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Food Act 2014

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

149: Scope, effect, and transfer of recognition

You could also call this:

"What recognition means and how it applies to you or your group"

Illustration for Food Act 2014

When you are recognised as a person or agency, this recognition only applies to you. You must do the specific tasks you are recognised for. If you are part of a group that is recognised, the recognition applies to the whole group and to each person in the group.

If you are in a recognised group, you are a recognised person and you have to follow the rules for recognised persons, which are set out in section 156. You can do the tasks that your group is recognised for, on your own. You are responsible for what you do.

The rules that apply to your group also apply to you, and you must follow them. If your group's recognition is suspended or withdrawn, this also applies to you. You must follow the conditions of recognition imposed on your group under section 147, and any directions or other requirements that apply to your group.

You cannot give your recognition to someone else, and it cannot be automatically given to someone else by law. It only applies to the person or group specified in the notice of recognition, and you must follow the rules that apply to you, including those in section 158(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087042.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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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."

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150: Duration of recognition, or

"How long your food safety recognition lasts"

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

149Scope, effect, and transfer of recognition

  1. Recognition of a recognised agency or a recognised person applies only to the particular agency or particular person specified in the notice of recognition.

  2. If a class of persons is recognised,—

  3. that recognition applies—
    1. to the class as defined in the relevant public register; and
      1. to each member of that class, but only—
        1. to the extent that the member carries out the specified functions and activities for which the class is recognised; and
          1. while the member continues to hold the qualifications or meet the other membership criteria according to which the class is defined in the relevant public register in accordance with section 148(1)(a); and
        2. each member of the class—
          1. is a recognised person; and
            1. is subject to the duties of recognised persons set out in section 156; and
              1. may independently carry out the specified functions and activities for which the class is recognised; and
                1. may have the recognition of the class of which he or she is a member suspended or withdrawn for him or her only; and
                2. all conditions of recognition imposed on the class under section 147, and all directions or other requirements that apply to the class, also apply to, and must be complied with by, each member of the class individually; and
                  1. a suspension or withdrawal of the recognition of the class, and any condition or corrective action imposed under section 158(3) on the suspension of the class, also applies to each member of the class individually; and
                    1. each member of the class who carries out the specified functions and activities for which the class is recognised—
                      1. does so on his or her own account; and
                        1. is personally responsible for his or her own actions or omissions.

                        2. Further to subsection (2), this subpart applies to a recognised person who is recognised by virtue of being a member of a recognised class, as far as applicable and with all necessary modifications, as if—

                        3. a reference to a recognised person's specified functions and activities were a reference to the specified functions and activities of the recognised class of which he or she is a member; and
                          1. a reference to a recognised person's recognition were a reference to the class's recognition; and
                            1. a reference to a recognised person's notice of recognition were a reference to the class's notice of recognition.

                              1. Recognition may not be transferred to a different agency, person, or class of persons, and may not vest by operation of law in any person other than the agency, person, or class of persons specified in the notice of recognition.