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New Zealand law explained for everyone

Food Act 2014

Risk-based measures - Monitoring programmes

105: Monitoring programme not invalid on certain grounds

You could also call this:

"A food safety monitoring programme is still valid even if it lets certain people make decisions or set rules."

A monitoring programme can still be valid even if it lets the Minister, the chief executive, or a food safety officer make some decisions. You might think a programme is not valid if it gives these people discretion or the power to approve things. The programme can also still be valid if the Minister or the chief executive sets rules or requirements for how things are done, as seen in similar laws such as the one found at this link. This means the programme is not automatically invalid just because it has these features. The Minister or the chief executive having some control does not make the programme invalid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996202.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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104: Chief executive may specify certain matters by notice, or

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

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106: Purpose of this Part, or

"Keeping imported food safe for you to eat"

Part 2Risk-based measures
Monitoring programmes

105Monitoring programme not invalid on certain grounds

  1. A monitoring 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, 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.

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