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Food Act 2014

Miscellaneous provisions - Regulations - Regulations about core provisions

383: Regulations and notices about standards in relation to food

You could also call this:

"Rules to Keep Your Food Safe"

Illustration for Food Act 2014

The Governor-General can make rules about food to keep you safe. These rules are called regulations and they say what food must be like to be safe. The Minister helps the Governor-General make these rules.

You need food to be safe and suitable to eat. The Governor-General makes rules to ensure this. These rules cover things like what is in your food and how it is made.

The Minister must think about some things before making these rules. They must think about keeping you safe and not restricting trade too much. They must also think about what other countries do and what New Zealand has agreed to do.

The Minister must talk to people before making these rules. They must be satisfied that everyone who needs to be consulted has been consulted, as said in section 379.

The chief executive can also make some rules about food. They can say how much of certain things can be in your food, as stated in section 405.

Some rules about food are secondary legislation, as explained in Part 3 of the Legislation Act 2019. This includes rules made by the Governor-General and notices issued by the chief executive.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996525.

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Part 5Miscellaneous provisions
Regulations: Regulations about core provisions

383Regulations and notices about standards in relation to food

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting standards in relation to food that specify the criteria that the composition of food, and the sampling and testing of food to determine its composition, must meet to ensure that food is safe and suitable.

  2. The reference in subsection (1) to the composition of food means the microbiological content, microbiological quality, purity, quality, quantity, strength, or weight, among other things, of—

  3. the food itself; and
    1. anything contained in food, added to food, or intended to be contained in or added to food.

      1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting standards in relation to food that specify the criteria that all or any of the following must meet to ensure that food is safe and suitable:

      2. the sampling and testing of food to determine its safety or suitability:
        1. the production of food:
          1. the processing and handling of food:
            1. the selling of food:
              1. the importation of food:
                1. the identification and labelling of food:
                  1. the promotion and advertising of food:
                    1. information about food:
                      1. the genetic modification of food:
                        1. the chemical status of food:
                          1. the maximum amounts of contaminants or residues that may be present in food:
                            1. the maximum or minimum amounts of additives or other substances that must or may be present in food:
                              1. substances in food:
                                1. the control or elimination of hazards from food:
                                  1. any other matter that affects the safety or suitability of food.

                                    1. Regulations referred to in subsection (3)(k) may (without limitation)—

                                    2. specify how residue levels are to be determined for specified foods:
                                      1. prohibit the sale of any food containing residues of a substance that exceed limits specified by a notice under subsection (8):
                                        1. provide for exemptions from specified requirements of the regulations where the residues present in the food concerned are within allowable limits specified in a notice under subsection (8) and the food complies with any other requirements specified in the notice.

                                          1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting food standards that food-related accessories must meet to ensure that food is safe and suitable.

                                          2. Before recommending the making of regulations under this section, the Minister must take into account—

                                          3. the need to protect public health; and
                                            1. the desirability of avoiding unnecessary restrictions on trade; and
                                              1. the desirability of maintaining consistency between the standards in regulations made under this section and any relevant standards, requirements, or recommended practices that apply or are accepted internationally; and
                                                1. the need to give effect to New Zealand’s obligations under a relevant international agreement, convention, protocol, or treaty; and
                                                  1. the identifiable costs of the standards, who bears those costs, and the positive and negative effects on New Zealand consumers and food businesses; and
                                                    1. the most effective way of achieving the safety and suitability of food; and
                                                      1. any other matters that the Minister considers relevant.

                                                        1. Before recommending the making of regulations under this section, the Minister must be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

                                                        2. The chief executive may, by notice under section 405,—

                                                        3. specify the maximum amount of contaminants or residues that may be present in food:
                                                          1. set requirements in relation to the matters specified in paragraph (a):
                                                            1. provide for the matters referred to in subsection (4)(b) and (c):
                                                              1. supplement regulations made under this section.

                                                                1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                                                                2. regulations under this section:
                                                                  1. a notice issued under section 405 in reliance on subsection (8).

                                                                    Notes
                                                                    • Section 383 heading: amended, on , by section 36(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                                                    • Section 383(4)(b): amended, on , by section 36(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                                                    • Section 383(4)(c): amended, on , by section 36(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                                                    • Section 383(8): inserted, on , by section 36(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                                                    • Section 383(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).