Food Act 2014

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

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

You could also call this:

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

The chief executive can tell you to do certain things with food or food-related accessories that are not safe. They can do this if they think the food or accessory might harm someone. The chief executive can give you these directions if you are someone described in section 280.

When deciding whether to give you these directions, the chief executive can consider information they got from other countries or organisations. The directions might tell you to recall food or accessories that are not safe, or that might have contaminated food.

The chief executive can also tell you to take the recalled food or accessories to a specific place, or to a place you agree on with them. If you do not follow the directions, the chief executive can take control of the food or accessories and make you pay for the costs. The chief executive can still publish a statement about the food or accessories under section 289, even if they give you directions. They can also give you other directions under section 285 if needed.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996413.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

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."

285: Give directions to manage food or food-related accessory, or

"The boss of a food safety team can tell you what to do with unsafe food or accessories"

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

284Give directions to recall food or food-related accessory

The chief executive may give the directions described in subsection (3) to the persons described in section 280 for the purpose of examining, rectifying, controlling, or disposing of food or a food-related accessory.
In determining whether to give the directions, the chief executive may take into account any relevant information or warnings about food or a food-related accessory that he or she has received from an international organisation or authority.
The directions are—
to recall food or a food-related accessory that is not safe or suitable or whose safety or suitability is in doubt:
to recall a food-related accessory that has, or for which there is doubt about whether it has, contaminated food or caused food to be no longer safe or suitable:
to recall a food-related accessory if there is doubt about whether it may contaminate food:
to recall food or a food-related accessory that is mislabelled or incorrectly identified:
to take food or a food-related accessory recalled under any of paragraphs (a) to (d) to—
1. a place specified in the directions; or
2. a place agreed to between the chief executive and the person to whom the directions are given.

The directions may also specify any directions that may be given under section 285, as appropriate.
If a person to whom a direction is given under this section fails or refuses to comply with the direction, the chief executive may—
take any reasonable steps necessary to ensure control of the food or food-related accessory (including entry by food safety officers to a place under a warrant); and
recover the costs and expenses reasonably incurred in assuming control of the food or food-related accessory as a debt due from that person.

This section does not affect the chief executive's power to publish a statement under section 289.