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Food Act 2014

Miscellaneous provisions - Regulations - Regulations about core provisions

385: Regulations and notices about grading schemes

You could also call this:

"Rules for grading food businesses to keep food safe"

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The Governor-General can make rules about a grading scheme for food businesses. You need to know that this scheme is to help keep food safe and suitable for people to eat. It also tells consumers how well a food business follows the food safety rules.

The rules can say how the grading scheme works and which food businesses must follow it. They can also say how a food business is assessed and who can do the assessment. The rules can decide what information is kept on a register and how the assessment results are shared with the public.

If a territorial authority makes a bylaw that contradicts the grading scheme rules, the rules made by the Governor-General apply. Before the Minister recommends making these rules, they must make sure people have been consulted about them, as stated in section 379. The chief executive can add to these rules by giving a notice under section 405.

The rules made under this section and any notices issued under section 405 are secondary legislation, which you can learn more about 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=DLM2996527.

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Part 5Miscellaneous provisions
Regulations: Regulations about core provisions

385Regulations and notices about grading schemes

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting up a grading scheme that—

  2. has the purpose of improving, promoting, or protecting the safety or suitability of food; and
    1. provides consumers with information about the level of a food business's compliance with the food safety regime.

      1. The regulations may provide for all or any of the following matters:

      2. the operation and administration of the grading scheme:
        1. which food businesses are subject to the grading scheme:
          1. how a food business subject to the grading scheme is assessed under it:
            1. who may do the assessment of a food business under the grading scheme:
              1. which information arising from an assessment under the grading scheme may be held on a register:
                1. how the result of a food business's assessment under the grading scheme is to be published at the business:
                  1. the review of a food business's assessment under the grading scheme, including the procedure to be followed in conducting the review:
                    1. the relationship between—
                      1. the grading scheme and verification; and
                        1. the grading scheme and any other means of measuring or requiring compliance with the requirements of this Act:
                        2. any other matters necessary to give full effect to the grading scheme.

                          1. To avoid doubt, section 446 applies if—

                          2. regulations are made setting up a grading scheme for food businesses; and
                            1. a bylaw is made by a territorial authority that purports to set up a grading scheme for food businesses that is inconsistent with those regulations.

                              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, supplement regulations made under this section.

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

                              4. regulations under this section:
                                1. a notice issued under section 405 in reliance on subsection (5).

                                  Notes
                                  • Section 385 heading: amended, on , by section 38(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                  • Section 385(5): inserted, on , by section 38(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                  • Section 385(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).