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

283: Give directions to impose movement or related controls

You could also call this:

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

Illustration for Food Act 2014

The chief executive can give you a direction if they think food or something that may become food does not meet the requirements of the Food Act 2014. This can happen if they suspect the food is not safe or if there is a hazard that could affect the food. The chief executive can give you a direction to control the movement of food or things that may become food.

The direction can impose controls on many things, including activities, areas, and food-related accessories. It can also control conveyances, craft, food, and things that may become food. The chief executive can restrict the movement, sale, production, or processing of food or require specific actions to be taken.

The direction must say what the suspected problem is. It can specify the problem by referring to a particular thing, place, or person. The chief executive can also require you to keep information and provide reports about the direction. You may need to notify the chief executive when the problem has been identified or fixed.

The chief executive can approve a system to give directions automatically when a specific problem occurs. If you are given a direction, you must follow it to keep people safe. The chief executive can look at information and documents to make sure you are following the direction, and Subpart 5 of Part 4 of the Search and Surveillance Act 2012 applies to any information or document required to be produced under this section.

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 It might be out of date or be missing some parts.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=DLM2996412.

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

282: Give directions to complete and supply declarations, or

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

Next

284: Give directions to recall food or food-related accessory, or

"The boss of a food safety group can order you to remove unsafe food or accessories from sale to keep people safe."

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

283Give directions to impose movement or related controls

  1. The chief executive may give a direction described in subsection (2) to the persons described in section 280 if he or she reasonably suspects—

  2. that food or any thing that may become food does not comply with an applicable requirement of this Act; or
    1. the existence of a hazard or a source of contamination that may affect food or any thing that may become food.

      1. The direction must impose movement or related controls to determine, minimise, manage, or control the risk to human life or public health created by the suspected non-compliance or suspected existence of the hazard or the source of contamination.

      2. The controls may be imposed on all or any of the following:

      3. activities:
        1. areas:
          1. food-related accessories:
            1. conveyances:
              1. craft:
                1. food:
                  1. any thing that may become food:
                    1. food businesses:
                      1. vehicles:
                        1. anything else that the chief executive suspects relates to the suspected non-compliance or he or she suspects is the suspected hazard or the source of suspected contamination.

                          1. The controls on those things described in subsection (3) may do all or any of the following in relation to food or any thing that may become food:

                          2. restrict its movement, sale, production, or processing and handling:
                            1. apply conditions to its movement, sale, production, or processing and handling:
                              1. prohibit its movement, sale, production, or processing and handling:
                                1. require the taking of specific actions such as sampling and testing to determine the risk (if any) to human life or public health:
                                  1. require the taking of specific actions to minimise, manage, or control the risk to human life or public health:
                                    1. do anything else that is necessary to achieve the purpose described in subsection (2).

                                      1. The directions must specify the suspected non-compliance, hazard, or source of contamination.

                                      2. The directions may specify the suspected non-compliance, hazard, or source of contamination by any means, including by reference to—

                                      3. a thing described in subsection (3); or
                                        1. a place (where, for example, there may be contamination from the land or the environment); or
                                          1. a particular person or food business or a specified class of food business (where, for example, the contamination may have been caused by a human act or omission).

                                            1. The directions may—

                                            2. direct the keeping of information about the matters that are the subject of the directions; and
                                              1. direct the provision of reports about matters that are the subject of the directions; and
                                                1. require the person to whom the directions are given to notify the chief executive when—
                                                  1. the non-compliance, hazard, or source of contamination has been identified; or
                                                    1. the non-compliance, hazard, or source of contamination has been minimised or removed; or
                                                      1. no non-compliance, hazard, or source of contamination has been identified.

                                                      2. The chief executive may approve a system under section 291 for giving directions under this section automatically when a specific occurrence indicates that controls are needed to minimise the risk created by the suspected non-compliance or the suspected existence of a specific hazard or a specific source of contamination.

                                                      3. 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.