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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

312: Power to test samples of food or examples of food-related accessories

You could also call this:

"Food safety officers can take and test food samples to check they are safe"

Illustration for Food Act 2014

If you are a food safety officer, you can get a sample of food or a food-related accessory in certain ways. You can get it under section 304, or from someone who has complained about the food or accessory. You can then test the sample or arrange for it to be tested. You can also ask the owner or person in charge to arrange for the testing and give you the results.

If you get a sample, the owner or person in charge must pay for the costs of taking and testing it. They will not get any money back for losses if the sample was taken and tested in a reasonable way. This applies to the owner or person in charge of the food, accessory, or place where the sample was taken.

You can find more information about how you can get a sample under section 304.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996442.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Powers and duties of food safety officers

312Power to test samples of food or examples of food-related accessories

  1. This section applies to a food safety officer who acquires a sample of food or an example of a food-related accessory—

  2. under section 304; or
    1. from a member of the public who has complained about the food or food-related accessory.

      1. The officer may—

      2. test the sample or example; or
        1. arrange for the testing of the sample or example; or
          1. require the owner, person in charge, or importer of the food or food-related accessory, or the owner or occupier of the place, to—
            1. arrange for the testing of the sample or example; and
              1. provide the results to the officer.

              2. The owner, person in charge, or importer of the food or food-related accessory, or the owner or occupier of the place from which the sample or example was acquired,—

              3. must pay the costs reasonably incurred in taking the sample or example and testing it; and
                1. is not entitled to compensation for losses resulting from the taking or testing of a sample or example if the taking or testing was reasonable and was done in a reasonable manner.