Food Act 2014

Miscellaneous provisions - Regulations - Regulations about core provisions

389: Regulations and notices about recognised agencies, persons, and classes of persons

You could also call this:

"Rules about who can check food safety and what they must do"

The Governor-General can make rules about recognised agencies, persons, and classes of persons under the Food Act 2014. You can find more information about this in subpart 1 of Part 4. These rules can include what agencies, persons, and classes of persons must do to be recognised and to keep being recognised.

The Minister must make sure people have been consulted about these rules before they are made, as stated in section 379. The chief executive can also add to these rules by giving a notice under section 405.

These rules and notices are secondary legislation, which means they have to be published, as explained in Part 3 of the Legislation Act 2019. This includes rules made under this section and notices issued under section 405.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996530.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

388: Regulations about verification functions in relation to importers, or

"Rules for checking importers of food are covered here"

390: Regulations and notices about information, or

"Rules about collecting and sharing food information"

Part 5Miscellaneous provisions
Regulations: Regulations about core provisions

389Regulations and notices about recognised agencies, persons, and classes of persons

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
prescribing requirements and procedures for the recognition and renewal of recognition of agencies, persons, and classes of persons under subpart 1 of Part 4:
prescribing requirements that agencies, persons, and classes of persons under subpart 1 of Part 4 must comply with in order to maintain recognition:
prescribing competencies, qualifications, experience, or other requirements that must be met—
1. in order for a person to be recognised as a recognised agency or a recognised person under subpart 1 of Part 4:
2. in order for a class of persons to be recognised as a recognised class under subpart 1 of Part 4:
3. by a recognised agency, recognised person, or recognised class:
prescribing performance standards or other requirements that must be met by a recognised agency when it is managing or carrying out, or a recognised person or recognised class when it is carrying out, its specified functions and activities:
prescribing any particulars that must be contained in the relevant public register.

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.
The chief executive may, by notice under section 405, supplement regulations made under this section.
The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):
regulations under this section:
a notice issued under section 405 in reliance on subsection (3).

Notes

Section 389 heading: amended, on 2 March 2018, by section 41(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
Section 389(1)(ab): inserted, on 2 March 2018, by section 41(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
Section 389(3): inserted, on 2 March 2018, by section 41(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
Section 389(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).