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Food Act 2014

Risk-based measures - General - Requirement to operate under applicable risk-based measure

29: Exception to section 28

You could also call this:

"Some food businesses don't have to follow all the rules in section 28"

Illustration for Food Act 2014

If you operate a food business, you do not have to follow section 28 if you choose to operate under a food control plan as stated in section 26. You are also exempt from section 28 if you are a person or part of a group that does not have to operate under a registered food control plan or a national programme, as stated in section 31. You can also be exempt from section 28 if you are granted an exemption under section 33.

If you have an exemption under section 349 because you are covered by the Animal Products Act 1999 or under section 350 because you are covered by the Wine Act 2003, then section 28 does not apply to you to some extent. You do not have to follow section 28 to the extent that these exemptions apply to you. This means you are partially exempt from following section 28.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5416729.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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28: Requirement to operate under applicable risk-based measure, or

"Follow the food safety rules that apply to your type of food business to keep people safe."

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30: Where food control plan and national programme do not apply, or

"What to do if you don't have a food control plan or national programme"

Part 2Risk-based measures
General: Requirement to operate under applicable risk-based measure

29Exception to section 28

  1. Section 28 does not apply—

  2. if the operator of the food business chooses, under section 26, to operate the food business under a food control plan; or
    1. to the extent that the operator of the food business is a person or a member of a group that is exempt under section 31 from the requirement to operate under a registered food control plan or a national programme; or
      1. to the extent that the operator of the food business is granted an exemption under section 33; or
        1. to the extent that the operator of the food business is a person who has an exemption under section 349 (certain persons covered by Animal Products Act 1999) or 350 (certain persons covered by Wine Act 2003).