Food Act 2014

Miscellaneous provisions - Regulations - Regulations about core provisions

386: Regulations about approved documents, materials, or facilities, or persons or classes of persons

You could also call this:

"Rules about what is approved to keep food safe"

Illustration for Food Act 2014

The Governor-General can make rules about what documents, materials, or facilities are approved, or what people are approved, under the Food Act. You need to know that these rules are made on the recommendation of the Minister. The Minister looks at things like whether using approved documents or people will help keep food safe.

The Minister also thinks about whether using approved things will help everyone do things the same way, or if it will save time and money. They consider other important things too. Before the Minister recommends making these rules, they must talk to people about the ideas and make sure everyone has had a say, as outlined in section 379.

The Governor-General can also make rules that say you must use approved documents, materials, or facilities, or approved people. These rules are a type of law called secondary legislation, which has its own rules for publication, as explained 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=DLM2996528.


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Part 5Miscellaneous provisions
Regulations: Regulations about core provisions

386Regulations about approved documents, materials, or facilities, or persons or classes of persons

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting out criteria that the chief executive must take into account before approving a document, material, or facility, or a person or class of persons under section 291.

  2. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that require an approved document, material, or facility, or an approved person or an approved class of persons to be used.

  3. Before the Minister recommends that the Governor-General makes regulations under subsection (2), the Minister must take the following matters into account:

  4. whether it is necessary to require the use of an approved document, material, or facility, or an approved person or an approved class of persons to manage a risk to the safety or suitability of food:
    1. whether it is desirable to require the use of an approved document, material, or facility, or an approved person or an approved class of persons to maintain consistency in approaches, methodology, and technology:
      1. whether it is desirable to require the use of an approved document, material, or facility, or an approved person or an approved class of persons to make cost and efficiency gains:
        1. any other matters that the Minister considers relevant to the question of whether an approved document, material, or facility, or an approved person or an approved class of persons must be used.
          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. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 386(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).