Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Appointments by chief executive

276: Appoint food safety officers

You could also call this:

"The boss can choose someone to help keep food safe, and give them special jobs and powers."

The chief executive can appoint someone as a food safety officer to help with the Food Act 2014. You can be a food safety officer even if you do not work for the government. The chief executive decides what tasks and powers the food safety officer has. The chief executive can also add conditions to the appointment. If you are a food safety officer, you cannot give your tasks or powers to someone else.

If you are appointed as a food safety officer but do not work for the government, you do not become a government employee just because of this appointment, according to the Public Service Act 2020 or the Government Superannuation Fund Act 1956. When a food safety officer gets information while doing their job, the Official Information Act 1982 applies to the organisation they work for and the information they have, as if the organisation was listed in Schedule 1 of that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996402.


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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Appointments by chief executive

276Appoint food safety officers

  1. The chief executive may appoint a person as a food safety officer for the purposes of this Act, whether or not the person is employed in the State sector.

  2. The officer’s appointment document may authorise the officer to perform all the functions and duties, and exercise all the powers, that this Act confers on food safety officers.

  3. Alternatively, the officer’s appointment document may specify the particular functions and duties that the officer may perform and the particular powers that the officer may exercise.

  4. The chief executive may impose written conditions on the appointment of a food safety officer.

  5. Food safety officers must not delegate any of their functions, duties, or powers.

  6. A person appointed as a food safety officer who is not already a State sector employee does not become a State sector employee for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956 only because of the appointment.

  7. If a food safety officer who is not employed in the State sector or by a territorial authority receives information in the course of performing his or her functions or duties under this Act, the Official Information Act 1982 applies in relation to—

  8. the organisation that employs the food safety officer as if it were an organisation listed in Schedule 1 of that Act; and
    1. the information as if it were held by the organisation.
      Notes
      • Section 276(6): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).