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Food Act 2014

Risk-based measures - National programmes - Removal of registration of food business

95: Cancellation of registration

You could also call this:

"When a food business breaks the rules, the registration authority can cancel its licence to operate."

Illustration for Food Act 2014

The registration authority can cancel a food business's registration if they are satisfied that the business should not be operating. You might be wondering what this means - the registration authority is like a referee who makes sure food businesses follow the rules. They can cancel a registration if suspending the business would be justified, but it would be better to cancel it because the business did not fix problems that led to suspension, or because the business has been suspended many times before.

The registration authority can also cancel a registration if a suspension has ended, but the business has not fixed the problems that led to the suspension. If a food business stops operating and does not surrender its registration, or if it fails to pay fees or charges, the registration authority can cancel its registration.

When the registration authority cancels a registration, they must tell the appropriate people, such as the verifier or the chief executive, as soon as possible, in accordance with Part 4 of Schedule 4 and section 90.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5416754.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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94: Removal from public register, or

"When a food business is no longer registered, it gets taken off the public list."

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96: Effective date of cancellation, or

"When your food business registration is cancelled, this is when it officially stops being valid."

Part 2Risk-based measures
National programmes: Removal of registration of food business

95Cancellation of registration

  1. The registration authority may cancel the registration of a food business that is subject to a national programme in accordance with Part 4 of Schedule 4 if satisfied that—

  2. suspending operations of the food business under section 90 would be justified, but it would be more appropriate to cancel the registration of the food business because of—
    1. the failure of the operator of the food business to properly attend to matters that would lead to the suspension; or
      1. repeated suspensions in the past under that section; or
      2. the period of a suspension of the food business under section 90 has expired, but the operator of the food business has failed to properly attend to matters that led to the suspension of operations and there are no reasonable grounds for believing that the operator would properly attend to those matters; or
        1. the operator of the food business has ceased to operate as a producer, processor, or seller of food and has either—
          1. surrendered the registration of the food business; or
            1. failed to surrender the registration of the food business despite reasonable efforts by the registration authority to contact the operator; or
            2. the operator of the food business has failed to pay any fees or charges imposed or prescribed by or under this Act or any regulations made under this Act (excluding any infringement fee).

              1. If the registration authority decides to cancel the registration of a food business that is subject to a national programme, the registration authority must, as soon as practicable, give written notice of the cancellation to—

              2. the appropriate verifier or verification agency (if any); and
                1. the chief executive, if the registration authority is not the chief executive.