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Food Act 2014

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

159: Chief executive may extend suspension

You could also call this:

"The boss of food safety can make a time-out longer if rules are not followed."

Illustration for Food Act 2014

The chief executive can extend the suspension period if they think the conditions or actions required have not been met. You might be wondering what this means - the chief executive is a person in charge who makes decisions about food safety. The suspension period is like a time-out, where someone or an organisation is not allowed to do something because they did not follow the rules. The chief executive can extend this time-out if they believe the person or organisation has not done what they were supposed to do.

The chief executive will tell you in writing how long the suspension period will be extended, but it cannot be more than three more months. They have to tell you before the original suspension period ends. The chief executive can also add new conditions that you must meet before the suspension is lifted, or require you to take action to fix the problem that caused the suspension.

The chief executive gets these powers from the Food Act 2014, specifically from section 158 and section 168, and they can also use section 158(3) to impose conditions or requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087055.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Recognised agencies, persons, and classes of persons: Suspension of recognition

159Chief executive may extend suspension

  1. The chief executive may extend the period of a suspension under section 158 if the chief executive has reasonable grounds to believe that—

  2. any conditions imposed under that section have not been satisfied within the suspension period; or
    1. any corrective actions imposed under that section have not been fulfilled within the suspension period.

      1. The period of extension—

      2. may be for any further period that the chief executive notifies in writing to the agency or the person, or notifies to the class in accordance with section 168, before the expiry of the original suspension; but
        1. must not exceed a further 3 months.

          1. The chief executive may (in addition to any conditions or requirements imposed under section 158(3)) do either or both of the following:

          2. impose conditions that must be satisfied before the extended period of suspension is lifted:
            1. require a suspended agency, person, or class to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension.