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Food Act 2014

Preliminary provisions - Introduction

6: Relationship between this Act and Animal Products Act 1999 and Wine Act 2003

You could also call this:

"How the Food Act 2014 works with other food safety laws"

Illustration for Food Act 2014

The Food Act 2014 is a law that helps keep food safe. You need to know how it works with other laws, like the Animal Products Act 1999 and the Wine Act 2003. These laws also help keep food safe, but they focus on different types of food.

The Food Act 2014 applies to all food, including animal products and wine. If you process animal products under the Animal Products Act 1999, or make wine under the Wine Act 2003, you must follow the rules in those laws.

Sometimes, there can be overlap between these laws. If that happens, the rules from the other laws, like the Animal Products Act 1999 or the Wine Act 2003, are used instead of the rules from the Food Act 2014.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3435501.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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5: Application of Act, or

"This law applies to food and things used with food that are sold to people."

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"The government must follow this law too"

Part 1Preliminary provisions
Introduction

6Relationship between this Act and Animal Products Act 1999 and Wine Act 2003

  1. The purpose of this section is to recognise the general equivalence of food safety regimes under this Act and the Animal Products Act 1999 and the Wine Act 2003 in terms of their ability to ensure the safety and suitability of any food to which they apply.

  2. This section achieves its purpose by—

  3. clarifying the relationship between this Act and the Animal Products Act 1999 and the Wine Act 2003 by acknowledging that, in addition to this Act, the Animal Products Act 1999 and the Wine Act 2003 contain measures that manage the safety and suitability of any animal product or wine that is food within the meaning of this Act; and
    1. minimising any overlap between the food safety regime under this Act and the food safety regimes under the Animal Products Act 1999 and the Wine Act 2003.

      1. This Act applies to—

      2. an animal product that is processed under the Animal Products Act 1999 (whether the animal product is for sale on the domestic market or is to be exported), if that animal product is also a food; and
        1. wine that is made under the Wine Act 2003 (whether the wine is for sale on the domestic market or is to be exported), because wine is a food as defined in this Act.

          1. Subsection (3) is subject to exemptions that may be granted under this Act and, in particular, under—

          2. sections 343 and 344 (which allow any food or classes or descriptions of food, persons who trade in food, or operations or places in relation to any trade in food to be exempted from the application of all or any requirements of this Act):
            1. sections 345 to 347 (which allow for exemptions for certain exports):
              1. sections 349 and 350 (which allow certain persons covered by the Animal Products Act 1999 or the Wine Act 2003 to be exempted from the requirement to operate under an applicable risk-based measure).

                1. The following provisions apply to manage any overlap between the food safety regime under this Act and the food safety regimes under the Animal Products Act 1999 and the Wine Act 2003:

                2. section 27 (which allows winemakers to apply for their winemaking operations to be included in a registered food control plan or a national programme); and
                  1. sections 32 to 34 of the Animal Products Act 1999 (which provide for the relationship between the food safety regime under this Act and risk management programmes under the Animal Products Act 1999 by recognising the general equivalence of food control plans and risk management programmes); and
                    1. sections 15A to 15C of the Wine Act 2003 (which provide for the relationship between the food safety regime under this Act and wine standards management plans).

                      1. If there is any conflict, duplication, or inconsistency between the requirements of this Act and the requirements of the Animal Products Act 1999 or the Wine Act 2003 in relation to an animal product or wine, the requirements of those other Acts prevail.

                      2. If there is any conflict, duplication, or inconsistency between a power or other form of authority conferred by or under the Animal Products Act 1999 or the Wine Act 2003 and a power or other form of authority conferred by or under this Act, the power or other form of authority conferred by or under those other Acts applies instead of the power or other form of authority conferred by or under this Act.