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Food Act 2014

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

162: Withdrawal of recognition of recognised agency or recognised person

You could also call this:

"Stopping an agency or person from doing food safety work if they're not doing it properly"

Illustration for Food Act 2014

The chief executive can withdraw recognition from an agency or person if they have good reasons to believe certain things. You might wonder what these reasons are. They include if the agency or person is no longer suitable to do their job, or if they have not followed the rules in the Food Act 2014, such as those outlined in section 155 or 156.

The chief executive can also withdraw recognition if the agency or person has stopped operating, or if they have not paid their fees after being suspended, as mentioned in section 158(1)(d). Before making this decision, the chief executive must talk to the agency or person about it, unless they work for the Ministry, and follow the process outlined in section 169.

When the chief executive tells the agency or person about the proposed withdrawal, they must explain why and provide all the relevant information they used to make this decision, as required by section 169(a)(i).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087060.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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161: Suspension does not limit other actions, or

"Suspending a food business doesn't stop other actions being taken against it."

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163: Withdrawal of recognition of recognised class, or

"Stopping a food class from being officially recognised"

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

162Withdrawal of recognition of recognised agency or recognised person

  1. The chief executive may withdraw all or part of the recognition of a recognised agency or a recognised person if the chief executive has reasonable grounds to believe that—

  2. suspending all or part of the agency’s or person’s recognition under section 158 (or extending a suspension under section 159) would be justified, but repeated suspensions in the past have been ineffective; or
    1. the agency or person is no longer a fit and proper person to carry out the agency's or person's specified functions and activities; or
      1. the agency or person has failed to comply with section 155 or 156 or any other applicable requirements of this Act, and that failure causes the chief executive to question the agency’s or the person’s ability to carry out the agency's or person's specified functions or activities; or
        1. the agency or person has ceased to operate as a recognised agency or a recognised person; or
          1. the agency or person has continued to fail to pay an ongoing recognition fee, charge, or levy after the agency's or person's recognition has been suspended on the ground set out in section 158(1)(d); or
            1. the agency or person has failed to comply with or maintain any criteria or competencies that led to the recognition of the agency or person; or
              1. the agency is no longer the appropriate agency to hold the recognition, but only if the agency is, or is within, the Ministry or a department as defined in section 5 of the Public Service Act 2020.

                1. However, before withdrawing recognition, the chief executive must consult the agency or person in accordance with section 169 about the proposed withdrawal of recognition, unless the agency is, or is within, the Ministry or the person is within the Ministry.

                2. The notification given to the agency or person in accordance with section 169(a)(i) must—

                3. specify the grounds for the proposed withdrawal; and
                  1. include a copy (or an adequate summary) of all material information the chief executive relies on in proposing to withdraw the recognition.

                    Notes
                    • Section 162(1)(g): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).