Food Act 2014

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

255: Defence in prosecution of importer, producer, processor and handler, manufacturing rights owner, or packer

You could also call this:

"Defending yourself if you're accused of breaking food safety rules as a food importer, producer, or seller"

If you are being prosecuted under the Food Act 2014, you have some defences. You can use these defences if you are an importer, producer, processor, handler, manufacturing rights owner, or packer. You can defend yourself if you can prove you did not do anything wrong when the food left your possession.

If someone says the food was in bad condition, you can defend yourself if you can prove the food was okay when it left your possession. You must prove the food was in good condition when you packed it and it left your possession. This defence is explained in more detail in section 248(4) to (6).

If someone says the food is not safe to eat, you can defend yourself if you told the person you gave the food to that it was not for human consumption. You must have given them this notice before or when you gave them the food.

If someone says the label or package on the food is wrong, you can defend yourself if you can prove someone else changed the label or package after it left your possession.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996375.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

254: Defence in prosecution of body corporate, principal, or individual for action of director, agent, or employee, or

"You're not guilty if someone working for you did something wrong and you tried to stop them."

256: Employees and agents have same defences, or

"Workers have the same rights to defend themselves as their bosses under the Food Act 2014."

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

255Defence in prosecution of importer, producer, processor and handler, manufacturing rights owner, or packer

This section applies when a defendant's liability to prosecution arises under section 248(4) to (6).
In a prosecution relating to the condition of food, the defendant has a defence if the defendant proves that the food was in a condition that would not have given rise to the offence when the package in which the food was packed left the defendant's possession.
In a prosecution relating to the safety of food, the defendant has a defence if the defendant proves that, when or before the food left the defendant's possession, the defendant gave notice to the person to whom the defendant consigned or delivered the food that it was not intended for human consumption.
In a prosecution relating to a label or package, the defendant has a defence if the defendant proves that the offence with which the defendant is charged arises from an alteration made to the label or package after the label or package left the defendant's possession.