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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

164: Method of withdrawal of recognition

You could also call this:

"What happens when a food safety recognition is taken away"

Illustration for Food Act 2014

If the chief executive decides to withdraw recognition from an agency, person, or class, they must notify them as soon as possible. You will be told if you are an agency or person who has lost recognition, or if you are responsible for someone who has. The chief executive will also tell you if an agency you are part of has lost recognition.

The notice of withdrawal must be in writing and will tell you why your recognition was withdrawn, when it takes effect, and what activities it relates to. It will also remind you that you have the right to ask for a review of the decision under section 355.

If your recognition is withdrawn, you must return your notice of recognition to the chief executive as soon as possible and tell your clients that your recognition has been withdrawn. The chief executive may also publish the withdrawal of recognition in the Gazette or according to section 168. You must follow the rules outlined in sections 135, 136, 139, and 140 if your recognition is withdrawn.

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Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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163: Withdrawal of recognition of recognised class, or

"Stopping a food class from being officially recognised"

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165: Surrender of recognition, or

"Giving up your recognised status as an agency or person"

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

164Method of withdrawal of recognition

  1. The chief executive must, as soon as practicable after deciding to withdraw all or part of the recognition of a recognised agency, recognised person, or recognised class, notify—

  2. a recognised agency or recognised person of the withdrawal of recognition of the agency or person; and
    1. a recognised agency of the withdrawal of recognition of a person for whom the agency is responsible; and
      1. a recognised person of the withdrawal of recognition of any recognised agency that is responsible for that person; and
        1. a recognised class and, if there was an applicant on behalf of the class, the applicant of the withdrawal of recognition of the class.

          1. A notice of withdrawal must—

          2. be given to a recognised agency, a recognised person, or an applicant by notice in writing; and
            1. be given to a recognised class by notifying the class in accordance with section 168; and
              1. specify—
                1. the reason for the withdrawal; and
                  1. the date and time the withdrawal takes effect; and
                    1. the specified functions and activities that the withdrawal relates to; and
                    2. set out the right of the recognised agency, recognised person, or recognised class (under section 355) to seek a review of the decision to withdraw the recognition.

                      1. The chief executive may notify any withdrawal of recognition in the Gazette.

                      2. An agency or a person who is recognised under any of sections 135, 136, 139, and 140 and whose recognition is withdrawn must return the agency’s or person’s notice of recognition to the chief executive as soon as practicable after the withdrawal of recognition takes effect.

                      3. An agency or a person whose recognition is withdrawn must, as soon as practicable after the withdrawal of recognition takes effect, take reasonable steps to notify each person who was a client of the agency or person immediately before the withdrawal that the agency's or person’s recognition has been withdrawn.