Food Act 2014

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

288: Service of directions under sections 281 to 286

You could also call this:

"How the government tells you to follow food safety rules"

Illustration for Food Act 2014

When the chief executive gives a direction under sections 281 to 286 of the Food Act 2014, this section applies. You will get the direction if it is delivered to you in person by a food safety officer, or delivered to your home or business. It can also be sent to you by fax, email, or post to your home or business, or you can be told about it through a newspaper, trade journal, or the Ministry's Internet site, as referred to in the sections 281 to 286 of the Food Act 2014.

If the direction is for a group of people, it can be given to each person in the group in the same ways as for one person. The direction can also be published in a newspaper or on the Ministry's Internet site, so everyone in the group knows about it. If the direction is for a government department or local council, it is given to the person in charge of the organisation.

The direction starts to apply when it is given to you, or when it is published and made available to everyone. If the direction is for a group, it starts to apply when everyone in the group has been told, or the next day after it is published.

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

288Service of directions under sections 281 to 286

  1. This section also applies to a direction given by the chief executive under any of sections 281 to 286.

  2. A direction addressed to a person is sufficiently served if it is—

  3. delivered personally to the person by a food safety officer; or
    1. delivered to the person at the person's usual or last-known place of residence or business; or
      1. sent by fax or email to the person's last known fax number or email address; or
        1. posted in a letter addressed to the person at the person's usual or last known place of residence or business.
          1. A direction addressed to a class of persons is sufficiently served if it is—

          2. served on each of the persons in the class in accordance with subsection (2); or
            1. published both—
              1. in a daily newspaper or trade journal or in any other news media that, in the opinion of the chief executive, will be most likely to bring the direction to the attention of the persons who belong to the class; and
                1. on the Ministry's Internet site.
                2. A direction addressed to a department of State or local authority is sufficiently served if it is served on the chief executive (however described) of the organisation in accordance with subsection (2).

                3. A direction served in accordance with subsection (2) takes effect when it is served.

                4. A direction served in accordance with subsection (3)(a) takes effect when it is served on all the persons in the class in question.

                5. A direction served in accordance with subsection (3)(b) takes effect at the beginning of the day after the date on which subsection (3)(b) has been complied with.