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Food Act 2014

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

242: Offence involving breaching or failing to comply with order

You could also call this:

"Breaking or not following a food safety order is against the law"

Illustration for Food Act 2014

If you break or do not follow an order made under sections like section 272, 273, 334, 335, or 337(6)(a), you commit an offence. You also commit an offence if you fail or refuse to make property available to the Crown as required by section 271(6).

When someone is taken to court for this offence, they do not have to have meant to commit the offence for them to be found guilty. There is a defence to this offence, which is explained in section 251.

If you are found guilty of this offence, you can be fined: a company can be fined up to $300,000, and an individual can be fined up to $75,000. If someone appeals an order made under these sections, the court can delay the order or give other temporary relief until the appeal is decided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996359.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesCrime and justice > Criminal law
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"Breaking food safety rules is an offence"

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243: Offence involving breaching or failing to comply with food standard, etc, or

"Breaking food safety rules is against the law and can result in a fine"

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

242Offence involving breaching or failing to comply with order

  1. A person commits an offence if the person breaches or fails to comply with an order made under any of sections 272, 273, 334, 335, and 337(6)(a).

  2. A person commits an offence if the person fails or refuses to make property available to the Crown in accordance with section 271(6).

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

  4. Section 251 contains a defence to a prosecution for an offence against this section.

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

  6. for a body corporate, to a fine not exceeding $300,000:
    1. for an individual, to a fine not exceeding $75,000.

      1. If an order is made under any of sections 272, 273, 334, 335, and 337(6)(a) and an appeal is filed in any court against the making of the order, the court appealed to may grant a stay of proceedings or any other interim relief in respect of the operation of the order as it thinks fit pending the determination of the appeal by that court.