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Food Act 2014

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

265: Presumption as to possession for sale

You could also call this:

"Having food at your shop or workplace means you're assumed to be selling it, unless you can prove otherwise."

Illustration for Food Act 2014

If you have food at a place where you sell food, or where you make, process, and handle food to sell, this law applies to you. You are assumed to have the food to sell to people, unless you can prove otherwise. This means you have to show that you did not have the food to sell, or the assumption will stand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996385.

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Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Presumptions

265Presumption as to possession for sale

  1. This section applies when food is found at a place a person uses for—

  2. the sale of food; or
    1. the production, processing and handling, and merchandising of food for sale.

      1. The food is presumed to be in the person’s possession for the purpose of sale for human consumption until the contrary is proved.