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Food Act 2014

Risk-based measures - Monitoring programmes

103: Regulations and notices about monitoring programmes

You could also call this:

"Rules for keeping food safe through monitoring programmes"

Illustration for Food Act 2014

The Governor-General can make rules about monitoring programmes for food safety. You need to follow these rules to keep food safe. The Minister helps the Governor-General make these rules.

The Minister must consider some things before making these rules, like if they will be cost-effective and if people have been consulted. They must also think about who will pay for the monitoring programme. The Minister can look at section 101(2) to help them make decisions.

The chief executive can add to these rules by giving a notice under section 405. These rules are called secondary legislation, which means they are made under a law, like the Legislation Act 2019.

If the rules say someone can be exempt from following them, the chief executive must make a statement about this. The chief executive can give exemptions, but they must follow the rules and consider things like the circumstances of the person or group. You can find more information about secondary legislation 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=DLM5416759.

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Part 2Risk-based measures
Monitoring programmes

103Regulations and notices about monitoring programmes

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

  2. prescribing 1 or more monitoring programmes:
    1. authorising the chief executive to exempt, after taking into account the matters specified in subsection (2), any person or group of persons from compliance with, or from the application of, any provisions of a monitoring programme.

      1. The matters referred to in subsection (1)(b) are—

      2. the circumstances specified in section 101(2); and
        1. the particular circumstances of the person or group of persons that would make it unreasonable or impracticable for them to comply with the monitoring programme.

          1. Before recommending the making of regulations under this section, the Minister must—

          2. be satisfied that 1 or both of the circumstances specified in section 101(2) apply; and
            1. be satisfied that the monitoring programme is a cost-effective way of providing for the monitoring measures and related activities; and
              1. take into account the following matters:
                1. the need to meet the purpose of this Act:
                  1. the relative cost of having the monitoring programme or not having it, and who bears the cost:
                    1. any other matters that the Minister considers relevant; and
                    2. be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

                      1. The chief executive may, by notice under section 405, supplement regulations made under this section.

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

                      3. If the regulations authorise the granting of exemptions under subsection (1)(b),—

                      4. the instrument granting an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the instrument applies only to 1 or more named persons; and
                        1. the regulations must contain a statement to that effect.

                          1. A notice issued under section 405 in reliance on subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                          Compare
                          Notes
                          • Section 103 heading: amended, on , by section 20(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                          • Section 103(4): inserted, on , by section 20(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                          • Section 103(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 103(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 103(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).