Food Act 2014

Miscellaneous provisions - Exemptions - Exemptions for certain exports

346: When Minister may recommend exemption under section 345

You could also call this:

"When the Minister can let food exports break some rules to sell them overseas"

The Minister can recommend exempting some food exports from rules if they think it is necessary or desirable to sell the food overseas. You need to know the Minister must consider what the overseas market requires before making this decision. The Minister also has to think about how to manage any risks to the safety and suitability of the food, and this might involve following a risk management programme or regulated control scheme under the Animal Products Act 1999.

The Minister must talk to the relevant Australian authority if the food is going to be exported to Australia. They also have to make sure people have been properly consulted about the rules, as set out in section 379. The Minister has to be satisfied with all these things before they can recommend exempting the food exports from the rules.

If the Minister is happy with all these conditions, they can recommend that the rules be changed to allow the food exports to happen. This is all part of the process for exempting certain food exports from the usual rules, as outlined in the Food Act 2014 and related laws like the Animal Products Act 1999.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996485.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

345: Exemption by Order in Council for certain exports, or

"Special rules for exporting food to other countries"

347: Exemption by chief executive, or

"The boss of a government department can let food exporters skip some rules to sell food overseas."

Part 5Miscellaneous provisions
Exemptions: Exemptions for certain exports

346When Minister may recommend exemption under section 345

Before recommending the making of regulations under section 345, the Minister must be satisfied that—
the exemption is necessary or desirable to facilitate access to an overseas market or to overseas markets; and
he or she has taken into account the requirements of the overseas market or overseas markets to which the food is to be exported; and
in the case of regulations that would grant an exemption for food intended for export to Australia, the appropriate Australian authority has been consulted; and
if appropriate, the risks in relation to the safety and suitability of the food are managed by an applicable risk management programme or regulated control scheme under the Animal Products Act 1999 or any other applicable risk-based measure; and
there has been appropriate consultation on the regulations in accordance with section 379.