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Food Act 2014

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

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

You could also call this:

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

Illustration for Food Act 2014

If you intentionally try to deceive people about food, you might commit an offence. This can happen if you falsify, suppress, or tamper with a sample of food, test results, or evidence to get a benefit or avoid a problem. You can do this with a sample of food or a food-related accessory taken for a risk-based measure or to comply with the Food Act, such as with section 312(2)(c).

If you commit this offence, you can get in trouble. A company can be fined up to $500,000 if they commit this offence. If you are an individual, you can be imprisoned for up to 5 years and fined up to $100,000.

You might also commit an offence if you interfere with a sample or evidence taken by a food safety officer or a recognised agency. This includes samples or evidence taken by an approved laboratory or an approved person who is doing their job under the Food Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996346.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesCrime and justice > Criminal law
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"Breaking food rules: lying about what's in your food or where it comes from is against the law."

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230: Offences involving intentionally defeating purpose of Act or deceiving in relation to statements, or

"Breaking the law by lying about food to deceive people"

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

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

  1. A person commits an offence if the person, with intent to deceive and for the purpose of obtaining any material benefit or avoiding any material detriment, falsifies, suppresses, or tampers with—

  2. a sample of food taken, an example of a food-related accessory taken, test procedures done, or test results produced,—
    1. for the purposes of a risk-based measure or an applicable requirement of this Act, by or for a person who operates under the risk-based measure; or
      1. for the purposes of the person's compliance with section 312(2)(c) or with any other applicable requirement of this Act; or
      2. a sample of food taken, an example of a food-related accessory taken, test procedures done, test results produced, or evidence taken—
        1. by a food safety officer or recognised agency or recognised person in performing a function or duty, or exercising a power, under this Act; or
          1. by an approved laboratory or an approved person in performing a function or duty, or exercising a power, under this Act.

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

          3. for a body corporate, to a fine not exceeding $500,000:
            1. for an individual, to—
              1. imprisonment for a term not exceeding 5 years; and
                1. a fine not exceeding $100,000.