Contents (2003 - 43)
Food Act 2003 No 43
Part 3 Emergency powers
30 Making of order
An order may be made under this Part by the Food Authority if the Food Authority has reasonable grounds to believe that the making of the order is necessary to prevent or reduce the possibility of a serious danger to public health or to mitigate the adverse consequences of a serious danger to public health.
31 Nature of order
An order under this Part may do any one or more of the following:(a) require the publication of warnings, in a form approved by the Food Authority, that a particular food or type of food is unsafe,(b) prohibit the cultivation, taking, harvesting or obtaining, from a specified area, of a particular food or type of food,(c) prohibit a particular food or type of food from being advertised or sold,(d) direct that a particular food or type of food consigned or distributed for sale or sold be recalled and specify the manner in which, and the period within which, the recall is to be conducted,(e) direct that a particular food or type of food be impounded, isolated, destroyed or otherwise disposed of and specify the manner in which the impounding, isolation, destruction or disposal is to be conducted,(f) prohibit absolutely the carrying on of an activity in relation to a particular food or type of food, or permit the carrying on of the activity in accordance with conditions specified in the order,(g) without limiting the generality of paragraph (f), impose conditions relating to the taking and analysis of samples of the food or of water or soil or any other thing that is part of the environment in which that activity is carried on in relation to the food,(h) specify methods of analysis (not inconsistent with any methods prescribed by the Food Standards Code) of any samples required to be taken in accordance with the order.
32 Special provisions relating to recall orders
(1) A recall order may require the person, or the persons of a class, that is bound by the order to disclose to the public or to a class of persons specified in the order, in a manner so specified, any one or more of the following:(a) the particular food or type of food to be recalled or disposed of,(b) the reasons why the food is considered to be unsafe,(c) the circumstances in which the consumption of the food is unsafe,(d) procedures for disposing of the food.(2) A person who is required by a recall order to conduct a recall of any food must give written notice to the Food Authority of the completion of the recall as soon as practicable after that completion.(3) A person who is bound by a recall order is liable for any cost incurred by or on behalf of the Food Authority in connection with the recall order and any such cost is taken to be a debt due to the Food Authority from that person.(4) In any proceedings for the recovery of the debt, a certificate signed by the Food Authority stating the amount of any costs and the manner in which they were incurred is evidence of the matters certified.
33 Manner of making orders
(1) An order under this Part:(a) may be made in writing addressed to the person or persons intended to be bound by it, and served on that person or each of those persons, as the case requires, or(b) may be addressed to several persons, to a class of persons, or to all persons.(2) Notice of an order addressed as referred to in subsection (1) (b) setting out the terms of the order and the persons to be bound by the order must, as soon as practicable after the order is made, be published in a newspaper that, in the opinion of the Food Authority, will be most likely to bring the order to the attention of the persons bound by it.(3) An order under this Part, when it takes effect, is binding on the person or persons to whom it is addressed.(4) An order that is served on a person takes effect when it is served.(5) An order, notice of which is published under subsection (2), takes effect at the beginning of the first day on which the notice was published.(6) An order ceases to have effect at the expiration of 90 days after the day on which it takes effect unless it is sooner revoked.(7) Subsection (6) does not prevent a further order being made in the same terms as an order that has expired.(8) An order under this Part may be varied or revoked by the Food Authority in the same manner as the order was made.
(1) A person bound by an order under this Part who suffers loss as a result of the making of the order may apply to the Food Authority for compensation if the person considers that there were insufficient grounds for the making of the order.(2) If there were insufficient grounds for the making of the order, the Food Authority is to pay such compensation to the applicant as is just and reasonable.(3) The Food Authority is to send written notification of its determination as to the payment of compensation under this section to each applicant for the payment of such compensation.(4) If the Food Authority has not determined an application for compensation under this section within 28 days of receiving the application, the Food Authority is taken to have refused to pay any compensation.(5) An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Food Authority as to the refusal to pay compensation or as to the amount of compensation may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997:(a) within 28 days after the day on which notification of the determination was received, or(b) in a case to which subsection (4) applies, within 28 days after the expiration of the 28-day period referred to in that subsection.
35 Failure to comply with emergency order
A person must not, without reasonable excuse:(a) carry on an activity in contravention of any prohibition imposed on the person by an order under this Part, or(b) neglect or refuse to comply with a direction given by such an order, or(c) fail to comply with a condition specified in such an order.Maximum penalty: 500 penalty units in the case of an individual or 2,500 penalty units in the case of a corporation.Note.An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.
36 Limitation on stay of operation of emergency orders
In any proceedings for judicial review or in any other proceedings, a court or tribunal is not authorised to make an interlocutory order that has the effect of staying the operation of an order under this Part.