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Food Act 2014

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

244: Offence involving breaching or failing to comply with requirement

You could also call this:

"Breaking a food safety rule is an offence and can result in a fine."

Illustration for Food Act 2014

If you break or do not follow a rule in the Food Act 2014, you commit an offence. This rule can be something in the Act itself, or in regulations made under the Act, or in a notice given under the Act, or any other requirement under the Act. You can commit an offence even if you did not mean to.

If someone takes you to court for breaking a rule, they do not have to prove that you meant to break it. There are some defences to this offence, which are explained in Sections 251 and 253.

If you are found guilty of breaking a rule, you can get a fine. If you are a company, the fine can be up to $20,000, and if you are an individual, the fine can be up to $5,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996360.

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

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245: Liability of body corporate, or

"When a company breaks a food rule, it's guilty if someone in the company meant to do it"

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

244Offence involving breaching or failing to comply with requirement

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

  2. a requirement in this Act; or
    1. a requirement in regulations made under this Act; or
      1. a requirement in a notice given under this Act; or
        1. any other requirement under this Act.

          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. Sections 251 and 253 contain 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 $20,000:
            1. for an individual, to a fine not exceeding $5,000.