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Food Act 2014

Risk-based measures - Food control plans - Food control plans

43: Regulations and notices about food control plans

You could also call this:

"Rules about planning to keep food safe"

Illustration for Food Act 2014

The Governor-General can make rules about food control plans. You need to follow these rules if you work with food. The rules can say what a food control plan should include and how it should be used. They can also say how to manage risks when trading food. The Minister must talk to people about the rules before they are made. The chief executive can make notices about food control plans. These notices can say how people should show they are competent to work with food. The rules and notices are secondary legislation, which means they have to be published in a certain way, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3435502.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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42: Food control plan: contents, or

"What to include in your food safety plan"

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Part 2Risk-based measures
Food control plans: Food control plans

43Regulations and notices about food control plans

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:

  2. stating matters relating to the content and purpose of a food control plan for the food sectors referred to in section 21(3)(a):
    1. prescribing controls, restrictions, requirements, and prohibitions in relation to a food sector, including provisions about how a food sector must manage or deal with risks that arise from trading in food:
      1. requiring a food control plan to be differentiated from other information kept by the operator and prescribing how this must be done:
        1. prescribing requirements for the registration of food control plans, including the manner and form in which the operator must provide the food control plan for registration:
          1. prescribing conditions, or restrictions on conditions, that the registration authority may impose on the registration of a food control plan:
            1. prescribing requirements for the validation and evaluation of food control plans:
              1. providing for any other matters that may be necessary or desirable to give effect to or to administer the registration of food control plans:
                1. requiring persons who operate under food control plans to demonstrate competency, in relation to the safety and suitability of food, food production, and food processing and handling, to undergo appropriate training, and to provide training for staff as appropriate:
                  1. requiring reports to be made in respect of breaches of a food control plan:
                    1. requiring samples and tests to be carried out in relation to matters covered by a food control plan and for the results of those tests to be reported to the chief executive:
                      1. prescribing any other matters that may be necessary to ensure that a food control plan effectively minimises and manages risks to public health and protects and promotes public health:
                        1. prescribing requirements relating to the safety and suitability of food and to good operating practice:
                          1. prescribing any other matters that may be necessary for the purpose of giving effect to the implementation of food control plans.

                            1. Before recommending the making of regulations under this section, the Minister must be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

                            2. The chief executive may, by notice under section 405,—

                            3. set requirements as to how persons who operate under food control plans are to demonstrate competency (in relation to the safety and suitability of food, food production, and food processing and handling), the appropriate training for those persons, and the staff training to be provided:
                              1. set requirements for the validation and evaluation of food control plans:
                                1. supplement regulations made under this section.

                                  1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                                  2. regulations under this section:
                                    1. a notice issued under section 405 in reliance on subsection (3).

                                      Notes
                                      • Section 43 heading: amended, on , by section 8(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                      • Section 43(1)(c): replaced, on , by section 8(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                      • Section 43(1)(d): replaced, on , by section 8(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                      • Section 43(3): inserted, on , by section 8(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                      • Section 43(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).