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Food Act 2014

Miscellaneous provisions - Regulations - Regulations about core provisions

391: Regulations about offences

You could also call this:

"Rules about what happens when you break food safety laws"

Illustration for Food Act 2014

The Governor-General can make rules about offences in the Food Act 2014. You need to know that these rules can say which offences are infringement offences. The rules can also say how much you have to pay if you break the rules, up to $1,000, and this can be different for your first offence, second offence, or if you keep breaking the rules.

The Minister has to make sure people have been consulted about the rules before they are made, as stated in section 379. The Minister gets to decide what the rules say, including what you have to pay if you break them, and this is based on section 243 or section 244.

The rules made under this section are called 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=DLM2996532.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesCrime and justice > Criminal law
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Part 5Miscellaneous provisions
Regulations: Regulations about core provisions

391Regulations about offences

  1. 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:

  2. stating which offences in this Act are infringement offences:
    1. prescribing infringement offences for the breach or failure to comply with any specified requirements or conditions referred to in section 243 or 244:
      1. prescribing infringement notices, infringement reminder notices, and infringement forms of any other kind:
        1. prescribing the amount, up to $1,000, of an infringement fee that is payable for an infringement offence, including different fees for a first offence, a second offence, and subsequent offences.

          1. Subsection (1)(b) does not limit the generality of subsection (1)(a).

          2. 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.

          3. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 391(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).