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Contents (2003 - 43)
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Food Act 2003 No 43
Current version for 7 July 2017 to date (accessed 23 August 2017 at 14:32)
Part 6 Division 3 Section 78
78   Variation of conditions or suspension or cancellation of approval of laboratory
(1)  The Food Authority may vary the conditions of, or suspend or cancel, the approval of a laboratory under this Division.
(2)  An approval of a laboratory may be suspended or cancelled on one or more of the following grounds:
(a)  if the Food Authority is satisfied that a person providing services at the laboratory has wilfully or negligently contravened or failed to comply with any provision of this Act or the regulations,
(b)  if the Food Authority is satisfied that a person providing services at the laboratory has contravened a condition to which the approval is subject,
(c)  if the Food Authority is satisfied that a person in charge of, concerned in the management of or employed by, the laboratory has a direct or indirect interest in any food business that, in the opinion of the Food Authority, could affect the carrying out of the laboratory’s functions under this Act,
(d)  at the request of the person in charge of the laboratory,
(e)  for any other reason that the Food Authority considers appropriate.
(3)  The Food Authority may only vary the conditions of, or suspend or cancel, the approval of a laboratory:
(a)  after having given the person in charge of the laboratory:
(i)  written reasons of its intention to vary, suspend or cancel, and
(ii)  an opportunity to make submissions, and
(b)  after having considered any submissions duly made by the person.
(4)  Subsection (3) does not apply to the cancellation of an approval at the request of the person in charge of the laboratory.
(5)  A variation of the conditions of, or the suspension or cancellation of, the approval of a laboratory:
(a)  must be made by notice in writing, and
(b)  must be served on the person in charge of the laboratory, and
(c)  takes effect at the time at which the notice is served or at a later time specified in the notice.