404Minister may issue domestic food standards

1. The Minister may, by notice, issue food standards (domestic food standards) for food manufactured or prepared for sale or sold in New Zealand, or imported into, or exported from, New Zealand, if—

2. standards have been or are being developed under the Australia–New Zealand Joint Food Standards Agreement for inclusion in the Australia New Zealand Food Standards Code, but New Zealand has chosen, under an annex of the Agreement, to opt out of the standards; and
3. subsection (2) is complied with.

4. In issuing domestic food standards under subsection (1), the Minister must take into account the following matters:

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

10. The Minister must not issue a domestic food standard under subsection (1) unless he or she is satisfied that there has been appropriate consultation on the domestic food standard in accordance with section 379.

11. Sections 397 to 401 apply, subject to any necessary modifications, in respect of a domestic food standard issued under subsection (1).

12. A domestic food standard is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).