Food Act 2014

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

266: Presumption as to sample

You could also call this:

"How a food sample represents the rest of the food it comes from"

When you take a sample of food from a bigger amount, it must be done in a certain way. You have to take the sample from a specific amount of food, and you have to do it as the Food Act 2014 says. You also have to look at the sample in the way the Food Act 2014 says.

The sample is thought to be like the rest of the food it came from, until someone proves it is not. This means that if the sample is bad, it is assumed the rest of the food is bad too, unless someone can prove otherwise.

The sample is also thought to be like the rest of the food in the same batch, lot, or production run, until someone proves it is not.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM2996386.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

265: Presumption as to possession for sale, or

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

267: Presumption as to electronic identification, or

"When info seems to come from you electronically, it's assumed to be from you unless proven otherwise"

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

266Presumption as to sample

This section applies to a sample of food—
taken from an identified quantity of food; and
taken as required by a requirement of this Act; and
interpreted as required by a requirement of this Act.

The sample is presumed to be representative of the quantity of food from which the sample was taken until the contrary is proved.
The sample is also presumed to be representative of the batch, lot, or production run from which the identified quantity was taken until the contrary is proved.