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Food Act 2014

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

273: Order to restrict or prohibit trading in food

You could also call this:

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

Illustration for Food Act 2014

If you break a food safety law in New Zealand, you might get in trouble. You could be stopped from selling food or have limits on how you sell food. This can happen if you have broken food safety laws before.

The court can make rules about how you sell food or stop you from selling food altogether. You can ask the court to change or cancel these rules, but you have to follow the right process. You must tell the people in charge of food safety that you want to make a change.

When you ask the court to change or cancel the rules, they will think about what you did wrong and what you have done to fix the problem. They will also think about how you have behaved since the rules were made and what kind of person you are. The court can change the rules, cancel them, or say no to your request.

If the court says no, they might tell you when you can ask again. You can ask again after that date or if something important changes in your life.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996396.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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272: Order to withdraw material, or

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274: Sentencing criteria, or

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

273Order to restrict or prohibit trading in food

  1. This section applies when—

  2. a person is convicted of an offence against this Act; and
    1. the person has previously been convicted of an offence under the current or a former food safety regime or has previously been convicted outside New Zealand of an offence comparable to an offence under the current or a former food safety regime.

      1. This section also applies when—

      2. a person is convicted of an offence against this Act; and
        1. the court considers that the person’s trade in food should be restricted or prohibited because—
          1. the offence of which the person has been convicted is serious; or
            1. the person has breached a previous order under this section.

            2. The court may make—

            3. a restriction order, which specifies the ways in which the person is restricted in trading in food; or
              1. a prohibition order, which prohibits the person from trading in food.

                1. The following provisions apply if the person wants a restriction order or prohibition order cancelled:

                2. the person may apply to the court to cancel it:
                  1. the application must be served on the relevant registration authority:
                    1. an employee or agent of the relevant registration authority may appear and be heard to help the court to determine whether to grant the application.

                      1. The court may—

                      2. cancel the order from the date stated in the order; or
                        1. change the order from the date stated in the order; or
                          1. change a prohibition order to a restriction order; or
                            1. refuse the application, in which case the court may specify the earliest date upon which the person may make a further application for cancellation.

                              1. The court must take into account—

                              2. the nature of the offence of which the person was convicted; and
                                1. the steps taken (if any) to remedy the problem that resulted in the order; and
                                  1. the person’s conduct since the order was made; and
                                    1. the person’s character; and
                                      1. any other circumstances of the case.

                                        1. If the court changes the order or refuses the application, the person may apply for cancellation again—

                                        2. once the date that the court specified under subsection (5)(d) has passed; or
                                          1. once there has been a material change in the person's circumstances.