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Food Act 2014

Miscellaneous provisions - Exemptions - Other exemptions

350: Exemption for certain persons covered by Wine Act 2003

You could also call this:

"Some wine makers don't have to follow Food Act 2014 rules because they already follow Wine Act 2003 rules."

Illustration for Food Act 2014

If you are making wine that is also food, you might not have to follow the Food Act 2014 rules. This is because you already have to follow rules under the Wine Act 2003. You have a special plan to make sure your wine is safe, called a registered wine standards management plan.

If you do not need a wine standards management plan because you are exempt under section 6 or section 11 of the Wine Act 2003, you are also exempt from the Food Act 2014 rules. You are exempt if you are transporting or producing commodities, or making wine products.

The words "commodity", "wine", and "wine product" have special meanings, which are explained in section 4 of the Wine Act 2003.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996490.

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Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 5Miscellaneous provisions
Exemptions: Other exemptions

350Exemption for certain persons covered by Wine Act 2003

  1. Subsection (2) applies to a person who—

  2. is required to have, or has, a registered wine standards management plan under the Wine Act 2003 for the production and processing of a wine that is also food; or
    1. is exempt under section 6 or 11 of that Act or under regulations made under that Act from the requirement to have a wine standards management plan unless the exemption is provided on the ground that the person is operating, or is required to operate, under a risk-based measure.

      1. A person to whom this subsection applies is exempt from the requirement to operate under the applicable risk-based measure for the activities to which the wine standards management plan or exemption relates.

      2. Subsection (4) applies to a person who is in 1 or more classes of the following categories of persons:

      3. transporters of commodities or wine:
        1. producers of commodities:
          1. persons manufacturing wine products.

            1. A person to whom this subsection applies is exempt from the requirement to operate under the applicable risk-based measure for the person's activities relating to the commodities, wine, or wine products.

            2. In subsections (3) and (4), commodity, wine, and wine product have the meanings given to them in section 4 of the Wine Act 2003.