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Food Act 2014

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

241: Offence involving breaching or failing to comply with suspension, direction, or improvement notice

You could also call this:

"Breaking food safety rules is an offence"

Illustration for Food Act 2014

If you break or do not follow a suspension, direction, or improvement notice, you commit an offence. This includes suspensions imposed under section 62, 90, or 122, and directions given under certain sections of the Food Act 2014. You also commit an offence if you do not follow an improvement notice issued by a food safety officer under section 302.

If you are taken to court for this offence, you do not have to have meant to commit it. There is a defence to this offence, which is explained in section 251. If you are found guilty, you can be fined: a company can be fined up to $300,000, 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=DLM2996358.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesCrime and justice > Criminal law
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Offences

241Offence involving breaching or failing to comply with suspension, direction, or improvement notice

  1. A person commits an offence if the person breaches or fails to comply with—

  2. a suspension imposed under section 62, 90, or 122 (including a suspension extended under section 63, 91, or 123); or
    1. a direction given under any of sections 279, 281, and 282 to 286; or
      1. a direction given under any of sections 300, 301, 304, and 305; or
        1. an improvement notice issued by a food safety officer under section 302; or
          1. a requirement imposed by a food safety officer under any of sections 301, 306, and 308; or
            1. a direction given by a food safety officer executing a search warrant; or
              1. a requirement imposed by a food safety officer executing a search warrant.

                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 a defence 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 $300,000:
                  1. for an individual, to a fine not exceeding $50,000.