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New Zealand law explained for everyone

Food Act 2014

Food imported for purpose of sale - Preliminary

109: Food clearance

You could also call this:

"Getting permission to bring food into New Zealand from overseas"

Illustration for Food Act 2014

A food safety officer can let imported food into New Zealand if certain conditions are met. You need to meet some rules, like being a registered importer or having an agent who is registered. The officer must also be happy that the food is safe and suitable, and that you have followed all the relevant regulations, such as those made under section 387 and notices issued under section 405.

The food safety officer can give clearance if you are not selling the food. The officer can decide to give clearance without any conditions or with some conditions to ensure the food is safe.

The clearance given by the food safety officer does not change how other laws apply to the food.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996218.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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"Rules for bringing food into New Zealand to sell"

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110: Duties of importer, or

"Rules for people who bring food into New Zealand to sell"

Part 3Food imported for purpose of sale
Preliminary

109Food clearance

  1. A food safety officer may give any imported food a clearance for entry into New Zealand if subsection (2) or (3) applies.

  2. This subsection applies if all of the following apply:

  3. the importer of the food—
    1. is a registered importer; or
      1. is acting through an agent who is a registered importer; and
      2. any regulations made under section 387 are complied with; and
        1. any applicable notices issued under section 405 are complied with; and
          1. there are no discrepancies that suggest that it may be unwise for the food safety officer to rely on the documentation accompanying the food, either—
            1. in the documentation itself; or
              1. between the documentation and the food.

              2. This subsection applies if a food safety officer is satisfied (including, but not exclusively, by declaration by the importer) that the food is not imported for the purpose of sale.

              3. A food safety officer may give a clearance for entry under this section—

              4. unconditionally; or
                1. subject to any conditions that the food safety officer thinks necessary or desirable to achieve the safety and suitability of food.

                  1. A clearance for entry given under this section does not affect the application of the provisions of any other Act.