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Food Act 2014

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

245: Liability of body corporate

You could also call this:

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

Illustration for Food Act 2014

When a company is charged with breaking a rule in the Food Act 2014, you need to figure out if the company meant to do it. You have to show the company's state of mind to prove they are guilty. This can be done by showing one of the company's directors, employees, or agents had the state of mind.

If someone in the company, like a director or employee, did something on purpose, you can say the company did it on purpose too. This is because the person was acting for the company when they did it. You just need to show that the person was doing their job when they did it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996362.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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244: Offence involving breaching or failing to comply with requirement, or

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

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246: Liability of body corporate, principal, or individual, or

"Being in charge means you're responsible for what others do"

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

245Liability of body corporate

  1. This section applies when—

  2. a body corporate is charged with an offence against this Act; and
    1. for the purpose of the prosecution, it is necessary to establish the body corporate’s state of mind.

      1. It is sufficient to show that a director, an employee, or an agent of the body corporate, acting within the scope of his or her actual or apparent authority, had the state of mind.