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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

309: Means of exercising powers in sections 299 to 308

You could also call this:

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

Illustration for Food Act 2014

If you are a food safety officer, you can use certain powers when you are checking food places. You can use these powers if you enter a place, as described in sections 299 to 308, or if you are already at the place.

You can also use these powers over the phone or internet if it is reasonable to do so. When you use these powers, you must try to contact the person in charge of the place and make sure they know you are a food safety officer.

You must also be reasonable about when and how you contact people, and make sure they understand what you are doing. There are also some rules from the Search and Surveillance Act 2012 that apply to how you use these powers, but there are some exceptions if the place is owned by the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996439.

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Health and wellbeing > Food and water safetyBusiness > Industry rulesCrime and justice > Police and safety
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"When food safety officers can enter places"

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

309Means of exercising powers in sections 299 to 308

  1. This section applies to the powers in sections 299 to 308.

  2. A food safety officer may exercise any of the powers if the officer enters a place, as described in section 310.

  3. An officer may exercise any of the powers if the officer has not exercised a power to enter a place but is at the place.

  4. An officer may exercise any of the powers by a telecommunication means if doing so is reasonable in the circumstances.

  5. An officer who intends to exercise a power under subsection (4) must—

  6. use the means only at a reasonable time; and
    1. make a reasonable effort to speak to the person in charge of the place where food or a food-related accessory is; and
      1. make a reasonable effort to ensure that the person to whom the officer is speaking understands that the officer is a food safety officer before the officer exercises the power.

        1. An officer may exercise any of the powers by an electronic means if doing so is reasonable in the circumstances.

        2. An officer who intends to exercise a power under subsection (6) must—

        3. make a reasonable effort to communicate with the person in charge of the place where food or a food-related accessory is; and
          1. make a reasonable effort to ensure that the person with whom the officer is communicating understands that the officer is a food safety officer before the officer exercises the power.

            1. Section 131 of the Search and Surveillance Act 2012 applies.

            2. An officer is not required to comply with section 131(1) of the Search and Surveillance Act 2012 if the place is an authorised place that is owned or occupied by the Crown.