Food Act 2003 No 43
Current version for 1 July 2014 to date (accessed 26 November 2014 at 19:48)
Part 8Division 2Section 102

102   Regulations relating to establishment of food safety schemes

(1)  The regulations may prescribe food safety schemes in relation to a type, class or description of food, food business or activity carried out in respect of food.
(2)  In particular, the regulations prescribing a food safety scheme may make provision for or with respect to the following:
(a)  regulating the handling or sale of food,
(b)  prohibiting activities in relation to the handling or sale of food,
(c)  without limiting the generality of paragraphs (a) and (b), regulating the temperatures at which food must be kept,
(d)  the classification, marking or other identification of food,
(e)  requiring the licensing of activities in relation to the handling or sale of food,
(f)  requiring the licensing of any person, business, premises, vehicle or equipment in relation to the handling or sale of food,
(g)  the imposition of conditions on licences,
(h)  the suspension or cancellation of licences,
(i)  appeals from, or reviews of, decisions made under the regulations in relation to licences or applications for the granting of licences,
(j)  requiring the preparation, implementation, maintenance and monitoring of food safety programs for food businesses to ensure that the provisions of this Act and the regulations are complied with,
(k)  the certification and auditing of programs referred to in paragraph (j),
(l)  the manner of taking samples for the purposes of a food safety scheme,
(m)  the methods of analysis to be observed when carrying out analyses for the purposes of a food safety scheme,
(n)  establishing committees or other bodies with specified functions relating to the monitoring of a food safety scheme at a local level and the making of recommendations on the operation of a food safety scheme at that local level,
(o)  providing for the funding of those committees or bodies by the Food Authority and the accounting by those committees or bodies of any money received from the Food Authority,
(p)  the assessment of risks associated with the handling or sale of different types, classes or descriptions of food or the carrying out of different activities relating to food as part of the same business operation,
(q)  requiring the preparation of plans in the event of the need for a recall of any food,
(r)  requiring persons involved in the handling or sale of food to possess specified qualifications, skills, knowledge or expertise,
(s)  designating the persons who are to be responsible for compliance with the obligations imposed by the regulations,
(t)  requiring the giving of information, returns or notices to an enforcement agency,
(u)  requiring the collection of licence fees and charges on behalf of an enforcement agency and the remission of any such fees or charges to the enforcement agency,
(v)  the deduction of licence fees and other charges owed to an enforcement agency from amounts otherwise payable to the person liable for the fees or charges,
(w)  the liability of persons with respect to amounts for licence fees or other charges collected on behalf of an enforcement agency,
(x)  authorising the imposition of a levy under section 117C and providing for the amount of the levy, or the basis on which it is to be calculated, and for its recovery,
(y)  establishing a method of consultation with the relevant industry or sector of industry for the purposes of the ongoing review of the operation of the food safety scheme,
(z)  establishing consultative bodies for the purposes of paragraph (y) and providing for the membership and procedure of those bodies (including providing, where appropriate, for consumer representation on those bodies),
(aa)  enabling an enforcement agency to undertake functions relating to the education and training of persons in safe food practices in respect of the type, class or description of food, food business or activity to which the food safety scheme relates,
(ab)  without limiting paragraph (d), requiring the branding of sheep meat to identify whether it is lamb or hogget, regardless of whether the purpose of the requirement relates to the safety of meat for human consumption.
(3)  Without limiting subsection (2) (g), the regulations may permit the imposition of conditions of the following kinds on licences issued under a food safety scheme:
(a)  a condition prohibiting the passing on of costs related to licences, or other fees charged under this Act, to another person subject to licence or other fees under this Act,
(b)  a condition requiring a person licensed under this Act to collect, on behalf of the relevant enforcement agency, licence fees or other charges payable by another person under this Act and to remit those fees or charges to the enforcement agency.
(4)  For the purpose of preventing risks to the safety of food for human consumption, the regulations establishing a food safety scheme may extend to anything that is intended as food for animal consumption, or the carrying on of a business or any activity involving the handling or sale of anything that is intended as food for animal consumption.
(5)  It is to be presumed, in the absence of evidence to the contrary, that a regulation relating to anything that is intended as food for animal consumption was made for the purpose referred to in subsection (4).
(6)–(10)  (Repealed)
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