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Food Act 2014

Miscellaneous provisions - Food standards - Adopted joint food standards

400: Amendment and revocation of adopted joint food standards

You could also call this:

"The Minister can change or cancel food rules to update or fix them."

Illustration for Food Act 2014

The Minister can change or cancel a joint food standard to make it match a new version or to fix a mistake. You need to know that the Minister does this to keep the standards up to date. The Minister follows a set process to make these changes.

When the Minister changes a food standard, they usually do it in the same way they would adopt a new standard. You can find more information about this process in section 397.

If the Minister changes a standard to fix a mistake, some of the usual rules do not apply. The Minister can also cancel a standard altogether, and section 397 applies to this process as well.

Changes to or cancellations of food standards are considered secondary legislation, which means they have to be published in a certain way - you can learn more about this 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=DLM2996545.

Topics:
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399: Adoption of joint food standard is not incorporation by reference, or

"Adopting food rules doesn't mean copying them from somewhere else."

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401: Minister must not delegate power to adopt joint food standards, or

"The Minister is in charge of adopting joint food standards and can't pass this job to someone else."

Part 5Miscellaneous provisions
Food standards: Adopted joint food standards

400Amendment and revocation of adopted joint food standards

  1. The Minister may amend or revoke an adopted joint food standard in order to—

  2. give effect to an amendment or a revocation of a joint food standard; or
    1. correct an error or omission in that standard.

      1. An amendment to an adopted food standard under subsection (1)(a) or (b) must, subject to this section, be adopted in the same way as a joint food standard is adopted.

      2. Section 397 applies, subject to any necessary modifications, in respect of—

      3. the adoption of an amendment to an adopted food standard except that section 397(2) and (3) does not apply if the amendment corrects an error or omission in that standard:
        1. the revocation of an adopted food standard.

          1. An amendment to, or revocation of, an adopted food standard is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 400(2): replaced, on , by section 45 of the Food Safety Law Reform Act 2018 (2018 No 3).
          • Section 400(3): inserted, on , by section 45 of the Food Safety Law Reform Act 2018 (2018 No 3).
          • Section 400(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).