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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Powers and duties of food safety officers

301: Powers of examination, identification, and rectification, and associated detention powers

You could also call this:

"Food safety officers can check food, stop it being sold, and ask for changes to be made to keep people safe."

Illustration for Food Act 2014

If you are a food safety officer, you can examine anything related to food. You can look at how food is made, stored, or sold. If you think a container has food or something related to food in it, you can open it or ask the owner to open it. You can identify food or things related to food and ask the person in charge to keep it in a certain place until you say what to do next.

You can use a reasonable way to identify or mark food or things related to food. If you need to, you can secure food or things related to food by marking them or using another method. You can also hold them at a certain place and tell the owner not to sell or use them until you get the results of tests or until any necessary fixes are made.

If you think food or something related to food is not safe or does not meet the rules of the Food Act 2014, you can require the owner to fix it. This applies to food that is imported, being held before export, or is a food-related accessory. You can ask the owner to make changes so the food or accessory meets the rules and is safe to eat or use.

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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=DLM2996433.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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300: Information powers and evidence gathering, or

"Food safety officers can collect information and documents to help keep food safe"

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302: Power to issue improvement notice, or

"What happens if you get a notice to fix a food safety problem"

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Powers and duties of food safety officers

301Powers of examination, identification, and rectification, and associated detention powers

  1. A food safety officer may examine every thing, process, or operation.

  2. If an officer reasonably believes that any container, package, or other thing contains food or a food-related accessory, the officer may—

  3. open the container, package, or other thing; or
    1. direct the owner, person in charge, or importer of the container, package, or other thing, or the owner or occupier of the place where it is, to open it.

      1. An officer may identify food or a food-related accessory and require the person in charge to hold it, until a further lawful direction of the officer,—

      2. at the place where the food or food-related accessory is; or
        1. at any other reasonable place that the officer specifies.

          1. An officer may use, or require the use of, a reasonable means to identify or mark food or a food-related accessory.

          2. An officer may do the following to food or a food-related accessory:

          3. secure it by—
            1. marking it; or
              1. using some other means; and
              2. hold it at a place; and
                1. direct its owner not to trade in it or use it until—
                  1. the results of testing are available; or
                    1. necessary remedial action has been completed.

                    2. An officer may require that food, imported food, food that is being held before export, or a food-related accessory be rectified if the officer reasonably believes that it—

                    3. is not safe and suitable; and
                      1. does not comply with the applicable requirements of this Act.