Food Act 2014

Miscellaneous provisions - Transitional provisions - Deemed food control plans

431: Pre-commencement application for exemption under Food Act 1981

You could also call this:

"Applying for a food exemption under the old food law before it changed"

If you make an application under section 8B of the Food Act 1981, or an application that section 8C(2) of that Act applies to, the chief executive will deal with it. You made this application before a certain date, and now you are waiting for the chief executive to decide on it. The chief executive will use the Food Act 1981 to make a decision, except for some specific parts of that Act.

If your application is successful, you might get an exemption under section 8F of the Food Act 1981. The exemption will be registered under section 8ZS of that Act. You will have a food safety programme that the exemption is based on, and this programme will be considered a registered food control plan.

The Food Act 1981 is an old law that is being replaced, but it will still be used to decide on your application because section 420 repeals the Food Act 1981. You can find more information about the Food Act 1981 on the New Zealand legislation website.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996596.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

430: Pre-commencement registered food safety programme, or

"Food safety programmes that were already registered before the new law started"

432: Deemed food control plans under sections 430 and 431, or

"Who's in charge of your food safety plan under the Food Act 2014?"

Part 5Miscellaneous provisions
Transitional provisions: Deemed food control plans

431Pre-commencement application for exemption under Food Act 1981

This section applies to an application under section 8B of the Food Act 1981 or an application to which section 8C(2) of that Act applies that, immediately before the relevant appointed date, is waiting for the chief executive to determine it.
The application must be dealt with under the Food Act 1981, except for sections 8J and 8N to 8U, despite the fact that section 420 repeals the Food Act 1981.
If the application results in an exemption under section 8F of the Food Act 1981 and the exemption is registered under section 8ZS of that Act, the food safety programme on which the exemption is based is deemed to be a registered food control plan.