Food Act 2014

Risk-based measures - Food control plans - Amendments to food control plans

44: Chief executive's power to amend, replace, or revoke template or model issued under section 39

You could also call this:

"The boss of a government department can change or cancel a food safety plan template."

Illustration for Food Act 2014

The chief executive has the power to change, replace, or get rid of a template or model that was issued under section 39. If you are using a food control plan that is based on a template or model that is changed or replaced, you must follow any new rules specified by the chief executive in the notice under section 405 within the time frame they give you. You do not have to re-register your food control plan.

If a template or model is revoked and not replaced, you can keep using your food control plan until the time specified in the notice under section 405 runs out. Before that time runs out, you must apply for a new food control plan to be registered. The chief executive must make the new template or model available for free on the internet or at their office, or send you a copy if you ask for one.

If the chief executive changes or replaces a template or model, they must make the new one available to you. A notice issued under section 405 is a type of law, and you can find out more about how it is published by looking at Part 3 of the Legislation Act 2019.

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45: Operator may amend food control plan based on template or model issued under section 39 or approved under section 40, or

"You can change your food control plan if it's based on a template or model, and tell the authorities about it."

Part 2Risk-based measures
Food control plans: Amendments to food control plans

44Chief executive's power to amend, replace, or revoke template or model issued under section 39

  1. The chief executive may, by notice under section 405, amend, replace, or revoke a template or model issued under section 39.

  2. If a registered food control plan is based on a template or model that is amended or replaced in accordance with subsection (1), the operator of the plan—

  3. must comply with any requirements specified by the chief executive in the notice under section 405 within the time specified in that notice; but
    1. is not obliged to re-register the food control plan.
      1. If a registered food control plan is based on a template or model that is revoked, and not replaced, in accordance with subsection (1),—

      2. the operator of the plan and the operator of a food business to which the plan applies may continue to operate under the food control plan until the expiry of the period specified in the notice under section 405; but
        1. the operator of the plan must, before the expiry of that period, apply to the appropriate registration authority for an alternative food control plan to be registered.
          1. If the chief executive amends or replaces a template or model in accordance with subsection (1), the chief executive must—

          2. make a copy of the amended or replacement template or model available, free of charge, on an Internet site or for public inspection at reasonable hours at the head office of the Ministry; or
            1. on request, supply a copy of the amended or replacement template or model, free of charge, to any person who cannot access it on the Internet site.
              1. A notice issued under section 405 in reliance on this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 44(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).