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Food Act 2014

Miscellaneous provisions - Transitional provisions - Pre-commencement

421: Pre-commencement standards

You could also call this:

"Rules for food standards made before the Food Act 2014 started"

Illustration for Food Act 2014

If a food standard was issued under section 11C of the Food Act 1981, you treat it as if it was issued under the Food Act 2014. You do this if the standard is not a prescribed food standard of the kind referred to in section 11P of the Food Act 1981. It also needs to incorporate aspects of the Australia New Zealand Food Standards Code and be in force on the relevant appointed date.

If a food standard was issued under section 11C of the Food Act 1981, but does not incorporate aspects of the Australia New Zealand Food Standards Code, you treat it as a domestic food standard under the Food Act 2014. It must be in force on the relevant appointed date. The standard continues in force until it is revoked or the introductory period of the Food Act 2014 ends.

A food standard issued under section 11M of the Food Act 1981 is treated as an emergency notice under the Food Act 2014 if it is in force on the relevant appointed date. The Minister can amend a food standard by notice if certain conditions are met. These conditions include being satisfied that the amendment could have been made under section 11C of the Food Act 1981.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996584.

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420: Pre-commencement legislative requirements: Food Act 1981 and regulations, or

"Old food laws that still apply after the new Food Act 2014 starts"

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422: Pre-commencement food, or

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Part 5Miscellaneous provisions
Transitional provisions: Pre-commencement

421Pre-commencement standards

  1. A food standard is treated as if it had been issued as an adopted joint food standard under this Act if it—

  2. is issued under section 11C of the Food Act 1981; and
    1. is not a prescribed food standard of the kind referred to in section 11P of the Food Act 1981; and
      1. incorporates aspects of the Australia New Zealand Food Standards Code; and
        1. is in force on the relevant appointed date.

          1. A food standard is treated as if it had been issued as a domestic food standard under this Act if it—

          2. is issued under section 11C of the Food Act 1981; and
            1. is not a prescribed food standard of the kind referred to in section 11P of the Food Act 1981; and
              1. does not incorporate aspects of the Australia New Zealand Food Standards Code; and
                1. is in force on the relevant appointed date.

                  1. A food standard continues in force until the date specified in subsection (4) if it—

                  2. is issued under section 11C of the Food Act 1981; and
                    1. is a prescribed food standard of the kind referred to in section 11P of the Food Act 1981; and
                      1. is in force on the relevant appointed date.

                        1. The date is the earlier of the following:

                        2. the date on which the food standard is revoked by regulations made under this Act:
                          1. the date on which this Act's introductory period ends.

                            1. A food standard that is issued under section 11M of the Food Act 1981 and is in force on the relevant appointed date is treated as if it had been issued as an emergency notice under this Act.

                            2. If a food standard to which subsection (2) applies cannot be amended under section 404 because the requirements of section 404(1)(a) are not satisfied, the Minister may, by notice, amend the standard if the Minister—

                            3. is satisfied that the amendment could have been made under section 11C of the Food Act 1981 (had it been in force); and
                              1. is satisfied that the amendment does not have the effect of extending the application of the standard; and
                                1. has taken into account the matters described in section 404(2); and
                                  1. is satisfied that there has been appropriate consultation on the amendment in accordance with section 379.

                                    1. Sections 397 to 401 apply, subject to any necessary modifications, in respect of an amendment made under subsection (6).

                                    2. An amendment under subsection (6) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                    Notes
                                    • Section 421(6): inserted, on , by section 52 of the Food Safety Law Reform Act 2018 (2018 No 3).
                                    • Section 421(7): inserted, on , by section 52 of the Food Safety Law Reform Act 2018 (2018 No 3).
                                    • Section 421(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).