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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Rights of access of verifiers, verification agencies, recognised persons, and recognised agencies

294: Rights of access and related powers and duties of verifiers and verification agencies

You could also call this:

"Letting food safety checkers into your workplace to ensure you're following the rules"

Illustration for Food Act 2014

If you run a food business, you must let a verifier or verification agency into your workplace. They need to check that you are following the food safety rules. You have to give them access to your workplace, documents, and food.

When a verifier or verification agency comes to your workplace, they usually have to tell you they are coming. They also have to show you their identification when they arrive. But sometimes they might not tell you they are coming if it's a surprise visit.

A verifier or verification agency can open packages of food to check what's inside. They can also mark food or packages so they can keep track of them. If they need help, they can ask you or someone else to assist them.

If you help a verifier or verification agency, you are protected from getting in trouble for anything that happens while you are helping. You must follow their instructions and do what they say in good faith. Some rules from the Search and Surveillance Act 2012 apply when a verifier or verification agency asks for information or documents.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996427.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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295: Rights of access and related powers and duties of recognised persons and recognised agencies, or

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Rights of access of verifiers, verification agencies, recognised persons, and recognised agencies

294Rights of access and related powers and duties of verifiers and verification agencies

  1. The operator of a food business that is operating under a risk-based measure must provide a verifier or verification agency with the following:

  2. reasonable access to the places covered by the risk-based measure that is being verified; and
    1. reasonable access to the risk-based measure; and
      1. reasonable access to information about the risk-based measure; and
        1. reasonable access to documents that are required to be kept under the risk-based measure; and
          1. reasonable access to food and to food-related accessories that are used in connection with the risk-based measure or that ought to be used in connection with the risk-based measure.

            1. The following duties apply:

            2. a verifier or verification agency must give the operator reasonable notice of the verifier’s or verification agency’s intention to carry out the verification; and
              1. the verifier or each person authorised by the verification agency to carry out the verification must identify himself or herself on entry to the place and when asked at any time by any person at the place.

                1. A verifier or verification agency is not required to comply with subsection (2)(a) if giving notice would defeat the purpose of the particular visit.

                2. A verifier or verification agency may do 1 or both of the following if necessary for the purpose of the verification:

                3. open food-related accessories, such as containers and packages, used in connection with the risk-based measure and verify their contents:
                  1. identify or mark food and food-related accessories.

                    1. A verifier or verification agency may ask an operator or another person for assistance in carrying out a verification.

                    2. A person providing assistance under subsection (5) is protected from civil and criminal liability for an act that the person does or omits to do—

                    3. under the supervision of, and as instructed by, the verifier or verification agency; and
                      1. in good faith.

                        1. Subpart 5 of Part 4 of the Search and Surveillance Act 2012 (privilege and confidentiality) applies to any information or document required to be produced under this section.

                        Notes
                        • Section 294 heading: replaced, on , by section 30(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 294(1): amended, on , by section 30(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 294(2): replaced, on , by section 30(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 294(3): amended, on , by section 30(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 294(4): amended, on , by section 30(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 294(5): amended, on , by section 30(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 294(6)(a): amended, on , by section 30(4) of the Food Safety Law Reform Act 2018 (2018 No 3).