Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Offences - Offences

228: Offences involving identifying or representing food

You could also call this:

"Breaking food rules: lying about what's in your food or where it comes from is against the law."

You commit an offence if you alter or misrepresent food identification, contrary to the Food Act 2014 requirements. This includes changing or hiding information about the food. You also commit an offence if you tamper with food or its packaging so it does not match its label or other statements made about it, such as those made under section 290.

If someone takes you to court for this offence, they do not need to prove you meant to do it. There are defences to this offence, which are explained in section 251. If you are found guilty, you can be fined - companies can be fined up to $250,000 and individuals can be fined up to $50,000.

When it comes to food, misrepresentation includes saying or showing something that is not true about the food, such as where it comes from or what it contains. This can be done in words or pictures, and it applies to all kinds of information about 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=DLM2996344.


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227: Offences involving intentionally defeating purpose of Act or deceiving in relation to identifying or representing food, or

"Breaking the law by lying about food or changing it to deceive people"


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229: Offences involving intentionally defeating purpose of Act or deceiving in relation to sampling, testing, or evidence, or

"Breaking the law by lying about food or tampering with food samples or evidence"

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Offences

228Offences involving identifying or representing food

  1. A person commits an offence if the person—

  2. alters, falsifies, misapplies, misrepresents, misuses, removes, or fails to apply a form of identification of food, contrary to an applicable requirement of this Act; or
    1. adulterates, misrepresents, or tampers with food or a food-related accessory so that it does not conform with—
      1. its label:
        1. its packaging:
          1. a statement made under section 290.
          2. In a prosecution for an offence against this section, it is not necessary to prove that the defendant intended to commit the offence.

          3. Section 251 contains defences to a prosecution for an offence against this section.

          4. A person who commits an offence against this section is liable on conviction,—

          5. for a body corporate, to a fine not exceeding $250,000:
            1. for an individual, to a fine not exceeding $50,000.
              1. In this section, misrepresentation, in relation to food or a food-related accessory, includes both a graphic and verbal misrepresentation in all forms as to the source, consignment, characteristics, description, labelling, safety and suitability, intended use, composition, ingredients or other constituents, and the proportion of ingredients or other constituents of the food or food-related accessory.