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Food Act 2014

Miscellaneous provisions - Notices - Notices

405: Notices

You could also call this:

"Official notices that help explain the Food Act 2014 rules"

Illustration for Food Act 2014

The chief executive can issue notices that set requirements or permit certain things under the Food Act 2014. You need to follow these notices as they are part of the law. The chief executive can also issue notices that add more details to the regulations, such as procedures or forms.

The chief executive must make sure that any notice they issue under the Food Act 2014 is consistent with the regulations. If a notice is inconsistent with the regulations, the regulations will override the notice. You can find more information about the regulations and notices on the New Zealand legislation website.

A notice under the Food Act 2014 is not considered secondary legislation unless another part of the Act says it is. The chief executive has to be careful when issuing notices to make sure they are following the rules.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996554.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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404: Minister may issue domestic food standards, or

"The Minister can create food safety rules for New Zealand."

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406: Notices relating to specifications or requirements for specific matters, or

"Notices about food rules that are no longer part of the law."

Part 5Miscellaneous provisions
Notices: Notices

405Notices

  1. The chief executive may issue notices that—

  2. set requirements or specify matters that are permitted by this Act; or
    1. are permitted by a provision of this Act to supplement regulations made under this Act.

      1. The chief executive must not issue a notice under subsection (1)(b) unless satisfied that the notice—

      2. sets out matters of detail to elaborate on matters provided for in the regulations; or
        1. sets out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or
          1. sets out how requirements imposed by the regulations may or must be met; or
            1. otherwise supplements matters of general principle set out in the regulations.

              1. If a notice issued under this section is inconsistent with the regulations, the regulations prevail to the extent of the inconsistency.

              2. A notice under this section is not secondary legislation unless it is stated to be secondary legislation by another provision of this Act.

              Notes
              • Section 405: replaced, on , by section 47 of the Food Safety Law Reform Act 2018 (2018 No 3).
              • Section 405(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).