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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Recognised agencies, persons, and classes of persons - Recognition of agencies, persons, and classes of persons

137: Recognition of territorial authorities for certain verification functions and activities

You could also call this:

"Councils help check food businesses follow the rules in their area"

If you have a food business, a territorial authority helps make sure you follow the rules. This authority is in charge of checking food businesses that have a special plan based on a template from section 39. The business must be in the authority's area and sell food directly to people.

When a territorial authority is in charge, it is like they were chosen by the chief executive under section 136 forever. But some rules, like sections 158 to 167, do not apply to the territorial authority. Other rules, like section 147, do apply to the territorial authority.

If you are a territorial authority, you must follow the rules for managing and checking food businesses. The chief executive cannot choose anyone else to do this job, only a territorial authority. Some other rules, like sections 184 to 197, still apply to territorial authorities when they check food businesses.

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Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesGovernment and voting > Local councils
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136: Recognition of certain agencies without application, or

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138: Review of operation of section 137, or

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Recognised agencies, persons, and classes of persons: Recognition of agencies, persons, and classes of persons

137Recognition of territorial authorities for certain verification functions and activities

  1. A territorial authority is recognised as the agency that is responsible for the management and carrying out of verification functions and activities in relation to a food business that is—

  2. operating under a food control plan that is based on a template or model issued under section 39; and
    1. operating entirely within the district of that territorial authority; and
      1. selling food primarily directly to consumers.

        1. The recognition of a territorial authority under subsection (1) must be treated as if it were recognition by the chief executive under section 136 for an indefinite duration.

        2. However, sections 158 to 167 do not apply in respect of a territorial authority's recognition under subsection (1).

        3. To avoid doubt,—

        4. other provisions of this subpart that apply to an agency recognised under section 136 (such as section 147) apply in respect of a territorial authority's recognition under subsection (1); and
          1. nothing in this section limits or affects the application of sections 184 to 197 in respect of a territorial authority managing and carrying out verification functions and activities described in subsection (1).

            1. The chief executive must not recognise any person besides a territorial authority as an agency that is responsible for the management and carrying out of the verification functions and activities described in subsection (1).