notices are types 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=DLM2996179.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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75: How national programme may be imposed, or

"How the government can make food businesses follow national food safety rules"

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77: National programme not invalid on certain grounds, or

"The national food programme is still valid even if it lets certain people make decisions or set rules."

Part 2Risk-based measures
National programmes: National programmes

76Regulations and notices about national programmes

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:

  2. prescribing controls, restrictions, requirements, and prohibitions in relation to a food sector, including provisions about how a food sector must manage or deal with risks that arise from trading in food:
    1. prescribing verification requirements, including provisions that deal with the frequency, intensity, and cost of verification:
      1. prescribing procedures and requirements for the registration of food businesses, including who the appropriate registration authority should be, the form and content of registration, and the fees and charges payable for registration (if any):
        1. prescribing conditions, or restrictions on conditions, that may be imposed by the registration authority on the registration of a food business that is subject to a national programme:
          1. prescribing the duration of the registration of a food business that is subject to a national programme:
            1. providing for any other matters that may be necessary or desirable to give effect to or to administer the registration of a food business that is subject to a national programme:
              1. prescribing requirements relating to the safety and suitability of food and to good operating practice:
                1. requiring persons who operate under a national programme to demonstrate competency, in relation to the safety and suitability of food, food production, and food processing and handling, to undergo appropriate training, and to provide training for staff as appropriate:
                  1. requiring reports to be made in respect of breaches of a national programme:
                    1. requiring samples and tests to be carried out in relation to matters under a national programme and for the results of those tests to be reported to the chief executive:
                      1. prescribing any other matters that may be necessary to ensure that a national programme effectively minimises and manages risks to public health and protects and promotes public health:
                        1. prescribing any other matters that may be necessary for the purpose of giving effect to a national programme.

                          1. Before recommending the making of regulations under this section, the Minister must be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

                          2. The chief executive may, by notice under section 405,—

                          3. set requirements as to how persons who operate under national programmes are to demonstrate competence (in relation to the safety and suitability of food, food production, and food processing and handling), the appropriate training for those persons, and the staff training to be provided; and
                            1. specify information or other material (including any declarations) that must be provided in an application for registration; and
                              1. supplement regulations made under this section.

                                1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                                2. regulations under this section:
                                  1. a notice issued under section 405 in reliance on subsection (3).

                                    Compare
                                    Notes
                                    • Section 76 heading: amended, on , by section 17(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                    • Section 76(3): inserted, on , by section 17(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                    • Section 76(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).