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Food Act 2014

Miscellaneous provisions - Exemptions - Exemptions for certain exports

345: Exemption by Order in Council for certain exports

You could also call this:

"Special rules for exporting food to other countries"

Illustration for Food Act 2014

The Governor-General can make rules to exempt food that is being exported from some requirements. You might not have to follow all the food standards or rules when exporting food to some countries. This can include rules about what is in the food or how it is labelled. The rules can apply to food being exported to any country, or just to specific countries. The Governor-General can also say that food only gets exempted if it meets certain conditions.

You can export food that does not meet New Zealand's labelling or compositional requirements. This means you can export food that has different labels or ingredients than food sold in New Zealand. But you still have to follow some rules, like those about animal products, when exporting food.

The Governor-General's rules are a type of secondary legislation, which has its own publication requirements, as outlined in the Legislation Act 2019. You can find more information about this in Part 3 of the Legislation Act 2019. Note that some rules, like those in section 60 of the Animal Products Act 1999, still apply to exported food.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996484.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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344: When Minister may recommend exemption under section 343, or

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346: When Minister may recommend exemption under section 345, or

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Part 5Miscellaneous provisions
Exemptions: Exemptions for certain exports

345Exemption by Order in Council for certain exports

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations exempting food that is to be exported from the requirements of all or any of the following:

  2. adopted joint food standards or domestic food standards, in the case of food intended for export to a destination other than Australia:
    1. regulations made under section 383:
      1. notices made under section 405.

        1. An exemption under subsection (1) may apply to—

        2. exports to any destination; or
          1. exports to specified destinations; or
            1. exports to any destination other than specified destinations.

              1. An exemption under subsection (1) may be subject to any conditions specified in the regulations.

              2. Without limiting anything in this section, food to be exported that may be exempted by Order in Council under subsection (1) includes—

              3. food that does not meet New Zealand's labelling requirements:
                1. food that does not meet New Zealand's compositional requirements because of what it contains or does not contain:
                  1. food that does not meet New Zealand's food labelling and compositional requirements.

                    1. To avoid doubt, nothing in this section has the effect of exempting food that is to be exported from any requirements specified in a notice issued under section 60 of the Animal Products Act 1999.

                    2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 345(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).