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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Rights of access of verifiers, verification agencies, recognised persons, and recognised agencies

295: Rights of access and related powers and duties of recognised persons and recognised agencies

You could also call this:

"Letting food safety inspectors into your workplace to check it's safe"

Illustration for Food Act 2014

When you run a food business, you must let a recognised person or recognised agency into your workplace. They need to check your business is safe, so you must give them access to your workplace, information, documents, and food. You must also let them look at things like containers and packages.

A recognised person or agency will usually tell you they are coming to check your business. However, they do not have to give you notice if it would stop them from doing their job properly. When they arrive, they must tell you who they are and why they are there.

If a recognised person or agency needs to, they can open containers or packages, or mark food and other things. They can also ask you or someone else for help, and you will be protected if you do what they ask.

Some rules from the Search and Surveillance Act 2012 apply when a recognised person or agency is checking your business. This means they must keep some information secret.

A recognised person or agency can ask for your help to do their job. If you help them, you will not get in trouble for what you do. You must do what they ask and follow their instructions.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5431600.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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294: Rights of access and related powers and duties of verifiers and verification agencies, or

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Rights of access of verifiers, verification agencies, recognised persons, and recognised agencies

295Rights of access and related powers and duties of recognised persons and recognised agencies

  1. The operator of a food business must provide a recognised person or recognised agency (other than a verifier or verification agency) with the following, so as to enable the person or agency to perform functions or duties or exercise powers:

  2. reasonable access to places used by the operator for the business; and
    1. reasonable access to information relating to the business; and
      1. reasonable access to documents relating to the business; and
        1. reasonable access to food and to food-related accessories.

          1. The following duties apply:

          2. a recognised person or recognised agency must give reasonable notice of the person's or agency’s intention to perform the functions or duties or exercise the powers; and
            1. the recognised person or each person authorised by the recognised agency for the purposes of paragraph (a) must identify himself or herself on entry to the place and when asked at any time by any person at the place.

              1. A recognised person or recognised agency is not required to comply with subsection (2)(a) if giving notice would defeat the purpose of the particular visit.

              2. A recognised person or recognised agency may do 1 or both of the following if necessary for the purpose of performing the functions or duties or exercising the powers:

              3. open food-related accessories, such as containers and packages:
                1. identify or mark food and food-related accessories.

                  1. A recognised person or recognised agency may ask an operator or another person for assistance in performing the functions or duties or exercising the powers.

                  2. A person providing assistance under subsection (5) is protected from civil and criminal liability for an act that the person does or omits to do—

                  3. under the supervision of, and as instructed by, the recognised person or recognised agency; and
                    1. in good faith.

                      1. Subpart 5 of Part 4 of the Search and Surveillance Act 2012 (privilege and confidentiality) applies to any information or document required to be produced under this section.

                      Notes
                      • Section 295 heading: replaced, on , by section 31(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                      • Section 295(1): amended, on , by section 31(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                      • Section 295(2): replaced, on , by section 31(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                      • Section 295(3): amended, on , by section 31(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
                      • Section 295(4): amended, on , by section 31(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
                      • Section 295(5): amended, on , by section 31(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
                      • Section 295(6)(a): amended, on , by section 31(4) of the Food Safety Law Reform Act 2018 (2018 No 3).