Food Act 2014

Miscellaneous provisions - Notices - Notices

408: Notices: publication

You could also call this:

"How the government tells people about new food rules"

When a notice is made under the Food Act 2014, it must be published in a certain way. The chief executive must follow the rules in the Legislation Act 2019 and may also publish the notice in a newspaper, a trade journal, or any other medium, including an electronic one, to inform people who may be affected by it. If the notice is only for one or more named persons, the chief executive must tell them about it and give them a copy or tell them where they can read or buy one.

If the notice is not just for named persons, the chief executive must publish it on an Internet site and either publish it in the Gazette or notify people that it has been made in the Gazette. The chief executive must make sure people can read the notice for free or buy it at a reasonable price. You can read more about how the Legislation Act 2019 applies to notices like this by looking at the Legislation Act 2019. The chief executive can also try to inform people who may be affected by the notice by publishing it in other ways, like in a newspaper or on an Internet site.

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Part 5Miscellaneous provisions
Notices: Notices

408Notices: publication

  1. A notice under section 405 must be published in accordance with this section.

  2. In addition to complying with the Legislation Act 2019, the chief executive may try to bring a notice that is secondary legislation to the attention of persons likely to be affected by the notice by publishing it or notifying its making in—

  3. a newspaper; or
    1. a trade journal; or
      1. any other medium, including an electronic one.
        1. If a notice is not secondary legislation,—

        2. subsections (3) and (8) apply if the notice applies only to 1 or more named persons; and
          1. subsections (5) to (8) apply in any other case.
            1. The chief executive must—

            2. apply the relevant one of sections 376 to 378 to tell the person or persons that the notice has been made; and
              1. do 1 of the following:
                1. give the person or persons a copy of the notice; or
                  1. tell them where they may read a copy free of charge, which may include reading a copy on an Internet site; or
                    1. tell them where they may buy a copy.
                    2. Repealed
                    3. The chief executive must—

                    4. publish the notice on an Internet site maintained by or on behalf of the Ministry as soon as practicable after it is issued; and
                      1. either—
                        1. publish the notice in the Gazette; or
                          1. notify the making of the notice in the Gazette.
                          2. If only notifying the making of the notice in the Gazette, the chief executive must—

                          3. make copies of the notice available for reading free of charge or buying at the head office of the Ministry and at any other places that the chief executive decides; and
                            1. specify in the Gazette notice where the copies may be read or bought.
                              1. In addition to complying with subsection (5), the chief executive may try to bring the notice to the attention of persons likely to be affected by the notice by publishing it or notifying its making in a medium specified in subsection (1A)(a) to (c).

                              2. The chief executive must set a reasonable price for a notice sold under this section.

                              Notes
                              • Section 408(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 408(1A) heading: inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 408(1A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 408(2) heading: inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 408(2): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 408(3) heading: inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 408(4): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 408(5) heading: inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 408(7): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).