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Food Act 2014

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

291: Approvals by chief executive

You could also call this:

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

Illustration for Food Act 2014

The chief executive can approve things like documents, materials, or facilities if they are needed for the Food Act 2014. You might need an approved document or material to follow the rules of the Act. The chief executive can also approve people or groups of people to do certain jobs.

The chief executive must make sure that what they approve is safe and suitable for its purpose. They must also consider any rules made under section 386 when making their decision. This helps keep you and your food safe.

If the chief executive approves something, they can add conditions to the approval. For example, an approved laboratory might have to report certain test results. An approval usually lasts for up to three years, and the chief executive can give a new approval before the old one ends. They can also suspend or withdraw an approval by issuing a notice under section 405.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996422.

Topics:
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: Approvals by chief executive

291Approvals by chief executive

  1. This section applies if a requirement of this Act requires any of the following to be used:

  2. an approved document, material, or facility:
    1. an approved person or approved class of persons.

      1. The chief executive may approve—

      2. a document, material, or facility; or
        1. a person or a class of persons.

          1. Examples of the kinds of documents, materials, or facilities that the chief executive may approve are—

          2. compounds:
            1. devices:
              1. documents:
                1. equipment:
                  1. identification systems:
                    1. laboratories:
                      1. methodologies:
                        1. places:
                          1. sampling techniques:
                            1. security devices:
                              1. systems:
                                1. techniques.

                                  1. Before approving a document, material, or facility, the chief executive—

                                  2. must be satisfied that the document, material, or facility is appropriate, safe, and suitable for a purpose for which a requirement of this Act may require it to be used; and
                                    1. must take into account the criteria prescribed in regulations made under section 386, if there are any such regulations.

                                      1. Before approving a person or class of persons, the chief executive—

                                      2. must be satisfied that the person or class of persons has the competencies, training, qualifications, and experience that are suitable for a purpose for which a requirement of this Act may require the person or class of person to be used; and
                                        1. must take into account the criteria prescribed in regulations made under section 386, if there are any such regulations.

                                          1. The chief executive may give an approval under this section subject to conditions.

                                          2. In the case of an approved laboratory, a condition may include reporting requirements relating to certain test results (including specified contaminants in food).

                                          3. An approval must end within 3 years from the date of approval.

                                          4. The chief executive gives approval by issuing a notice under section 405.

                                          5. The notice must state—

                                          6. any conditions subject to which the approval is given; and
                                            1. the date on which the approval ends.

                                              1. Before an approval ends, the chief executive may issue a new notice under section 405 approving the document, material, or facility or the persons or class of person for a period of up to 3 years.

                                              2. The chief executive may suspend or withdraw an approval by issuing a notice under section 405.

                                              3. For the purposes of subsection (12), Parts 3 and 4 of Schedule 4 apply to the suspension or withdrawal of approval to the extent that they are relevant and with all necessary modifications.