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Food Act 2014

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

290: Give statement about compliance with New Zealand requirements

You could also call this:

"Get a statement saying your food meets New Zealand's safety rules"

Illustration for Food Act 2014

The chief executive can give you a statement about food that says it meets New Zealand requirements. This statement is about food produced or processed in New Zealand and says it is safe or suitable for its intended use. The chief executive can only give you this statement if you ask for it and pay any required fee.

You need to know the chief executive can decide what the statement looks like and what it says. The chief executive can take back the statement if it was given incorrectly or if something changes that makes the statement wrong. This statement does not promise the food will meet all the requirements of the person buying it.

The statement also does not guarantee the food will be allowed into another country or that it will be safe when it arrives. If another country does not allow the food in, the New Zealand government and its employees are not responsible for any losses. The chief executive's statement is not a guarantee that the food meets all the requirements of the country it is being sent to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996420.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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289: Publish privileged statements, or

"The boss of a government department can share important information to keep people safe and healthy, especially about food."

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291: Approvals by chief executive, or

"The boss of the food safety team can say yes to important things that help keep food safe."

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

290Give statement about compliance with New Zealand requirements

  1. This section applies to a written statement that—

  2. is about food produced or processed and handled in New Zealand; and
    1. is about a particular consignment of the food or a particular class of consignment of the food; and
      1. is to the effect that the food in the consignment or class—
        1. has been produced or processed and handled as required by the applicable requirements of this Act, to the extent to which they are relevant to the intended use of the food; or
          1. is safe or suitable, so far as is relevant to the intended use of the food; or
            1. has been subject to specified treatment.

            2. The chief executive may give a statement to a person if—

            3. the chief executive is satisfied that it is correct; and
              1. the person asks for it; and
                1. the person pays any fee prescribed for the giving of statements.

                  1. The chief executive may determine the form and content of the statement.

                  2. The chief executive may withdraw the statement at any time if satisfied that—

                  3. it was incorrectly or inappropriately given; or
                    1. events or circumstances occurring since it was given mean that—
                      1. it no longer applies; or
                        1. it is misleading.

                        2. The statement is not a guarantee that the food—

                        3. necessarily meets the commercial requirements of the consumer; or
                          1. necessarily meets the specific requirements of overseas markets; or
                            1. is safe and suitable on arrival in the overseas market.

                              1. The Crown, the chief executive, and the employees of the Ministry are not liable in any civil proceedings for loss arising because the relevant authority of an overseas market does not admit food about which the chief executive has given a statement to the market.