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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Information collection by chief executive

292A: Chief executive may require information to determine safety of food

You could also call this:

"The boss of food safety can ask for information to make sure food is safe to eat."

Illustration for Food Act 2014

The chief executive can ask you for information to check if food is safe. They can do this if they think the food might make people sick or hurt them, and they need to act quickly to protect consumers. They will ask you for information if they think you have it and it will help them understand the safety of the food.

The chief executive can ask you for information about food, things used to make or handle food, or places where food is made or sold. They can also ask about things that might be hazardous. When they ask you for information, they must do it in writing.

The chief executive can ask you to give the information to them or a food safety officer, and they can say when they need it. They can also make a copy of the information. If they make a copy and say it is true, it is presumed to be true unless someone proves it is not.

You must give the chief executive the information they ask for, even if it means you break a contract or agreement. The information you give cannot be used against you in court, unless you gave false information. You can find more information about this in the Food Safety Law Reform Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS19144.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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292: Chief executive may require information from operator to determine safety and suitability of food, or

"The boss of a food safety team can ask food sellers for information to ensure food is safe to eat."

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293: Require production of information if reasonable belief that requirement of this Act has been breached, or

"The chief executive can ask you for information if they think you've broken a food safety rule."

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Information collection by chief executive

292AChief executive may require information to determine safety of food

  1. This section applies if the chief executive—

  2. identifies that the consumption of a food may pose a serious risk of illness or injury to consumers; and
    1. considers that urgent action may be needed to protect consumers from that risk.

      1. The chief executive may require a person who is not an operator of a food business to provide the information described in subsection (3) if—

      2. the chief executive reasonably considers the information is necessary and relevant to determine—
        1. the safety status of food; or
          1. the extent of the risk referred to in subsection (1)(a); or
            1. the action needed to protect consumers from that risk; and
            2. the chief executive reasonably believes that the person has the information.

              1. The information is information about—

              2. food or anything that may become food or anything that has become food:
                1. a food-related accessory used in producing or processing and handling food for sale:
                  1. any place used for the production, processing and handling, or sale of food:
                    1. anything that is or is likely to be a hazard.

                      1. A requirement to provide information under this section must be in writing.

                      2. The chief executive—

                      3. may require the information to be provided to the chief executive or a food safety officer; and
                        1. may require the information to be provided within a time specified by the chief executive; and
                          1. may copy the information or require a food safety officer to copy the information.

                            1. A copy that is made under subsection (5) and certified by the chief executive or the food safety officer as a true and correct copy is presumed to be a true and correct copy until the contrary is proved.

                            2. No person is excused from compliance with a requirement to provide information under this section by reason only that compliance with that requirement would constitute breach of any contract or agreement.

                            3. No evidence of any information that has directly or indirectly been obtained as a result of a person’s compliance with a requirement to provide information under this section may be used against the person in any criminal proceeding, except in a criminal proceeding that concerns the falsity of the information.

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                            Notes
                            • Section 292A: inserted, on , by section 28 of the Food Safety Law Reform Act 2018 (2018 No 3).