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Food Act 2014

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

231: Offences involving statements

You could also call this:

"Breaking the law by making false claims or misusing information is an offence."

Illustration for Food Act 2014

If you make a statement that is false and claims to be under section 290, you commit an offence. You also commit an offence if you falsify or misuse a statement made under section 290.

If you are being prosecuted for this offence, you can be found guilty even if you did not mean to commit the offence.

You can look at section 251 to see if you have a defence against this offence. If you are found guilty, you can be fined: a company can be fined up to $250,000 and an individual can be fined up to $50,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996349.

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Health and wellbeing > Food and water safetyBusiness > Industry rules
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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"

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232: Offence involving knowingly or recklessly selling non-complying food, or

"Selling food that's not safe is against the law if you know or don't care it's not allowed."

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

231Offences involving statements

  1. A person commits an offence if the person—

  2. makes a statement that purports to be a statement made under section 290 or a statement of the New Zealand Government's assurance about food or a consignment of food; or
    1. falsifies or misuses a statement made under section 290.

      1. In a prosecution for an offence against this section, it is not necessary to prove that the defendant intended to commit the offence.

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

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

      4. for a body corporate, to a fine not exceeding $250,000:
        1. for an individual, to a fine not exceeding $50,000.