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Food Act 2014

Risk-based measures - Monitoring programmes

104: Chief executive may specify certain matters by notice

You could also call this:

"The boss of a food safety team can create rules to help keep food safe."

The chief executive can create a notice to help with a monitoring programme. You can find more information about this in section 405 and section 102. The notice can include things like what to sample, how to test, and what to report.

The chief executive can specify things like sampling plans, test methodologies, and competencies in the notice. They can also say what procedures to follow and what information to provide. The notice must not contradict the regulations.

A notice issued under section 405 is considered secondary legislation, which means it has to follow certain publication rules - you can learn more about this in Part 3 of the Legislation Act 2019.

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"Rules for keeping food safe through monitoring programmes"

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Part 2Risk-based measures
Monitoring programmes

104Chief executive may specify certain matters by notice

  1. For the purpose of giving effect to a monitoring programme, the chief executive may, by notice under section 405, specify the following matters that are necessary to give effect to the matters provided for in section 102:

  2. sampling plans:
    1. sampling regimes:
      1. test methodologies:
        1. competencies:
          1. procedures to be followed:
            1. reporting:
              1. provision of information:
                1. surveillance and the consequences of surveillance.

                  1. Repealed

                  2. A notice referred to in subsection (1) must not be inconsistent with the regulations.

                  3. A notice issued under section 405 in reliance on this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes
                  • Section 104(2): repealed, on , by section 21(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                  • Section 104(3): amended, on , by section 21(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                  • Section 104(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).