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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

163: Withdrawal of recognition of recognised class

You could also call this:

"Stopping a food class from being officially recognised"

Illustration for Food Act 2014

The chief executive can withdraw recognition of a class if you have reasonable grounds to believe a significant proportion of the class members no longer meet the criteria. This can happen if members have ceased to hold a qualification or meet other membership criteria as defined in the public register according to section 148(1)(a). The chief executive can also withdraw recognition if members have failed to comply with section 156 or other requirements of the Act.

If the chief executive wants to withdraw recognition because the class has failed to comply with requirements, they must first consult the class about the proposed withdrawal in accordance with section 169. The chief executive will notify the class about the proposed withdrawal and must include the reasons for it.

The notification must specify the grounds for the proposed withdrawal and include a copy or summary of the information the chief executive relies on to propose withdrawing the recognition, as stated in section 169(a)(ii).

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162: Withdrawal of recognition of recognised agency or recognised person, or

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

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

163Withdrawal of recognition of recognised class

  1. The chief executive may withdraw all or part of the recognition of a recognised class if the chief executive has reasonable grounds to believe that a significant proportion of the members of the class—

  2. have ceased to hold a qualification or meet 1 or more other membership criteria according to which the class is defined in the relevant public register in accordance with section 148(1)(a); or
    1. have failed to comply with section 156 or any other applicable requirements of this Act, and that failure causes the chief executive to question the class’s ability to carry out the class's specified functions or activities.

      1. However, before withdrawing recognition on the ground set out in subsection (1)(b), the chief executive must consult the recognised class in accordance with section 169 about the proposed withdrawal of recognition.

      2. The notification given to the recognised class in accordance with section 169(a)(ii) 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.