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Food Act 2014

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

271: Order to forfeit and dispose of food or food-related accessory

You could also call this:

"When you break a food rule, the court can take away your food or food items and decide what happens to them."

Illustration for Food Act 2014

If you are found guilty of breaking a rule in the Food Act 2014, the court can make some decisions about the food or things related to food that were involved. Before the court makes a decision, you and anyone else who has an interest in the food or related things get to tell the court what you think. The court can then decide that the food or related things are taken away from you and given to the government or the local council that took you to court.

The court can also decide what happens to the food or related things, like how they should be disposed of. You might have to pay for the costs of getting rid of the food or related things. If the court orders you to pay, you have to pay it like you would pay a fine.

If the court decides that the food or related things are taken away from you, you have to give them to the government right away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996394.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesCrime and justice > Courts and legal helpCrime and justice > Criminal law
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270: Order to pay expenses, or

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

271Order to forfeit and dispose of food or food-related accessory

  1. This section applies to a person convicted of an offence against this Act.

  2. Before making an order under this section, the court must give the following persons an opportunity to be heard:

  3. the person convicted; and
    1. any other person who the court considers has an interest in the food or food-related accessory in relation to which the offence was committed.

      1. The court may order that—

      2. the following are forfeited to the Crown or to the territorial authority that brought the prosecution:
        1. all or some of the food or food-related accessories in relation to which the offence was committed that are in the possession of the person convicted:
          1. all or some of the food or food-related accessories in relation to which the offence was committed that were in the possession of the person convicted before being seized under this Act and are still in the custody of the court or the prosecuting body; and
          2. the food or food-related accessories must be disposed of as the chief executive or the territorial authority directs.

            1. The court may order the person convicted to pay all or any of the expenses incurred in disposing of food or food-related accessories under subsection (3)(b).

            2. An amount that the court orders to be paid under this section is recoverable in the same manner as a fine.

            3. A convicted person who is subject to an order under this section must, without delay, make the forfeited property available to the Crown for collection.