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Food Act 2014

Risk-based measures - National programmes - National programmes

77: National programme not invalid on certain grounds

You could also call this:

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

A national programme can't be considered invalid just because it gives some power to decide things to the Minister, the chief executive, the registration authority, or a food safety officer. You might see this power used to determine or approve certain matters. The programme also can't be invalid because it lets the Minister or the chief executive set rules or requirements for how things are done.

This rule is similar to one found in the 1986 legislation, which you can read more about. You can find more information about this by looking at the legislation from 1999 No 93. The details of this are available for you to compare and learn more about the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996180.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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76: Regulations and notices about national programmes, or

"Rules about national food programmes to keep you safe"

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78: Requirements of national programme to prevail in cases of inconsistency with other regulations or notices made under this Act, or

"National food programme rules take priority if they disagree with other food rules."

Part 2Risk-based measures
National programmes: National programmes

77National programme not invalid on certain grounds

  1. A national programme may not be held invalid merely because it—

  2. confers any discretion on, or allows any matter to be determined or approved by, the Minister, the chief executive, the registration authority, or any food safety officer; or
    1. allows the Minister or the chief executive to impose specifications or other requirements as to the performance of any activities.

      Compare