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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Offences - Offences

243: Offence involving breaching or failing to comply with food standard, etc

You could also call this:

"Breaking food safety rules is against the law and can result in a fine"

Illustration for Food Act 2014

If you break or do not follow a food standard rule, you commit an offence. You can break a rule in a joint food standard or a domestic food standard. You can also break a condition set by certain sections of the Food Act, such as sections 27(5)(b), 33(4)(d), 60, 147, 158(3)(a), and 291(6), or by certain clauses of Schedule 4, such as clause 4(4)(e) or 9.

If you are taken to court for breaking a food standard rule, you do not have to have meant to do it. The court will decide if you are guilty or not. There are some defences you can use if you are taken to court, which are explained in sections 251 and 253.

If you are found guilty of breaking a food standard rule, you can get a fine. If you are a company, the fine can be up to $100,000. If you are an individual, the fine can be up to $20,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087080.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesCrime and justice > Criminal law
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242: Offence involving breaching or failing to comply with order, or

"Breaking or not following a food safety order is against the law"

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244: Offence involving breaching or failing to comply with requirement, or

"Breaking a food safety rule is an offence and can result in a fine."

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Offences

243Offence involving breaching or failing to comply with food standard, etc

  1. A person commits an offence if the person breaches or fails to comply with—

  2. a requirement in an adopted joint food standard or a domestic food standard; or
    1. a condition imposed under any of sections 27(5)(b), 33(4)(d), 60, 147, 158(3)(a), and 291(6) or under clause 4(4)(e) or 9 of Schedule 4; or
      1. a requirement imposed on the person by regulations made under section 383.

        1. In a prosecution for an offence against this section, it is not necessary to prove that the defendant intended to commit the offence.

        2. Sections 251 and 253 contain defences to a prosecution for an offence against this section.

        3. A person who commits an offence against this section is liable on conviction,—

        4. for a body corporate, to a fine not exceeding $100,000:
          1. for an individual, to a fine not exceeding $20,000.