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Food Act 2014

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

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

You could also call this:

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

Illustration for Food Act 2014

The chief executive can give you directions about how to manage food or food-related accessories. This can happen if the chief executive suspends or cancels a food business or control plan, or if they think the food is not safe. The chief executive can give directions to people mentioned in section 280. You might need to follow these directions if the chief executive has already taken action against your food business.

The directions can be about what to do with the food or accessory, such as classifying, condemning, or destroying it. The chief executive can also tell you to process, handle, or store the food in a certain way. You might need to re-label, re-export, or re-process the food, or take samples for testing. The chief executive can give these directions if they have suspended or cancelled a food control plan under sections like section 62, or if they have recalled food under section 284.

The chief executive can also give directions if they think the food is not safe, or if they have already given a direction under section 283 and need more controls. You can find more information about this in other sections, such as sections 65, 69, 93, 97, 125, 129, and 284.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996414.

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Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Directions by chief executive

285Give directions to manage food or food-related accessory

  1. The chief executive may give the directions described in subsection (2) to the persons described in section 280 if the chief executive—

  2. suspends operations under a registered food control plan under section 62; or
    1. extends the period of a suspension under section 63, 91, or 123; or
      1. accepts a voluntary suspension of a registered food control plan under section 64; or
        1. cancels the registration of a food control plan under section 67; or
          1. removes a food business from the coverage of a registered food control plan under section 70; or
            1. accepts a surrender of registration of a registered food control plan under section 71; or
              1. suspends operations of a registered food business that is subject to a national programme under section 90; or
                1. accepts a voluntary suspension of the operations of a registered food business that is subject to a national programme under section 92; or
                  1. cancels the registration of a food business that is subject to a national programme under section 95; or
                    1. accepts a surrender of registration of a food business that is subject to a national programme under section 98; or
                      1. suspends a registered importer's operations under section 122; or
                        1. accepts a voluntary suspension under section 124; or
                          1. cancels the registration of an importer under section 127; or
                            1. accepts a surrender of an importer's registration under section 130; or
                              1. reasonably believes that food or a food-related accessory that is already the subject of a direction under section 283 is not safe or suitable and further controls are required; or
                                1. recalls food or a food-related accessory under section 284.

                                  1. The directions must be about doing any of the following to the food or food-related accessory:

                                  2. classifying it:
                                    1. condemning it:
                                      1. destroying it:
                                        1. disposing of it:
                                          1. identifying it:
                                            1. processing and handling it:
                                              1. reclassifying it:
                                                1. relabelling it:
                                                  1. re-exporting it:
                                                    1. reprocessing it:
                                                      1. regrading it:
                                                        1. rectifying it:
                                                          1. sampling it:
                                                            1. storing it:
                                                              1. transporting it:
                                                                1. testing it:
                                                                  1. verifying it.

                                                                    1. See also sections 65, 69, 93, 97, 125, 129, and 284.