australia nz food authority act 1991

7/28/2019 Australia NZ Food Authority Act 1991

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Australia New Zealand Food Authority

Act 1991

Act No. 118 of 1991 as amended

This compilation was prepared on 17 July 2001

taking into account amendments up to Act No. 81 of 2001

The text of any of those amendments not in force

on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,

Attorney-Generals Department, Canberra


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Australia New Zealand Food Authority Act 1991 iii

Contents

Part 1Preliminary 11 Short title [see Note 1] ..................... ..................... ...................... .......1

2 Commencement [see Note 1] ...................... ..................... ..................1

2A Object of Act......................................................................................1

3 Interpretation......................................................................................2

3A Meaning of food.................................................................................5

3B Declaration of what is food................................................................6

4 Operation of Act ................................................................................6

5 Act to bind Crown..............................................................................7

Part 2Establishment, functions and powers of authority 8

6 Establishment of Authority ................................................................8

7 Functions............................................................................................8

8 Powers .............................................................................................10

9 Matters that may be included in standards and variations of

standards ..................... ...................... ...................... ...................... ...11

9A Codes of practice..............................................................................13

10 Objectives of the Authority in developing food regulatory

measures and variations of food regulatory measures ......................13

10A Authority to develop three year plan................................................13

11 Minister may give directions............................................................14

11A Notices to be given to the Gene Technology Regulator ...................14

Part 3Food regulatory measures 15

Division 1Applications for the development and variation of

food regulatory measures 15

12 Applications for development or variation of a food

regulatory measure...........................................................................15

12A Withdrawal of application................................................................15

12B Refund of charge if application is withdrawn...................................16

13 Authority to make preliminary assessment of application................17

13A Outcome of preliminary assessment.................................................17

14 Authority to invite submissions........................................................18

15 Full assessment of application..........................................................19

15A Outcome of full assessment .............................................................20

16 Notice following preparation of draft food regulatorymeasure or variation (charge fixed under section 66).......................21

17 Notice following preparation of draft food regulatory

measure or variation (no charge fixed under section 66)..................22

17A Notice following rejection of application.........................................23


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17B Authority must approve or reject codes of practice..........................23

18 Authority must make recommendation to Council about draft

standards etc.....................................................................................24

19 Authority must notify outcome of inquiry about draft

standards etc. [see Note 2] ...............................................................24

20 Council must deal with recommendation made by Authority

about draft standards etc...................................................................25

Division 1AAuthority may deal with less significant

applications for draft standards etc. 27

20A Authority (rather than Council) may deal with less significant

applications for draft standards etc...................................................27

20B Notice of decisions under section 20A.............................................28

20C Council taken to have adopted etc. draft standard etc. .....................28

20D Division applies to draft variations of standards ..............................29

Division 2Proposals by the Authority for the development and

variation of food regulatory measures 30

21 Authority may prepare proposal for development or variation

of a food regulatory measure............................................................30

22 Authority to invite submissions........................................................30

23 Full assessment ................................................................................30

24 Notice following preparation of draft regulatory measure or

variation ..................... ...................... ...................... ...................... ....31

25 Notice following abandonment of proposal .....................................31

25A Authority must approve or reject codes of practice..........................32


standards etc.....................................................................................3227 Authority must notify outcome of inquiry about standards

etc. ...................................................................................................33


about draft standards etc...................................................................34

Division 2AAuthority may deal with less significant proposals

for draft standards etc. 36


proposals for draft standards etc.......................................................36

28B Notice of decisions under section 28A.............................................36

28C Council taken to have adopted etc. draft standard............................37

28D Division applies to draft variations of standards ..............................38

Division 3Miscellaneous 39

29 Inquiries may include public hearings..............................................39

30 General conduct of inquiries ............................................................39

30A Authority may give notice................................................................39


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30B Manner of giving notice ...................................................................40

31 Reconsideration of draft standard or variation by Authority ............40

32 Publication of standard or variation .................................................4133 Review of food regulatory measures................................................42

34 Authority may require further information.......................................42

35 Authority to make recommendations to Council within a

certain time .................... ...................... ...................... ......................43

36 Authority may simplify application or proposal procedure..............45

36A Authority may rely on work or processes of other

government agencies........................................................................46

37 Authority may make recommendation as a matter of urgency .........47

38 Arrangements with Commonwealth Departments etc. .....................48

39 Confidential commercial information ..............................................49

Part 4The Authority (constitution and meetings), the ChiefExecutive Officer and the Authoritys staff 52

Division 1Constitution and meetings of the Authority 52

40 Constitution of Authority.................................................................52

41 Appointment of members.................................................................54

42 Food Advisory Committee...............................................................54

43 Committees other than the Food Advisory Committee ....................55

44 Remuneration and allowances..........................................................55

45 Leave of absence of members ..........................................................56

46 Acting appointments ........................................................................56

47 Meetings ..........................................................................................57

48 Conduct of meetings ........................................................................5849 Resolutions without formal meetings...............................................58

50 Disclosure of interests......................................................................58

51 Resignation......................................................................................58

52 Termination of appointment.............................................................58

Division 2The Chief Executive Officer 60

52A Appointment ....................................................................................60

52B Duties...............................................................................................60

52C Delegation........................................................................................60

52D Remuneration and allowances..........................................................60

52E Resignation......................................................................................61

52F Other terms and conditions ..............................................................6152G Acting Chief Executive Officer........................................................61

Division 3Staff and consultants 62

53 Staff of Authority [see Note 2].........................................................62


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54 Consultants ......................................................................................62

Part 5Finance 63

55 Money to be appropriated ................................................................63

57 Money of Authority .........................................................................63

58 Taxation ...........................................................................................63

60 Trust money.....................................................................................64

Part 6Miscellaneous 65

61 False or misleading information or evidence....................................65

62 Documents and samples become Commonwealth property .............65

63 Review of decisions .........................................................................65

64 Statement accompanying notification of decisions...........................66

65 Conduct by directors, servants or agents..........................................67

65A Fees for services provided to New Zealand......................................68

66 Charges relating to the Authoritys costs ...................... ...................68

66A Chargelate payment penalty.........................................................69

66B Chargediscount for early payment................................................70

66C Charge and late payment penaltyremissions and refunds .............70

67 Delegation by Authority...................................................................70

68 Exemption from suit ........................................................................70

69 Annual Report..................................................................................71

70 Regulations ......................................................................................71

Notes 73


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Australia New Zealand Food Authority Act 1991 1

An Act establishing an Australia New Zealand Food

Authority with functions relating to thedevelopment of food regulatory measures, and for

related purposes

Part 1Preliminary

1 Short title [see Note 1]

This Act may be cited as theAustralia New Zealand Food

Authority Act 1991.

2 Commencement [see Note 1]

(1) Subject to subsection (2), this Act commences on a day to be fixedby Proclamation.

(2) If this Act does not commence under subsection (1) within theperiod of 6 months beginning on the day on which it receives theRoyal Assent, it commences on the first day after the end of that

period.

2A Object of Act

The object of this Act is to ensure a high standard of public healthprotection throughout Australia and New Zealand by means of the

establishment and operation of a joint Food Authority to achievethe following goals:

(a) a high degree of consumer confidence in the quality andsafety of food produced, processed, sold or exported from

Australia and New Zealand;

(b) an effective, transparent and accountable regulatoryframework within which the food industry can work

efficiently;(c) the provision of adequate information relating to food to

enable consumers to make informed choices;


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Section 3

2 Australia New Zealand Food Authority Act 1991

(d) the establishment of common rules for both countries and thepromotion of consistency between domestic and

international food regulatory measures without reducing thesafeguards applying to public health and consumerprotection.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

appropriate government agency means:

(a) a Department of State of the Commonwealth, and aCommonwealth authority, that is prescribed for the purposesof this paragraph; or

(b) the National Health and Medical Research Council; or

(ba) the Gene Technology Regulator; or

(c) the Department of State of each State and Territory that isprimarily responsible for public health in that State orTerritory; or

(d) a State or Territory authority that is prescribed for thepurposes of this paragraph; or

(e) a Department of State of New Zealand that is nominated bythe government of New Zealand; or

(f) the Department of State of New Zealand that is primarily

responsible for public health; or(g) a New Zealand authority that is prescribed for the purposes

of this paragraph.

Australia New Zealand Food Standards Codemeans the codepublished under the nameFood Standards Code in the Gazette on

27 August 1987 together with any amendments of the standards inthat code:

(a) approved by the Council before this Act commenced and

published in the Gazette as forming part of that code; or

(b) made under this Act.

Authority has the meaning given by subsection (2).

Chief Officermeans:


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Section 3


(a) in relation to a Commonwealth, State, Territory or NewZealand authoritythe person who has the responsibility of

Executive Officer or Chief Executive Officer of thatauthority (whether the person is a member of that authorityor not); and

(b) in relation to any other authority or bodythe person whohas the responsibility for the day to day management of thatauthority or body.

code of practice means a code of practice developed by the

Authority under Part 3. However, a code of practice is not astandard.

committee means a committee established under section 43.

Commonwealth authority means a body, whether corporate or not,

established by the Commonwealth, or by or under a law of theCommonwealth.

confidential commercial information, in relation to food, means:

(a) a trade secret relating to food; or

(b) any other information relating to food that has a commercialvalue that would be, or could reasonably be expected to be,

destroyed or diminished if the information were disclosed.

Councilmeans:

(a) the Council of Commonwealth, State and Territory Ministersthat was established in 1986 by agreement between theCommonwealth, the States and the Northern Territory and isknown as the National Food Standards Council; or

(b) if that Council is reconstituted but continued in existenceunder that name by agreement between the Commonwealth,the States, the Northern Territory and the Australian CapitalTerritory, whether entered into before or after this Actcommencesthat Council as so reconstituted and continuedin existence; or

(c) if that Council is, or has been, reconstituted and continued in

existence under the name Australia New Zealand FoodStandards Council by agreement between theCommonwealth, the States, the Northern Territory and the


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Section 3


Australian Capital Territorythat Council as soreconstituted and continued in existence.

foodhas the meaning given by section 3A.

Food Advisory Committeemeans the Australia New Zealand Food

Authority Advisory Committee continued in existence undersection 42.

food regulatory measure means a standard or a code of practice.

Gene Technology Regulator has the same meaning as in the Gene

Technology Act 2000.

GMO has the same meaning as in the Gene Technology Act 2000.

GM product has the same meaning as in the Gene Technology Act

2000.

member means a member of the Authority and includes theChairperson and the Chief Executive Officer.

New Zealand authoritymeans a body (whether corporate or not)

established by New Zealand, or by or under a law of New Zealand.

prepare includes process, manufacture and treat.

produce includes prepare.

standardmeans:

(a) a standard that has been adopted, or taken to have beenadopted, by the Council under this Act; or

(b) a standard that is included in the Australia New ZealandFood Standards Code.

State or Territory authority means a body, whether corporate ornot, established by a State or Territory, or by or under a law of aState or Territory.

Territory means the Australian Capital Territory and the Northern

Territory.

trust money means money received or held by the Authority ontrust.


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Section 3A


(2) In this Act, a reference to the Authority is a reference to theAuthority continued in existence under section 6 and:

(a) if the Authority is doing anything related to a special purposefor which an appointment has been made under

paragraph 40(1)(e)to the Authority as constituted by themembers mentioned in paragraphs 40(1)(a) to (d) and eachmember appointed for that special purpose under paragraph40(1)(e); and

(b) in any other caseto the Authority as constituted by themembers mentioned in paragraphs 40(1)(a) to (d).

(3) A reference in the definition ofAustralia New Zealand Food

Standards Code in subsection (1) to theamendment of thestandards in that code includes, and is taken always to have

included, a reference to an amendment by way of the insertion,revocation orsubstitution of a standard in that code.

(4) A reference in this Act to the variation of a food regulatorymeasure includes, and is taken always to have included, areference to the revocation of a food regulatory measure.

3A Meaning offood

(1) Foodincludes:

(a) any substance or thing of a kind used, capable of being used,

or represented as being for use, for human consumption(whether it is live, raw, prepared or partly prepared); and

(b) any substance or thing of a kind used, capable of being used,or represented as being for use, as an ingredient or additivein a substance or thing referred to in paragraph (a); and

(c) any substance used in preparing a substance or thing referred

to in paragraph (a); and

(d) chewing gum or an ingredient or additive in chewing gum, orany substance used in preparing chewing gum; and

(e) any substance or thing declared to be a food under adeclaration in force under section 3B.

(It does not matter whether the substance, thing or chewing gum isin a condition fit for human consumption.)


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Section 3B


(2) However,fooddoes not include a therapeutic good within themeaning of the Therapeutic Goods Act 1989.

(3) To avoid doubt,foodmay include live animals and plants.

3B Declaration of what is food

(1) After consulting the Authority, the Minister may make a writtendeclaration that a substance or thing is food for the purposes ofthis Act.

(2) The Minister must cause a copy of the declaration to be publishedin the Gazette and in the New Zealand Gazette.

(3) A declaration takes effect on the day specified in the declaration.That day must not be a day before the declaration is published.

(4) A declaration is a disallowable instrument for the purposes ofsection 46A of theActs Interpretation Act 1901.

4 Operation of Act

(1) Without prejudice to its effect apart from this section, this Act haseffect for any or all of the following purposes:

(a) for purposes connected with fixing:

(i) the standard of food sold by corporations; or

(ii) standards in relation to activities undertaken bycorporations in respect of food before, or in connectionwith, its sale, where, in the case of trading corporations,those activities are undertaken for the purpose of thetrading activities of the corporations;

(b) for the purpose of ensuring, to the extent that theConstitution permits, that trade and commerce in food:

(i) between Australia and places outside Australia; or

(ii) among the States;

is carried on in an efficient and profitable manner;

(c) for purposes connected with the regulation of food and foodstandards in the Territories;

(d) for purposes connected with controlling the standards of allfood supplied to the Commonwealth, its authorities and itsinstrumentalities;


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(e) for purposes connected with the fixing of weights andmeasures in respect of food.

(2) In subsection (1):

corporation means any corporation to which paragraph 51(xx) of

the Constitution is applicable.

trading corporation means a trading corporation to whichparagraph 51(xx) of the Constitution is applicable.

5 Act to bind Crown

This Act binds the Crown in right of the Commonwealth, of eachof the States, of the Australian Capital Territory and of theNorthern Territory but nothing in this Act renders the Crown liableto be prosecuted for an offence.


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Part 2 Establishment, functions and powers of authority

Section 6


Part 2Establishment, functions and powers ofauthority

6 Establishment of Authority

(1) The body known immediately before the commencement of thissubsection as the National Food Authority is continued inexistence as the Australia New Zealand Food Authority.

(2) The Authority:

(a) is a body corporate with perpetual succession; and

(b) must have a seal; and

(c) may sue and be sued in its corporate name.

Note: The Commonwealth Authorities and Companies Act 1997applies tothe Authority. That Act deals with matters relating to Commonwealthauthorities, including reporting and accountability, banking andinvestment, and conduct of officers.

(3) All courts, judges and persons acting judicially must take judicialnotice of the imprint of the seal of the Authority appearing on adocument and are to presume that the document was duly sealed.

7 Functions

(1) The functions of the Authority are:

(a) in accordance with this Act, to develop draft standards and

draft variations of standards, to make recommendations tothe Council in relation to those drafts where necessary and toreview standards; and

(b) in accordance with this Act, to develop draft codes of

practice and draft variations of codes of practice for industryand to review codes of practice; and

(c) to develop guidelines to assist the interpretation of the

Australia New Zealand Food Standards Code on its own

initiative or in consultation with the States, the Territoriesand any other body or person that the Authority considersappropriate; and


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Section 7


(d) to promote consistency between standards in Australia andNew Zealand with those used internationally, based on the

best available scientific evidence; and(e) in consultation with the States and Territories, or on its own

initiative, to facilitate the harmonisation of State andTerritory laws relating to food; and

(f) in consultation with the States and Territories, or on its owninitiative, to co-ordinate the development of procedures

required to implement requirements set out in standards; and

(g) in consultation with the States and Territories, to co-ordinatethe monitoring, surveillance and enforcement of activities

relating to food available in Australia; and

(h) in consultation with the States and Territories, or on its own

initiative, to conduct research and surveys in relation to anyof the matters that may be included in a standard; and

(i) in co-operation with the States and Territories, to developfood education initiatives, including the publication ofinformation to increase public awareness of food standardsand food labels; and

(j) in co-operation with the Department administering Division1A of Part V of the Trade Practices Act 1974, to co-ordinate

the recall of food under that Division; and

(k) at the request of the States and Territories, to co-ordinateaction by the States and Territories to recall food under State

and Territory laws; and

(l) to develop assessment policies in relation to food importedinto Australia; and

(m) to provide advice to the Minister on matters relating to food;

and

(n) to participate in international, regional and bilateralnegotiations on matters that may be included in standards;

and

(o) to make the Authoritys knowledge, expertise, equipment,facilities and intellectual property available to other personson a commercial basis; and

(p) at the request of New Zealand, to perform functions for NewZealand similar to the functions that the Authority mayperform in relation to the States and Territories; and


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Section 8


(q) at the request of New Zealand, to perform functions for NewZealand similar to the other functions that the Authority may

perform; and(r) any functions incidental to any of the foregoing functions.

(2) The function conferred by paragraph (1)(o):

(a) can only be exercised:

(i) for a purpose for which the Parliament has power tomake laws; or

(ii) to utilise the Authoritys spare capacity; and

(b) does not authorise the Authority to do something that would

impede the Authoritys capacity to perform its otherfunctions.

8 Powers

(1) The Authority has power to do all things necessary or convenientto be done in connection with the performance of its functions and,

in particular, may:

(a) enter into contracts; and

(b) acquire, hold and dispose of real or personal property; and

(c) occupy, use and control any land or building owned, or held

under lease, by the Commonwealth and made available forthe purposes of the Authority; and

(d) engage persons to perform services for the Authority; and(e) provide assistance to bodies or persons to prepare

submissions:

(i) relating to the development or consideration of draftfood regulatory measures or draft variations of foodregulatory measures; or

(ii) relating to the performance of any other function of theAuthority;

if the Authority determines that such assistance will advance

the development or consideration of that draft or theperformance of that other function; and

(f) accept gifts, grants, bequests and advances made to theAuthority (whether on trust or otherwise) and act as trustee

of money or other property vested in the Authority on trust;and


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Section 9


(fa) form, or participate in the formation of, companies; and

(fb) subscribe for or purchase shares in, or debentures and other

securities of, companies; and(fc) participate in partnerships, trusts and unincorporated joint

ventures; and

(g) do anything incidental to any of its powers.

(2) The powers of the Authority may be exercised within or outsideAustralia.

9 Matters that may be included in standards and variations of

standards

(1) Standards, and variations of standards, developed by the Authoritymay relate to any of the following:

(a) the composition of food, including:

(i) the maximum amounts of contaminants or residues thatmay be present in the food; and

(ii) its microbiological status and safety; and

(iii) the method of sampling and testing the food to

determine its composition;

(b) the production of food including the maximum or minimumamounts of additives that must or may be used in thepreparation of the food;

(c) the packaging, storage or handling of food;

(ca) the prohibition of the sale of food:

(i) either in all circumstances or in specifiedcircumstances; and

(ii) either unconditionally or subject to specifiedconditions;

(d) any information about food including labelling, promotionand advertising;

(e) the knowledge, skill, health and hygiene requirements forpeople dealing with food;

(f) the responsibilities of businesses that are dealing with foodrelating to any hygiene requirements in force under

paragraph (e) for people involved in the business who aredealing with food;


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Section 9


(g) the responsibilities of businesses that are dealing with foodto ensure that information in connection with hygiene

requirements in force under paragraph (e) that is provided byindividuals involved in the business and who are dealingwith food remains confidential except in specifiedcircumstances;

(h) the use of devices of a particular standard to measure thetemperature of food;

(i) the design, construction, maintenance and cleanliness of:

(i) premises (including fittings and fixtures) at which foodis dealt with; or

(ii) equipment (including single use items) used to dealwith food; or

(iii) vehicles used to transport food;

(j) the information that a business that deals with food may be

required to give about the business to State or Territoryauthorities;

(k) restrictions on the premises at which, and the persons bywhom, particular food may be sold or otherwise supplied;

(l) restrictions on the publications that may containadvertisements for particular food;

(m) requirements relating to animals and pests at premises inwhich food is dealt with, or in vehicles in which food is

transported;(n) the interpretation of other standards;

(o) the application of standards;

(p) such other public health matters relating to food as areprescribed.

(2) Without limiting subsection (1), a standard may relate to:

(a) a class of food generally; or

(b) a particular brand of food.

(2A) To avoid doubt, subparagraphs (1)(ca)(i) and (ii) do not, byimplication, limit any other paragraph of subsection (1).

(2B) The matters to which standards, and variations of standards, mayrelate, are taken always to have included the matter mentioned inparagraph (1)(ca).


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Section 9A


(2C) To avoid doubt, paragraph (2)(a), as in force before thecommencement of this subsection, is taken always to have had

effect as if the reference in that paragraph to type were a referenceto class.

(3) In this section:

dealing, in relation to food, means producing, packaging, storingor handling food.

9A Codes of practice

Codes of practice, and variations of codes of practice, may dealonly with matters that may be included in standards.

10 Objectives of the Authority in developing food regulatory

measures and variations of food regulatory measures

(1) The objectives (in descending priority order) of the Authority indeveloping food regulatory measures and variations of foodregulatory measures are:

(a) the protection of public health and safety; and

(b) the provision of adequate information relating to food toenable consumers to make informed choices; and

(c) the prevention of misleading or deceptive conduct.

(2) In developing food regulatory measures and variations of foodregulatory measures, the Authority must also have regard to thefollowing:

(a) the need for standards to be based on risk analysis using thebest available scientific evidence;

(b) the promotion of consistency between domestic and

international food standards;

(c) the desirability of an efficient and internationallycompetitive food industry;

(d) the promotion of fair trading in food.

10A Authority to develop three year plan

(1) Not later than 30 June in each year, the Authority must developand publish a three year forward plan for applications, proposals


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Section 11


and types of applications and proposals on which it intends todevelop standards or variations to standards.

(2) In developing a three year forward plan, the Authority mustconsult interested persons.

11 Minister may give directions

(1) Subject to subsection (3), the Minister may give written directionsto the Authority as to the performance of its functions and theexercise of its powers and the Authority must comply with thosedirections.

(2) The Minister must cause:

(a) a copy of a direction given under subsection (1); and(b) a written statement of the reasons for giving the direction;

to be laid before each House of the Parliament within 15 sitting

days of that House after the direction is given.

(3) The Minister must consult with the Council before he or she givesa direction under subsection (1).

(4) This section does not affect the application of section 28 of theCommonwealth Authorities and Companies Act 1997in relation to

the Authority.

11A Notices to be given to the Gene Technology Regulator

If a provision of this Act requires the Authority to give a noticeconcerning an existing or proposed food regulatory measure to the

Gene Technology Regulator, the Authority is only required to givethe notice if the food regulatory measure relates to food that is orcontains a GMO or a GM product.


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Food regulatory measures Part 3

Applications for the development and variation of food regulatory measures Division 1

Section 12


Part 3Food regulatory measuresDivision 1Applications for the development and

variation of food regulatory measures

12 Applications for development or variation of a food regulatory

measure

(1) A body or person may apply to the Authority for the developmentor variation of a food regulatory measure.

(2) The application must:

(a) be in writing; and

(b) contain, or be accompanied by, information in support of theapplication; and

(c) be accompanied by an application fee being the sum of:

(i) the charge (if any) fixed under section 66 in relation tothe making of the preliminary assessment of theapplication; and

(ii) the charge (if any) fixed under section 66 in relation tothe giving of notices under section 14 in relation to theapplication.

Note: The Authoritys objectives in developing food regulatory measuresand variations of food regulatory measures are set out in section 10.These objectives should be considered in deciding what information toprovide in support of an application.

(3) The applicant must provide, at the request of the Authority, asample of the food to which the application relates, in such amountand in such manner as is specified by the Authority.

12A Withdrawal of application

(1) The applicant may withdraw the application by giving written

notice to the Authority at any time before:(a) unless paragraph (b) appliesthe Authority makes a

recommendation to the Council under section 18 in relation

to a draft food regulatory measure, or a draft variation of a


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Part 3 Food regulatory measures

Division 1 Applications for the development and variation of food regulatory measures

Section 12B


food regulatory measure, prepared as a result of theapplication; or

(b) the Authority makes a decision in relation to the draft undersubsection 20A(2).

(2) If the Authority receives notice of the withdrawal of theapplication after the application has been accepted (see section13A), the Authority must give written notice of the withdrawal to:

(a) each appropriate government agency; and

(b) each other body or person who made a submission within thespecified period in response to a notice given under section

14, 16 or 17; and

(c) each other body or person who made a submission within the

specified period in response to a notice given under section30A in relation to a notice that the Authority is required togive under section 16 or 17.

12B Refund of charge if application is withdrawn

(1) If:

(a) an application has been accepted by the Authority undersection 13A and the applicant has paid to the Authority acharge mentioned in subsection (2) in relation to theapplication; and

(b) the application is withdrawn under section 12A;the Authority must refund so much of the charge as is equivalentto the sum not expended from the charge as is calculated inaccordance with the regulations.

(2) For the purposes of subsection (1), the charges are charges (if any)fixed under section 66 for:

(a) making the full assessment of the application under section15; and

(b) preparing a draft food regulatory measure, or a draftvariation of a food regulatory measure, under section 15A asa result of the application; and

(c) giving notices under section 16, 17 or 17A in relation to theapplication; and


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Section 13


(d) giving notices under section 30A in relation to a notice thatthe Authority is required to give under section 16, 17 or 17A

in relation to the application; and(e) holding an inquiry under section 16 in relation to a draft food

regulatory measure, or a draft variation of a food regulatorymeasure, prepared as a result of the application.

13 Authority to make preliminary assessment of application

(1) The Authority must make a preliminary assessment of the

application.

(2) In making a preliminary assessment of the application, theAuthority must have regard to the following matters:

(a) whether the application relates to a matter that may bedeveloped as a food regulatory measure, or that warrants avariation of a food regulatory measure, as the case requires;

(b) whether the application is so similar to a previousapplication for the development or variation of a foodregulatory measure that it ought not to be accepted;

(c) whether costs that would arise from a food regulatory

measure developed or varied as a result of the applicationoutweigh the direct and indirect benefits to the community,Government or industry that would arise from the measureor variation;

(d) whether other measures (available to the Authority or not)would be more cost-effective than a food regulatory measuredeveloped or varied as a result of the application;

(e) any other relevant matters.

13A Outcome of preliminary assessment

(1) After making a preliminary assessment of the application, theAuthority must accept or reject the application.

(2) If the Authority accepts the application, the Authority must notify

the applicant in writing:(a) that the application has been so accepted; and

(b) that the Authority will make a full assessment of theapplication; and


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Section 14


(c) that the applicant may make written submissions to theAuthority on matters relevant to the application within a

specified period.

(3) If the Authority rejects the application, the Authority must notifythe applicant in writing that it has been so rejected and givereasons for the rejection.

(4) The Authority must refund the charge mentioned in subparagraph12(2)(c)(ii) if:

(a) the Authority decides to reject the application; and

(b) no application is made to the Administrative AppealsTribunal for a review of the decision within the prescribed

time (within the meaning of section 29 of theAdministrative

Appeals Tribunal Act 1975).

The charge must be refunded as soon as practicable after that time.

(5) The Authority must refund the charge mentioned in subparagraph12(2)(c)(ii) if:


(b) application is made to the Administrative Appeals Tribunalfor a review of the decision; and

(c) the application for review is finalised; and

(d) the decision of the Authority to reject the application isaffirmed.

The charge must be refunded as soon as practicable after theapplication for review is finalised.

14 Authority to invite submissions

(1) After accepting the application, the Authority must:

(a) give public notice of the matters mentioned in subsection (3)by public announcement and dissemination in a form theAuthority considers will be effective in alerting interested

parties to the proposal and which will make the details of theproposal generally accessible; and

(b) give written notice of those matters to each appropriategovernment agency.


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Section 15


(2) The Authority may give notice of the matters mentioned insubsection (3) to another body or person.

(3) A notice under subsection (1) or (2) must:

(a) state that the Authority has received an application for thedevelopment or variation of a food regulatory measure (asthe case requires) on the date specified in the notice; and

(b) state that the Authority has accepted the application aftermaking a preliminary assessment of it; and

(c) state that the Authority will make a full assessment of theapplication; and

(d) state how to obtain further information about the application;and

(e) invite written submissions on matters relevant to theapplication to be made to the Authority within the periodspecified in the notice.

15 Full assessment of application

(1) The Authority must make a full assessment of an application thatit accepts under section 13A.

(2) However, the Authority must not make a full assessment of theapplication unless the applicant pays to the Authority the sum of

the charge (if any) fixed under section 66 in relation to:

(a) the making of the full assessment of the application; and

(b) the giving of notices under section 16, 17 or 17A in relationto the application; and

(c) the giving of notices under section 30A in relation to a noticethat the Authority is required to give under section 16, 17 or17A in relation to the application; and

(d) the preparation under section 15A of a draft food regulatory

measure, or a draft variation of a food regulatory measure, inrelation to the application.

(3) In making a full assessment of the application, the Authority must

have regard to:(a) any submissions made to it within the specified period in

response to a notice given under section 13A or 14; and

(b) the objectives and matters listed in section 10; and


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Section 15A


(c) whether costs that would arise to bodies or persons from afood regulatory measure developed or varied as a result of

the application outweigh benefits that would arise to thepublic from the measure or variation; and

(d) whether there are any alternatives (available to the Authorityor not) which are more cost-effective than a food regulatorymeasure developed or varied as a result of the application;and

(e) any other relevant matters.

15A Outcome of full assessment

(1) After making a full assessment of the application, the Authority

must:(a) prepare in writing a draft food regulatory measure or a draft

variation of a food regulatory measure; or

(b) reject the application.

(2) The Authority must refund the charge mentioned in paragraph15(2)(d) if:


(b) no application is made to the Administrative AppealsTribunal for a review of the decision within the prescribedtime (within the meaning of section 29 of theAdministrative

Appeals Tribunal Act 1975).The charge must be refunded as soon as practicable after that time.

(3) The Authority must refund the charge mentioned in paragraph15(2)(d) if:


(b) application is made to the Administrative Appeals Tribunalfor a review of the decision; and

(c) the application for review is finalised; and

(d) the decision of the Authority to reject the application isaffirmed.

The charge must be refunded as soon as practicable after theapplication for review is finalised.


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Section 16


16 Notice following preparation of draft food regulatory measure or

variation (charge fixed under section 66)

(1) This section applies if:

(a) the Authority prepares a draft food regulatory measure, or adraft variation of a food regulatory measure; and

(b) a charge has been fixed under section 66 in relation to theholding of an inquiry into such a draft.

(2) The Authority must give written notice to the applicant that:

(a) states that the draft has been prepared; and

(b) invites the applicant to request the Authority to hold aninquiry to consider the draft; and

(c) sets out the effect of subsection (4).

(3) The applicant may then ask the Authority to hold an inquiry toconsider the draft. The request must be in writing.

(4) However, the Authority must not hold the inquiry unless theapplicant pays to the Authority the charge fixed under section 66

in relation to the holding of the inquiry.

(5) If the applicant pays the charge referred to in subsection (4) to theAuthority, the Authority must:

(a) by written notice to the applicant, invite written submissions

for the purpose of the inquiry to be made to the Authoritywithin the period specified in the notice; and

(b) give written notice of the matters mentioned in subsection(6) to:

(i) each appropriate government agency; and

(ii) each other body or person who made a submissionwithin the specified period in response to a notice givenunder section 14; and

(iii) the public by announcement and dissemination in aform the Authority considers will be effective inalerting interested parties to the draft and which will

make the details of the draft generally accessible.

(6) A notice under paragraph (5)(b) must:


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Section 17


(a) state that the Authority has prepared a draft food regulatorymeasure, or a draft variation of a food regulatory measure,

and how to obtain further information about it; and(b) state that the Authority will hold an inquiry to consider the

draft; and

(c) invite written submissions for the purpose of the inquiry tobe made to the Authority within the period specified in thenotice.

17 Notice following preparation of draft food regulatory measure or

variation (no charge fixed under section 66)

(1) This section applies if:

(a) the Authority prepares a draft food regulatory measure or adraft variation of a food regulatory measure; and

(b) no charge has been fixed under section 66 in relation to the

holding of an inquiry into such a draft.

(2) The Authority must give written notice of the matters mentionedin subsection (3) to:

(a) the applicant; and

(b) each appropriate government agency; and

(c) each other body or person who made a submission within thespecified period in response to a notice given under section

14; and(d) the public by announcement and dissemination in a form the

Authority considers will be effective in alerting interestedparties to the draft and which will make the details of thedraft generally accessible.

(3) A notice under subsection (2) must:

(a) state that the Authority has prepared a draft food regulatorymeasure, or a draft variation of a food regulatory measure,and how to obtain further information about it; and

(b) state that the Authority will hold an inquiry to consider the

draft; and(c) invite written submissions for the purpose of the inquiry to

be made to the Authority within the period specified in thenotice.


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Section 17A


17A Notice following rejection of application

(1) If the Authority rejects an application under section 15A, theAuthority must give written notice of the decision, and the reasonsfor it, to the applicant.

(2) The Authority must also give written notice of the decision to:


(b) each other body or person who made a submission within thespecified period in response to a notice given under section14.

(3) A notice under subsection (1) or (2) must also state how to obtainfurther information about the decision.

17B Authority must approve or reject codes of practice

(1) If the Authority holds an inquiry to consider a draft code ofpractice or a draft variation of a code of practice, the Authoritymust approve or reject the draft.

(2) If another code of practice would be wholly or partly supersededbecause of the Authoritys decision under subsection (1), theAuthority must:

(a) revoke the other code of practice (if it would be whollysuperseded); or

(b) vary the other code of practice (if it would be partlysuperseded).

(3) The Authority must give written notice of its decision undersubsection (1) or (2) to:



(c) each other body or person who made a submission within thespecified period in response to a notice given under section14.

(4) The notice must:(a) specify the date of effect of the decision; and

(b) state how to obtain further information about the decisionand the reasons for it.


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Section 18



standards etc.

(1) Subject to section 20A, after holding an inquiry to consider a draftstandard or a draft variation of a standard, the Authority mustrecommend to the Council:

(a) that it adopt the draft standard or the draft variation of the

standard; or

(b) that it adopt the draft standard or the draft variation of thestandard subject to such amendments as the Authorityconsiders necessary; or

(c) that it reject the draft standard or the draft variation of thestandard;

and give the Council its reasons for making that recommendation.

(2) If, because of the adoption by the Council of a recommendationunder paragraph (1)(a) or (b) in relation to a draft standard or adraft variation of a standard, another standard would be wholly or

partly superseded, the recommendation to the Council mustinclude:

(a) if the standard would be wholly supersededa

recommendation that the standard be revoked; or

(b) if the standard would be partly supersededarecommendation that the standard be varied in the manner

set out in the recommendation.

19 Authority must notify outcome of inquiry about draft standards

etc. [see Note 2]

(1) If the Authority holds an inquiry to consider a draft standard or adraft variation of a standard, the Authority must give writtennotice of the matters set out in subsection (2) to:



(c) each other body or person who made a submission within the

specified period in response to a notice given under section16 or 17; and

(d) each other body or person who made a submission within thespecified period in response to a notice given under section


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Section 20


30A in relation to a notice that the Authority is required togive under section 16 or 17; and

(e) the public by announcement and dissemination in a form theAuthority considers will be effective in alerting interested

parties to the proposal and which will make the details of theproposal generally accessible.

(2) The notice must:

(a) set out the nature of the recommendation made to theCouncil under section 18; and

(b) state how to obtain further information about the

recommendation and the reasons for it.

20 Council must deal with recommendation made by Authorityabout draft standards etc.

(1) After considering a recommendation made to it by the Authorityunder section 18, the Council must:

(a) adopt the draft standard or the draft variation of the standard;or

(b) make any amendments that it considers necessary to the draftstandard or the draft variation of the standard and adopt thedraft as so amended; or

(c) reject the draft standard or the draft variation of the standard;

or(d) return the draft standard or the draft variation of the standard

to the Authority for reconsideration in whole or in part by

the Authority.

The Councils decision on which of these actions it will take mustbe made, and that action must be taken, within 6 months of themaking of the recommendation, unless it is not practicable to do so

within that time limit.

(2) If, in relation to a draft standard or a draft variation of a standard,the Authority recommends the revocation or variation of anotherstandard under subsection 18(2), the Council must:

(a) if it adopts the draftrevoke or vary the other standardaccordingly; or

(b) if it amends the draftrevoke the other standard, or vary itto the extent that the Council considers necessary; or


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Section 20


(c) if it rejects the draftreject the revocation or variation of theother standard; or

(d) if it returns the draft to the Authority for reconsiderationalso return the recommendation relating to the other standard

to the Authority for reconsideration.

(3) If the Council is of the opinion that it needs more information toenable it to consider a recommendation, the Council may requestthe Authority to provide it with such further information as isspecified in the request.

(4) If the Council requests the Authority to provide the Council withfurther information to enable it to consider a recommendation, thetime taken by the Authority to provide the information needed to

consider the recommendation is not to be included in the periodset out in subsection (1).


33/148


34/148


Division 1A Authority may deal with less significant applications for draft standards

etc.

Section 20B


20B Notice of decisions under section 20A

(1) The Authority must give written notice of its decisions undersubsections 20A(2) and (3), and the reasons for them, to:

(a) the Council; and

(b) the applicant; and

(c) each appropriate government agency; and

(d) each other body or person who made a submission within thespecified period in response to a notice given under section

16 or 17; and

(e) each other body or person who made a submission within thespecified period in response to a notice given under section30A in relation to a notice that the Authority is required to

give under section 16 or 17.

(2) The notice must set out the following:

(a) the draft standard that should be taken to be adopted orrejected by the Council;

(b) the amendments to the draft standard that the Authorityconsiders necessary;

(c) the other standard that should be taken to be revoked by theCouncil;

(d) the nature of the variation of the other standard that shouldbe taken to be made by the Council;

(e) the effect of section 20C.

20C Council taken to have adopted etc. draft standard etc.

(1) If the Authority gives written notice to the Council undersubsection 20B(1) about a draft standard, the Council is taken, forthe purposes of this Act, to have (as set out in the notice):

(a) adopted the draft standard (with any amendments set out inthe notice); or

(b) rejected the draft standard; or

(c) revoked the other standard; or(d) varied the other standard in the way set out in the notice.

(2) The adoption, rejection, revocation or variation takes effect on the

29th day after the date of the notice.


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Authority may deal with less significant applications for draft standards etc. Division

1A

Section 20D


(3) However, if a member of the Council gives written notice to theAuthority, within 28 days after the date of the Authoritys notice

under subsection (1):

(a) that it disagrees with the Authoritys decision undersubsection 20A(1); and

(b) setting out the reasons for its disagreement;

then, the Council must deal with the draft standard under section

20 as if it had been the subject of a recommendation made undersection 18 on the date on which the Authority received the first ofany such notices.

(4) The Authority must give written notice of any disagreement to theCouncil and the applicant.

20D Division applies to draft variations of standards

This Division applies to a draft variation of a standard in the sameway that it applies to a draft standard.


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Division 2 Proposals by the Authority for the development and variation of food

regulatory measures

Section 21


Division 2Proposals by the Authority for thedevelopment and variation of food regulatory

measures

21 Authority may prepare proposal for development or variation of

a food regulatory measure

(1) The Authority may, on its own initiative, prepare a proposal forthe development or variation of a food regulatory measure.

(2) The proposal must be in writing.

22 Authority to invite submissions

(1) After preparing a proposal for the development or variation of afood regulatory measure, the Authority must:

(a) give public notice of the matters mentioned in subsection(3); and

(b) give written notice of those matters to each appropriategovernment agency.

(2) The Authority may give notice of the matters mentioned insubsection (3) to another body or person.

(3) A notice under subsection (1) or (2) must:

(a) state that the Authority has prepared a proposal for thedevelopment or variation of the measure; and

(b) state that the Authority will make a full assessment of theproposal; and

(c) state how to obtain information about the proposal; and

(d) invite written submissions on matters relevant to theproposal to be made to the Authority within the period

specified in the notice.

23 Full assessment

(1) The Authority must make a full assessment of a proposal.


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Proposals by the Authority for the development and variation of food regulatory

measures Division 2

Section 24


(2) In making a full assessment of the proposal, the Authority musthave regard to:

(a) any submissions made to it within the specified period inresponse to a notice sent or published under section 22; and

(b) the objectives and matters listed in section 10; and

(c) any relevant New Zealand standards; and

(d) any other relevant matters.

(3) After making a full assessment of the proposal, the Authoritymust:

(a) prepare in writing a draft food regulatory measure or a draftvariation of a food regulatory measure, as the case requires;or

(b) abandon the proposal.

24 Notice following preparation of draft regulatory measure or

variation

(1) If the Authority prepares a draft food regulatory measure, or a

draft variation of a food regulatory measure, the Authority mustgive written notice of the matters mentioned in subsection (2) to:




(a) state that the Authority has prepared the draft and how toobtain further information about it; and

(b) state that the Authority will hold an inquiry to consider thedraft; and

(c) invite written submissions for the purpose of the inquiry tobe made to the Authority within the period specified in thenotice.

25 Notice following abandonment of proposal

(1) If the Authority abandons a proposal under section 23, it must givewritten notice of that decision to:


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regulatory measures

Section 25A




(2) The notice must state how to obtain further information about thedecision and the reasons for it.

25A Authority must approve or reject codes of practice

(1) After holding an inquiry to consider a draft code of practice or adraft variation of a code of practice, the Authority must approve orreject the draft.

(2) If another code of practice would be wholly or partly supersededbecause of the Authoritys decision under subsection (1), the

Authority must:

(a) revoke the other code of practice (if it would be whollysuperseded); or

(b) vary the other code of practice (if it would be partlysuperseded).

(3) The Authority must give written notice of its decision under

subsection (1) or (2) to:




(a) specify the date of effect of the decision; and

(b) state how to obtain further information about the decisionand the reasons for it.


standards etc.

(1) Subject to section 28A, after holding an inquiry to consider a draftstandard or a draft variation of a standard, the Authority must

recommend to the Council:


39/148



measures Division 2

Section 27


(a) that it adopt the draft standard or the draft variation of thestandard; or



and give the Council its reasons for making that recommendation.

(2) If, because of the adoption by the Council of a recommendationunder paragraph (1)(a) or (b) in relation to a draft standard or adraft variation of a standard, another standard would be wholly orpartly superseded, the recommendation to the Council must

include:(a) if the standard would be wholly supersededa

recommendation that the standard be revoked; or

(b) if the standard would be partly supersededarecommendation that the standard be varied in the mannerset out in the recommendation.

27 Authority must notify outcome of inquiry about standards etc.

(1) After holding an inquiry to consider a draft standard or a draftvariation of a standard, the Authority must give written notice of

the matters set out in subsection (2) to:(a) each appropriate government agency; and


24; and

(c) each other body or person who made a submission within thespecified period in response to a notice given under section30A in relation to a notice that the Authority is required to

give under section 24.


(a) set out the nature of the recommendation made to theCouncil under section 26; and

(b) state how to obtain further information about therecommendation and the reasons for it.


40/148



regulatory measures

Section 28



about draft standards etc.

(1) After considering a recommendation made to it by the Authorityunder section 26, the Council must:

(a) adopt the draft standard or the draft variation of the standard;or

(b) make any amendments that it considers necessary to the draftstandard or the draft variation of the standard and adopt thedraft as so amended; or

(c) reject the draft standard or the draft variation of the standard;or

(d) return the draft standard or the draft variation of the standardto the Authority for reconsideration in whole or in part bythe Authority.

The Councils decision on which of these actions it will take mustbe made, and that action must be taken, within 6 months of themaking of the recommendation, unless it is not practicable to do sowithin that time limit.

(2) If, in relation to a draft standard or a draft variation of a standard,

the Authority recommends the revocation or variation of anotherstandard under subsection 26(2), the Council must:

(a) if it adopts the draftrevoke or vary the other standard

accordingly; or(b) if it amends the draftrevoke the other standard, or vary it

to the extent that the Council considers necessary; or

(c) if it rejects the draftreject the revocation or variation of theother standard; or

(d) if it returns the draft to the Authority for reconsiderationalso return the recommendation relating to the other standardto the Authority for reconsideration.

(3) If the Council is of the opinion that it needs more information toenable it to consider a recommendation, the Council may request

the Authority to provide it with such further information as isspecified in the request.

(4) If the Council requests the Authority to provide the Council withfurther information to enable it to consider a recommendation, the


41/148



measures Division 2

Section 28


time taken by the Authority to provide the information needed toconsider the recommendation is not to be included in the period

set out in subsection (1).


42/148


Division 2A Authority may deal with less significant proposals for draft standards etc.

Section 28A


Division 2AAuthority may deal with less significant

proposals for draft standards etc.


proposals for draft standards etc.

(1) After holding an inquiry to consider a draft standard, the Authoritymay decide that it need not make a recommendation to the Councilunder section 26 about the draft standard because:

(a) the draft standard raises issues of minor significance orcomplexity only; and

(b) the Council has approved a general approach to be appliedin such cases; and

(c) the Authority has not received any substantive objections tothe proposed standard from submissions, includingsubmissions made by consumer or public health bodies.

(2) After making a decision under subsection (1), the Authority mustdecide that:

(a) the draft standard should be taken to be adopted by theCouncil; or

(b) the draft standard should be taken to be adopted by the

Council subject to such amendments as the Authorityconsiders necessary; or

(c) the draft standard should be taken to be rejected by theCouncil.

(3) If another standard would be wholly or partly superseded becauseof the Authoritys decision under subsection (2), the Authoritymay decide that the other standard should be taken to be:

(a) revoked by the Council (if it would be wholly superseded);or

(b) varied by the Council (if it would be partly superseded).

28B Notice of decisions under section 28A

(1) The Authority must give written notice of its decisions undersubsections 28A(2) and (3), and the reasons for them, to:


43/148


Authority may deal with less significant proposals for draft standards etc. Division 2A

Section 28C


(a) the Council; and


(c) each other body or person who made a submission within thespecified period in response to a notice given under section24; and

(d) each other body or person who made a submission within thespecified period in response to a notice given under section30A in relation to a notice that the Authority is required togive under section 24.

(2) The notice must set out the following:

(a) the draft standard that should be taken to be adopted orrejected by the Council;

(b) the amendments to the draft standard that the Authorityconsiders necessary;

(c) the other standard that should be taken to be revoked by theCouncil;

(d) the nature of the variation of the other standard that shouldbe taken to be made by the Council.

28C Council taken to have adopted etc. draft standard

(1) If the Authority has given written notice to the Council undersubsection 28B(1) about a draft standard, the Council is taken, for

the purposes of this Act, to have (as set out in the notice):(a) adopted the draft standard (with any amendments set out in

the notice); or

(b) rejected the draft standard; or

(c) revoked the other standard; or

(d) varied the other standard in the way set out in the notice.

(2) The adoption, rejection, revocation or variation takes effect on the

29th day after the date of the notice.

(3) However, if a member of the Council gives written notice to theAuthority, within 28 days after the date of the Authoritys noticeunder subsection (1):

(a) that it disagrees with the Authoritys decision undersubsection 28A(1); and

(b) setting out the reasons for its disagreement;


44/148


Division 2A Authority may deal with less significant proposals for draft standards etc.

Section 28D


then, the Council must deal with the draft standard under section28 as if it had been the subject of a recommendation made under

section 26 on the date on which the Authority received the first ofany such notices.

(4) The Authority must give written notice of any disagreement to theCouncil.

28D Division applies to draft variations of standards

This Division applies to a draft variation of a standard in the sameway that it applies to a draft standard.


45/148


Miscellaneous Division 3

Section 29


Division 3Miscellaneous

29 Inquiries may include public hearings

(1) An inquiry may, at the discretion of the Authority, include a publichearing.

(2) Where an inquiry includes a public hearing, the Authority, havingregard to the confidential nature of any evidence or matter or for

any other reason, may direct that any part of the hearing be held inprivate and determine who may attend.

(3) The Authority may give directions prohibiting or restricting the

publication of evidence given at an inquiry, whether in public or inprivate, or of matters contained in documents produced at an

inquiry.

30 General conduct of inquiries

Subject to this Act, in an inquiry:

(a) the procedure to be followed is within the Authoritysdiscretion; and

(b) the Authority:

(i) is not bound to act in a formal manner; and

(ii) is not bound by the rules of evidence; and

(iii) may inform itself on any matter in such manner as it

thinks fit; and

(iv) may receive written or oral information or submissions;and

(v) may consult with such persons as it thinks fit.

30A Authority may give notice

(1) If the Authority is required to give notice of a matter to a body orperson under this Part, the Authority:

(a) must give public notice of the matter; and

(b) may also give notice of the matter to another body or person(if it considers it appropriate to do so).


46/148


Division 3 Miscellaneous

Section 30B


(2) A notice given under subsection (1) in relation to a matter need notbe in the same terms as the notice that the Authority is required to

give in relation to the matter.

30B Manner of giving notice

Notice that the Authority is required or permitted to give under

this Part may be given in Australia or New Zealand in any mannerthat the Authority considers appropriate and efficient.

31 Reconsideration of draft standard or variation by Authority

(1) If, under paragraph 20(1)(d) or 28(1)(d), the Council returns a

draft standard or a draft variation of a standard to the Authority for

reconsideration, the Authority must undertake that reconsiderationas soon as practicable but not later than 12 months or such shorterperiod as may be prescribed for the purpose of subsection 35(1)after the return of the draft.

(2) A reconsideration of a draft standard or a draft variation may beconducted in any manner the Authority considers appropriate.

(3) After undertaking a reconsideration of a draft standard or a draftvariation of a standard, the Authority must recommend to theCouncil:

(a) that it adopt the draft standard or the draft variation of thestandard; or



and that recommendation must be dealt with by the Council as if it

were a recommendation under section 18 or 26.

(4) Where the Authority makes a recommendation under paragraph(3)(a) or (b), it must include in the recommendation any matters of

a kind referred to in subsection 18(2) or 26(2), whichever isappropriate.


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Section 32


32 Publication of standard or variation

(1) As soon as practicable after the Council, under section 20 or 28:(a) adopts a draft standard or a draft variation of a standard; or

(b) makes any amendments that it considers necessary to a draftstandard or a draft variation of a standard and adopts thedraft as so amended;

the Authority must:

(c) cause a copy of the draft or the draft as so amended to be

published in the Gazette and in the New Zealand Gazette;

and

(d) specify in the Gazette and in the New Zealand Gazette the

date on which the draft or the draft as so amended is to take

effect.

(2) If, because of the adoption by the Council:

(a) of a draft standard or a draft variation of a standard; or

(b) of a draft standard, or a draft variation of a standard, that hasbeen amended by the Council;

another standard is wholly or partly superseded, a notice publishedunder subsection (1) must:

(c) where the other standard has been revoked because it iswholly supersededidentify the other standard; or

(d) where the other standard has been varied because it is partly

supersededset out the particulars of the variation.

(3) As soon as practicable after the Council is taken to have adopted adraft standard, or a draft variation of a standard, under section 20Bor 28B, the Authority must:

(a) cause a copy of the draft to be published in the Gazette and

in the New Zealand Gazette; and

(b) specify in the Gazette and in the New Zealand Gazette the

date on which the draft takes effect.

(4) If another standard is wholly or partly superseded because the

Council is taken to have adopted a draft standard, or a draftvariation of a standard, a notice published under subsection (3)must:

(a) identify the other standard that is taken to have been revoked

(if it has been wholly superseded); or


48/148


Division 3 Miscellaneous

Section 33


(b) set out the details of the variation that is taken to have beenmade to the other standard (if it has been partly superseded).

33 Review of food regulatory measures

(1) The Authority may review a food regulatory measure at therequest of a body or person, or on its own initiative, in such

manner as the Authority considers appropriate.

(2) As soon as practicable after the Authority has reviewed a foodregulatory measure, it must prepare a proposal for thedevelopment of a food regulatory measure in substitution for thefood regulatory measure that has been reviewed.

(3) When the Authority prepares a proposal under this section,sections 22 to 28D apply in relation to that proposal.

34 Authority may require further information

(1) If the Authority is of the opinion that it needs more information:

(a) to enable a preliminary or full assessment of an applicationfor the development or variation of a food regulatory

measure to be properly made; or

(b) to enable the Authority to complete an inquiry to consider adraft food regulatory measure or a draft variation of a food

regulatory measure that has been prepared as a result of suchan application;

the Authority may request the applicant to provide it with suchfurther information as is specified in the request within suchreasonable time as is specified in the request.

(2) If the applicant refuses or fails to comply with the request, withoutreasonable excuse, the application is taken to have beenwithdrawn. The Authority must give written notice of that fact tothe applicant.

(3) If the Authority accepts an application under section 13A but the

application is taken to have been withdrawn under this section, theAuthority must also give written notice of the withdrawal to:



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14, 16 or 17; and(c) each other body or person who made a submission within the

specified period in response to a notice given under section30A in relation to a notice that the Authority is required togive under section 16 or 17.

35 Authority to make recommendations to Council within a certain

time

(1) Subject to subsection (1A), if the Authority prepares a draft

standard or a draft variation of a standard, it must make a

recommendation to the Council concerning that draft standard orvariation within 12 months or such shorter period as may beprescribed after the receipt of the application that gave rise to thatdraft standard or variation.

(1A) In the case of a draft standard or draft variation of a standardarising from an application considered in year 2 or 3 of theAuthoritys work plan, the Authority must make arecommendation to the Council concerning that draft standard ordraft variation of a standard within 12 months of the beginning ofthe work plan year in which the application was considered.

(2) The Authority may extend the period if it is not practicable for therecommendation or decision to be made within the period.

(3) The maximum period for which an extension may be given undersubsection (2) is 6 months.

(4) If the Authority requests an applicant under subsection 34(1) toprovide it with further information, the time taken by the applicantto provide the information needed by the Authority to enable it tocarry out the function specified in that subsection is not to beincluded in the period set or prescribed for the purpose ofsubsection (1) or set for the purpose of subsection (3).

(5) If:

(a) a body or person applies to the