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Food Act 2014

Miscellaneous provisions - Transitional provisions - Transition to new requirements

426: New legislative requirements

You could also call this:

"New Rules for Food Businesses Started After a Certain Date"

Illustration for Food Act 2014

If you start a new food business after a certain date, you must follow the rules that apply to your type of food business, unless you are exempt. You can choose to operate under a food control plan if it is not already required for your type of business. You must comply with the requirements of the Food Act 2014. If you are already following the Food Hygiene Regulations 1974, you can keep doing so for a while. You can choose to follow the new rules, operate under a food control plan, or not follow a food control plan if your business is in a certain sector listed in the Schedule 3. During this time, you have a few options to choose from, as long as your business is in a certain sector.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996590.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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425: Pre-commencement offences, or

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427: Notices during authorised transition period, or

"Notices the government can send you during a special time to help your food business follow the rules"

Part 5Miscellaneous provisions
Transitional provisions: Transition to new requirements

426New legislative requirements

  1. A food business that is not in existence immediately before the relevant appointed date, and that only starts to operate on or after that date, must operate under the applicable risk-based measure (if any) for its food sector and must comply with the applicable requirements of this Act unless it is otherwise exempt under a requirement of this Act. Alternatively, the food business may choose to operate under a food control plan, if a food control plan is not the applicable risk-based measure for the food sector that the food business is in.

  2. A food business that is subject to the Food Hygiene Regulations 1974 immediately before the relevant appointed date may, during the authorised transition period for the food sector that the food business is in,—

  3. comply with the Food Hygiene Regulations 1974; or
    1. choose to operate under the applicable risk-based measure; or
      1. choose to operate under a food control plan, if a food control plan is not the applicable risk-based measure; or
        1. choose not to operate under a food control plan or a national programme if the food business is wholly within 1 or more of the food sectors specified in Schedule 3.