Plain language law

New Zealand law explained for everyone

Food Act 2014

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

282: Give directions to complete and supply declarations

You could also call this:

"Tell the boss about the food you're giving away or moving"

Illustration for Food Act 2014

The chief executive can tell you to fill out and give them a declaration. This declaration is about food that will be owned by someone else or moved to a new place. You have to give the chief executive this declaration if you have food that someone else will own or if you move the food to a new place.

The chief executive can ask you to put certain information in the declaration. This information is about the food's history, like who owned it before or where it was kept. It can also be about what was used on the food, like medicines or special compounds, as defined in the Agricultural Compounds and Veterinary Medicines Act 1997.

The chief executive can also ask for information about what the animal that produced the food was fed. They can ask if the food might have been exposed to hazards or if any tests were done on it. They can ask where the food is being moved from and to, and who the old and new owners are.

The chief executive can tell you to give the declaration to the person getting the food or to keep it for up to four years. When deciding whether to ask for a declaration, the chief executive thinks about keeping people who eat food safe and following international standards. If you have to give the chief executive information or documents, Subpart 5 of Part 4 of the Search and Surveillance Act 2012 applies, which is about privilege and confidentiality.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996410.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
Previous

281: Give general directions to operators and other persons required to comply with Act, or

"The boss can tell you what to do to follow the food safety rules."

Next

283: Give directions to impose movement or related controls, or

"The government can give orders to control food movement if it's not safe or might make people sick."

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

282Give directions to complete and supply declarations

  1. The chief executive may give a direction described in subsection (2) to the persons described in section 280.

  2. The direction must be about requiring the person to complete and supply a declaration if—

  3. there is to be a change of ownership of any food or anything that may become food (food in question); or
    1. the food in question is to be moved to a new property or a new place.

      1. The chief executive may require the declaration to contain all or any of the following information:

      2. matters relating to the history of the food in question, including, if appropriate,—
        1. identification or details of any owner or previous owner of the food in question, or any person who presented or supplied it to the person required to make the declaration:
          1. identification or details of the area or place where the food in question was kept or was taken, harvested, or procured, and any surrounding area or place at which it was stored:
          2. matters relating to treatments or applications applied by way of veterinary medicines or agricultural compounds (as those terms are defined in section 2 of the Agricultural Compounds and Veterinary Medicines Act 1997) during production of the food in question:
            1. information relating to the feeding of an animal, if the food in question contains an animal product:
              1. information relating to the possible exposure of the food in question to hazards:
                1. information relating to any movement or related controls imposed in respect of the food in question:
                  1. the status of the food in question in relation to any testing performed:
                    1. the place the food in question is being moved from, the place it is being moved to, and any previous place it has been moved from:
                      1. matters relating to the transport or movement of the food in question:
                        1. the existing owner and new owner of the food in question:
                          1. any other matter necessary or relevant to establishing the safety and suitability of the food in question for human consumption.

                            1. The chief executive may require the declaration—

                            2. to accompany the food in question, or be provided to the recipient or new owner of the food in question by post, fax, email, or other appropriate means:
                              1. to be kept by all or any of the supplier, recipient, or new owner of the food in question for a period of up to 4 years.

                                1. In considering whether to give a direction under this section, the chief executive must have regard to the following matters:

                                2. the need to protect the health of consumers of food:
                                  1. the desirability of maintaining consistency between New Zealand food standards and any relevant standards, requirements, or recommended practices that apply or are accepted internationally.

                                    1. Subpart 5 of Part 4 of the Search and Surveillance Act 2012 (privilege and confidentiality) applies to any information or document required to be produced under this section.