397Minister may adopt joint food standards

1. The Minister may adopt a joint food standard (adopted joint food standard) for food manufactured or prepared for sale or sold in New Zealand, or imported into, or exported from, New Zealand, if subsections (2) and (3) are complied with.

2. In adopting a joint food standard under subsection (1), the Minister must take into account the following matters:

3. the need to protect public health:
4. the desirability of avoiding unnecessary restrictions on trade:
5. the desirability of maintaining consistency between the adopted joint food standards and those standards that apply internationally:
6. the need to give effect to New Zealand's obligations under any relevant international treaty, agreement, convention, or protocol:
7. any other matters that the Minister considers relevant.

8. The Minister must not adopt a joint food standard under subsection (1) unless he or she is satisfied that adequate consultation on the joint food standard has taken place under the Food Standards Australia New Zealand Act 1991 (Australia).

9. The effect of adopting a joint food standard is that a person who manufactures or prepares food for sale in New Zealand, or sells food in New Zealand, or imports food into, or exports food from, New Zealand must comply with the requirements of the adopted food standard in relation to that food.

10. An adopted joint food standard—

11. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
12. must include—
    1. a statement to the effect that the Minister has adopted the joint food standard; and
    2. the date on which the adopted joint food standard commences.

13. The Legislation Act 2019 applies as if—

14. the Minister were the maker of the adopted joint food standard; and
15. the adopted joint food standard were made by the Minister adopting it.