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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

308: Other powers

You could also call this:

"What extra powers do food safety officers have to keep food safe?"

Illustration for Food Act 2014

A food safety officer can ask you about a document that relates to the Food Act 2014. You might be asked for information if you have food for sale or for delivery. The officer can ask for your name, address, phone numbers, date of birth, and occupation.

If the officer thinks someone is breaking the Food Act 2014 rules, they can question that person or others at a reasonable time. The officer can ask for answers and explanations about food, records, or other things related to food trade. You will have to provide the information the officer asks for.

The officer can also stop someone from entering a certain place. There are rules about keeping some information private, which are explained in the Search and Surveillance Act 2012. These rules apply when a food safety officer asks you for information or documents.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996438.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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307: Power to restrict use of or close place, or

"Stopping a place from being used if it doesn't follow food safety rules"

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309: Means of exercising powers in sections 299 to 308, or

"How food safety officers use their powers to check food places"

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

308Other powers

  1. A food safety officer may ask about a document relating to the applicable requirements of this Act.

  2. An officer may require a person in possession of food for sale, or for delivery, to state—

  3. the person's full name and full address; and
    1. the person's telephone numbers; and
      1. the person's date of birth; and
        1. the person's occupation; and
          1. the full name and full address of the person from whom the food was obtained, if that person is known; and
            1. whether the person is employed or self-employed, and (if an employee) the name of the person's employer.

              1. An officer may exclude a particular person from all or part of a place.

              2. Subsection (5) applies if a food safety officer believes on reasonable grounds that a person is committing or has committed an offence against this Act.

              3. If this subsection applies, a food safety officer may at any reasonable time—

              4. question the person believed to be committing or to have committed an offence or any other person; and
                1. require the person being questioned to provide an answer, including any explanation or information concerning any food or food-related accessory or any place, record, document, or thing relating to trade in any food.

                  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.