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Food Act 2014

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

344: When Minister may recommend exemption under section 343

You could also call this:

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

Illustration for Food Act 2014

The Minister can recommend that some food businesses do not have to follow certain rules under the Food Act 2014. Before the Minister makes this recommendation, they must be sure that the risk to public health is very small, or that there are other rules in place to keep people safe. The Minister must also think about things like keeping people safe, making sure trade is not restricted too much, and following international standards.

The Minister has to consider many things, including the need to protect public health, the effects on consumers and food businesses, and the best way to keep food safe. They must also think about New Zealand's international agreements and the costs of exempting some businesses from the rules. You can find more information about how the Minister makes these decisions by looking at section 343, section 383, and section 379.

The Minister must be satisfied that they have talked to the right people about the rules before making a recommendation. This is an important step in making sure that any exemptions from the rules are fair and safe for everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996482.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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343: Exemption by Order in Council from application of this Act generally, or

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

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

344When Minister may recommend exemption under section 343

  1. Before recommending the making of regulations under section 343, the Minister must—

  2. be satisfied that, taking into account the matter to be exempted, 1 or more of the following applies:
    1. the risk to public health of providing the exemption is negligible; or
      1. there are other sufficient safeguards under this Act or any other enactment, or by other means, to minimise any risk to public health in providing the exemption; or
        1. there are requirements in another enactment or there are other means that deal with the matter to be exempted besides the applicable requirement of this Act; and
        2. take into account the following matters:
          1. the need to protect public health:
            1. the desirability of avoiding unnecessary restrictions on trade:
              1. the desirability of maintaining consistency between the standards in regulations made under section 383 and any relevant standards, requirements, or recommended practices that apply or are accepted internationally:
                1. the need to give effect to New Zealand’s obligations under a relevant international agreement, convention, protocol, or treaty:
                  1. the identifiable costs of the exemption, who bears those costs, and the positive and negative effects on New Zealand consumers and food businesses:
                    1. the most effective way of achieving the safety and suitability of food:
                      1. any other matters that the Minister considers relevant; and
                      2. be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

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