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Food Act 2014

Miscellaneous provisions - Exemptions - Exemption from application of this Act generally

343: Exemption by Order in Council from application of this Act generally

You could also call this:

"Some foods or people can be exempt from following the Food Act 2014 rules by a special order"

Illustration for Food Act 2014

The Governor-General can make rules that exempt some foods, people who trade in food, or places where food is traded from following all or some of the rules in the Food Act 2014. You might be exempt from some rules if you trade in a certain type of food or if you work in a specific place. The Governor-General makes these rules on the recommendation of the Minister.

If you get an exemption, you might still have to follow some conditions. These conditions will be specified in the rules. You can find more information about how these rules are published in Part 3 of the Legislation Act 2019.

The rules can be applied before they are officially published, and they can even apply to things that happened in the past. This means that even if the rules are not yet published, they can still have effect. The exemption rules are not limited by section 33 of the Food Act 2014.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996481.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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"Rules for how the court works with food safety orders"

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344: When Minister may recommend exemption under section 343, or

"When the Minister can say some food businesses don't have to follow certain rules"

Part 5Miscellaneous provisions
Exemptions: Exemption from application of this Act generally

343Exemption by Order in Council from application of this Act generally

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations exempting the following from the application of all or any requirements of this Act:

  2. any food or any 1 or more classes or descriptions of food:
    1. any 1 or more classes or descriptions of persons who trade in food:
      1. any 1 or more classes or descriptions of operations or places in relation to any trade in food:
        1. any combination of the things referred to in paragraphs (a) to (c).

          1. An exemption under this section may be subject to any conditions specified in the regulations.

          2. An exemption under this section may have retrospective effect.

          3. This section is not limited by section 33.

          4. Regulations under this section—

          5. are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
            1. may have effect in accordance with subsection (3) even if not yet published.

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              Notes
              • Section 343(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).