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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

319: Food or food-related accessory unable to be released

You could also call this:

"What happens to seized food that can't be returned"

Illustration for Food Act 2014

If a food safety officer seizes food or a food-related accessory under section 306 and cannot release it under section 316, something will happen to the food or accessory. You need to know that this happens when no one has applied to stop the seizure or all proceedings about it have finished. The food or accessory will become the property of either the Ministry or a territorial authority, depending on who the officer works for.

If the officer works for the Ministry, the food or accessory becomes the Ministry's property. If the officer works for a territorial authority, it becomes the authority's property. The food or accessory will be disposed of, and you will have to pay for it if you imported or owned it.

You will also have to pay for the costs of seizing, detaining, and disposing of the food or accessory. These costs can be recovered from you as a debt. If the officer does not know who you are, you will still have to pay if you had the food or accessory when it was seized.

In some cases, the chief executive may decide it is not fair to make you pay all the costs. If the officer works for a territorial authority, the authority can recover the costs and decide whether to waive the payment. The authority or someone they authorise can make this decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996452.

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

319Food or food-related accessory unable to be released

  1. This section applies when—

  2. a food safety officer has seized and detained food or a food-related accessory under section 306; and
    1. the officer cannot release the food or food-related accessory under section 316; and
      1. either—
        1. no one has applied for disallowance of the seizure and detention; or
          1. all proceedings about disallowance have been determined or the time for bringing them has ended.

          2. If the food safety officer had a contract of service or a contract for services with the Ministry at the time of the seizure and detention, the food or food-related accessory becomes the property of the Ministry.

          3. If the officer had a contract of service or a contract for services with a territorial authority at the time of the seizure and detention, the food or food-related accessory becomes the property of the territorial authority.

          4. The food or food-related accessory is disposed of at the cost of its importer or owner at the time it was seized.

          5. All costs reasonably incurred in the seizure, detention, and disposal—

          6. must be paid by the importer or owner before the disposal; and
            1. are recoverable from the importer or owner as a debt due to the Crown.

              1. If the officer does not know who the importer or owner is, the food or food-related accessory is disposed of at the cost of the person who possessed it at the time it was seized.

              2. The chief executive may waive the payment of all or any of the costs referred to in subsection (5) if he or she is satisfied that, in all the circumstances, it would be unreasonable or inappropriate to require the person to pay all or any of the costs.

              3. Despite subsections (5) to (7), if the officer is employed or engaged by a territorial authority,—

              4. the costs referred to in subsections (5) and (6) are recoverable by the authority; and
                1. the authority or a person authorised by it may exercise the power in subsection (7).