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Food Act 2014

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

32: Exemption does not apply in prescribed circumstances

You could also call this:

"Some foods or people are not exempt from rules in certain situations, even if they normally are."

Illustration for Food Act 2014

The Governor-General can make rules that say some foods or people are not exempt from certain rules. This means that even if someone is normally exempt, they might not be in certain situations. You can find out more about when someone is exempt in section 31.

When the Minister is thinking about making these rules, they have to consider whether the food is safe to eat. They also have to make sure that the right people have been consulted, as outlined in section 379.

These rules are a type of secondary legislation, which you can learn more about 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=DLM5416732.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 2Risk-based measures
General: Requirement to operate under applicable risk-based measure

32Exemption does not apply in prescribed circumstances

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing that the exemption in section 31 does not apply to the following:

  2. any food or any 1 or more classes or descriptions of food:
    1. any 1 or more classes or descriptions of persons who trade in food:
      1. any 1 or more classes or descriptions of operations or places in relation to any trade in food:
        1. any combination of the things referred to in paragraphs (a) to (c).

          1. Before recommending the making of regulations under subsection (1), the Minister must—

          2. take into account the need to achieve the safety and suitability of food for sale; and
            1. be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

              1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 32(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).