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Food Act 2014

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

292: Chief executive may require information from operator to determine safety and suitability of food

You could also call this:

"The boss of a food safety team can ask food sellers for information to ensure food is safe to eat."

Illustration for Food Act 2014

The chief executive can ask a food business operator for information if they think it's needed to keep food safe. You might be asked for information about the food itself, or things used to make or handle food. The chief executive can also ask to copy this information, and if they certify the copy is correct, it's assumed to be true unless proven otherwise.

If the chief executive asks for information, it's like they're investigating to make sure food is safe for people to eat. They can send a food safety officer to get the information, and they can make a copy of it.

The rules about keeping things private, found in Subpart 5 of Part 4 of the Search and Surveillance Act 2012, apply when the chief executive asks for information or makes a copy of it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996424.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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292A: Chief executive may require information to determine safety of food, or

"The boss of food safety can ask for information to make sure food is safe to eat."

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

292Chief executive may require information from operator to determine safety and suitability of food

  1. This section applies if the chief executive reasonably suspects that an operator of a food business has any information described in subsection (2) that the chief executive considers is necessary for the purpose of determining the safety and suitability of food to protect human life or public health.

  2. The information referred to in subsection (1) is information about—

  3. food or anything that may become food, or anything that has become food; or
    1. a food-related accessory used in producing or processing and handling food for sale; or
      1. any place used for the production, processing and handling, or sale of food.

        1. The chief executive may—

        2. require the operator of the food business to produce the information to the chief executive or a food safety officer; and
          1. copy the information or require a food safety officer to copy the information.

            1. A copy made under subsection (3), certified by the chief executive or the food safety officer as a true and correct copy, is presumed to be a true and correct copy, until the contrary is proved.

            2. Subpart 5 of Part 4 of the Search and Surveillance Act 2012 (privilege and confidentiality) applies to requirements made, and the copying of information, under this section.

            Notes
            • Section 292 heading: replaced, on , by section 27 of the Food Safety Law Reform Act 2018 (2018 No 3).