Food Act 2014

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

147: Chief executive may impose or vary conditions of recognition

You could also call this:

"The boss can add or change rules for people or groups recognised under the Food Act."

When you are recognised under certain sections of the Food Act 2014, such as sections 135, 136, and 139 to 141, the chief executive can impose conditions on you. The chief executive thinks about what conditions are needed when they recognise you. You might be an agency, a person, or a class of persons.

The chief executive can change these conditions later. They can do this by giving you written notice or by notifying your class in accordance with section 168. Before changing a condition, the chief executive usually talks to you about the proposed change, unless you work for the Ministry.

If the chief executive changes a condition, you can ask for a review of that change under section 355. Changing a condition means adding new ones, removing old ones, or amending existing ones. However, if you ask for a change to be made, the chief executive does not need to talk to you about it beforehand, and you cannot ask for a review of that change.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087039.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

146: Proposal to exclude members, or categories of members, from recognition of class, or

"When can some people be left out of a food safety group and what happens next?"

148: Grant of recognition, or

"When someone is officially recognised to do a food safety job, their details are made public and they get a formal notice saying what they can do."

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

147Chief executive may impose or vary conditions of recognition

The chief executive may impose any conditions the chief executive thinks fit when he or she recognises an agency, a person, or a class of persons under any of sections 135, 136, and 139 to 141.
The chief executive may vary any conditions by, as appropriate,—
giving a recognised agency or a recognised person written notice of the variation; or
notifying a recognised class of the variation in accordance with section 168.

However, before varying a condition the chief executive must consult the recognised agency, recognised person, or recognised class in accordance with section 169 about the proposed variation, unless the agency is, or is within, the Ministry or the person is within the Ministry.
If the chief executive varies a condition, the recognised agency, the recognised person, or a member of the recognised class to whom the condition applies may seek a review of the variation under section 355.
Subsections (3) and (4) do not apply if the variation is made on the application of the recognised agency, recognised person, or recognised class in accordance with the terms of that application.
In this section, vary means—
to impose additional conditions; or
to revoke or amend any conditions.