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Food Act 2014

Miscellaneous provisions - Regulations - Regulations about core provisions

381: Regulations: what they can apply to and what they can do

You could also call this:

"What rules can be made about food and who can make them?"

Illustration for Food Act 2014

The Food Act 2014 has rules about making regulations. You need to know what these regulations can apply to. They can apply to things like food, food businesses, and people who handle food.

The regulations can do things like impose conditions, prohibitions, requirements, and restrictions. They can also authorise people like the Minister or a food safety officer to do certain things. This can include imposing conditions, issuing directions, or making orders.

The regulations can exempt some things from the rules in certain cases. They can also give some people the power to decide things or make choices. If someone is given the power to make decisions, they must follow certain rules, which you can find in the Legislation Act 2019.

The regulations must say if they give someone the power to make decisions. If they do, the decisions they make are considered secondary legislation, unless they only apply to one specific case. You can learn more about secondary legislation in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996523.

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Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 5Miscellaneous provisions
Regulations: Regulations about core provisions

381Regulations: what they can apply to and what they can do

  1. This section applies to the powers to make regulations under this Act.

  2. The regulations may apply to all or any of the following:

  3. actions:
    1. areas:
      1. food-related accessories:
        1. foods:
          1. food businesses:
            1. operations:
              1. persons:
                1. places:
                  1. procedures:
                    1. anything in any of paragraphs (a) to (i) that is—
                      1. identified in the regulations; or
                        1. in a class identified in the regulations.

                        2. The regulations may do the following in a particular case or class of case:

                        3. impose conditions:
                          1. impose prohibitions:
                            1. impose requirements:
                              1. impose restrictions.

                                1. The regulations may authorise the Minister or the chief executive to do the following in a particular case or class of case:

                                2. impose conditions:
                                  1. issue directions:
                                    1. issue instructions:
                                      1. issue orders:
                                        1. impose prohibitions:
                                          1. impose requirements:
                                            1. impose restrictions:
                                              1. issue specifications.

                                                1. The regulations may authorise a food safety officer to do the following in a particular case or class of case:

                                                2. impose conditions:
                                                  1. issue directions:
                                                    1. issue instructions:
                                                      1. impose prohibitions:
                                                        1. impose requirements:
                                                          1. impose restrictions.

                                                            1. The regulations may exempt all or any of the following from all or any of the regulations in a particular case or class of case:

                                                            2. actions:
                                                              1. areas:
                                                                1. food-related accessories:
                                                                  1. foods:
                                                                    1. food businesses:
                                                                      1. operations:
                                                                        1. persons:
                                                                          1. places:
                                                                            1. procedures.

                                                                              1. The regulations may authorise the Minister, the chief executive, or a territorial authority to exempt all or any of the following from all or any of the regulations in a particular case or class of case:

                                                                              2. actions:
                                                                                1. areas:
                                                                                  1. food-related accessories:
                                                                                    1. foods:
                                                                                      1. food businesses:
                                                                                        1. operations:
                                                                                          1. persons:
                                                                                            1. places:
                                                                                              1. procedures.

                                                                                                1. The regulations may authorise the Minister, the chief executive, a food safety officer, or a territorial authority to decide a matter.

                                                                                                2. The regulations may confer a discretion on the Minister, the chief executive, a food safety officer, or a territorial authority.

                                                                                                3. If regulations made in reliance on this section authorise the Minister, the chief executive, or a food safety officer to exercise 1 or more of the powers described in subsection (4), (5), or (7),—

                                                                                                4. an instrument by which any of those powers is exercised is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to a particular case; and
                                                                                                  1. the regulations must contain a statement to that effect.

                                                                                                    1. Repealed
                                                                                                    Notes
                                                                                                    • Section 381(10): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                                    • Section 381(10): repealed, on , by section 35 of the Food Safety Law Reform Act 2018 (2018 No 3).