Food Act 2014

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

304: Powers to take, purchase, and sample

You could also call this:

"Food safety officers can take or buy food and labels to check they are safe"

If you are a food safety officer, you can buy or take advertisements or labels that you think are used to sell food or food-related accessories. You can also buy food or take a sample of it. If the food is in a sealed package, you can ask the owner to open it so you can take a sample.

You can buy a food-related accessory, take an example of it, or take a swab of it. You can also take a sample of anything that has come into contact with food or a food-related accessory. If you want to take a sample, you can ask the owner to do it for you.

When you take a sample or buy food, you must tell the owner if you plan to use the power in section 312. However, just because you say you will use this power, it does not mean you have to do it.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996434.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

303: Review of improvement notice, or

"What to do if you get a notice to fix a food safety problem and want it reviewed"

305: Power to interrupt operations and give certain directions, or

"Food safety officers can stop or limit food activities and give directions to fix problems"

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

304Powers to take, purchase, and sample

A food safety officer may buy or take advertisements or labels that the officer reasonably believes are intended for use in connection with the sale of food or a food-related accessory.
An officer may buy food.
An officer may take a sample of food.
An officer who wants to exercise the power in subsection (3) by taking a sample of food that is in an unopened package may direct the owner, person in charge, or importer of the food or food-related accessory, or the owner or occupier of the place where the food is, to open the package.
An officer may buy a food-related accessory.
An officer may take an example of a food-related accessory.
An officer may take a swab of a food-related accessory.
An officer may take a sample of any thing that is or has been or may be in contact with or in the vicinity of food or a food-related accessory.
An officer may direct the owner, person in charge, or importer of food or a food-related accessory, or the owner or occupier of the place where the food or food-related accessory is, to take a sample of the food or an example of the food-related accessory.
An officer who exercises the powers in any of subsections (2), (3), and (5) to (9) must tell the owner, person in charge, or importer of the food or food-related accessory, or the owner or occupier of the place where the food or food-related accessory is, whether or not the officer intends to exercise the power in section 312. However, having told the owner, person in charge, importer, owner of the place, or occupier of the place that the officer intends to exercise the power in section 312, the officer is not required to exercise the power.