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Food Act 2014

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

272: Order to withdraw material

You could also call this:

"Stop using incorrect food labels or ads"

If you import, produce, process, handle, or sell food or food-related accessories and you are found guilty of breaking the Food Act 2014 rules about advertisements, labels, or packages, this section applies to you. The court can tell you to stop using certain advertisements, labels, or packages until the problem is fixed or until the court says otherwise. You have to stop using these advertisements, labels, or packages.

If the chief executive thinks the problem has not been fixed, they must tell you why and let you know you can ask for a review under section 355. The chief executive will give you notice of their decision and your right to review. You will have to follow the rules and withdraw the advertisements, labels, or packages as ordered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996395.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesBusiness > Fair trading
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271: Order to forfeit and dispose of food or food-related accessory, or

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

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273: Order to restrict or prohibit trading in food, or

"Stopping someone from selling food if they break food safety laws"

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

272Order to withdraw material

  1. This section applies to a person who—

  2. imports, produces, processes and handles, or sells food or food-related accessories; and
    1. is convicted of an offence against this Act in relation to advertisements, labels, or packages.

      1. The court may order the person to withdraw from use all advertisements, labels, or packages of the same kind until the chief executive is satisfied that the problem that resulted in the conviction has been remedied or until further order of the court.

      2. The chief executive must give the person concerned notice of his or her reasons for concluding that the problem has not been remedied and of the right of review under section 355.

      3. The person must withdraw the advertisements, labels, or packages.