Food Amendment Act 2002

1: Title
1: This Act is the Food Amendment Act 2002.
2: In this Act, the Food Act 1981 the principal Act
2: Commencement
1: Part 1 Schedules
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to amend certain enactments relating to the safety of food so as to provide for their administration; and
b: to amend the Food Act 1981
1: Administration of enactments relating to food safety
Amendments relating to administration of principal Act
4: Interpretation
1: Section 2 Director-General Minister officer designated officer Director-General Minister Ministry officer section 7
2: Section 25(5) of the Wine Makers Act 1981 Director Director section 2 of the Food Act 1981
5: Appointment of analysts and officers
Section 7 subsection (2)
2A: Officers may be appointed under subsection (1) or subsection (2)
a: individually; or
b: as members of a stated class.
6: Regulations for fees and charges
Section 42A subsection (1)
1: The Governor-General may, by Order in Council made on the advice of the Minister (given after consultation with all organisations or bodies appearing to the Minister to be representative of persons likely to be substantially affected by the regulations), make regulations prescribing all or any of the following:
a: fees to meet, or help meet, any of the costs and expenses described in subsection (1A)
b: charges to meet, or help meet, any of the costs and expenses described in subsection (1A)
c: means by which there may be calculated or ascertained—
i: fees to meet, or help meet, any of the costs and expenses described in subsection (1A)
ii: charges to meet, or help meet, any of the costs and expenses described in subsection (1A)
1A: The costs and expenses referred to in subsection (1)
a: the costs and expenses incurred by the Director-General, the Director, analysts, the Crown, or any other person, in exercising powers, or performing functions or duties, or providing services, under this Act; and
b: the costs and expenses incurred by the Director in exercising powers, or performing functions or duties, or providing services, under any enactment other than this Act (whether the Director has incurred any cost or expense directly, or by arranging for another person to act on the Director's behalf, or help the Director, in exercising, performing, or providing, a power, function, duty, or service).
1B: Subsection (1) section 42 Amendments to other enactments
7: Administration of
Dairy Industry Act 1952 Section 2 of the Dairy Industry Act 1952 Director Minister Director Minister
8: Administration of
Meat Act 1981 Section 2 of the Meat Act 1981 Director-General Minister Ministry Director-General Minister Ministry
9: Consequential amendments
1: The enactments specified in Schedule 2
2: The regulations specified in Schedule 3 Transitional matters
10: Restriction of compensation for technical redundancy arising from transfer of functions under principal Act
1: An employee of the Ministry of Health is not entitled to receive any payment or other benefit on the ground that his or her position in the Ministry of Health has ceased to exist if—
a: the position ceases to exist because of the transfer of the Ministry of Health's functions under the principal Act to the Ministry of Agriculture and Forestry; and
b: in connection with the transfer of functions,—
i: the employee is made an offer of equivalent employment in the Ministry of Agriculture and Forestry; or
ii: the employee is made an offer of other employment in the Ministry of Agriculture and Forestry, and accepts it.
2: An offer of equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment no less favourable than those applying to the employee immediately before the offer (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with the Ministry of Health (and any other period of service recognised by the Ministry of Health as continuous service) as if it were continuous service with the Ministry of Agriculture and Forestry.
11: Application of
State Sector Act 1988 Sections 60 to 61B 65 State Sector Act 1988
12: Application of certain collective agreements to employees affected by transfer of functions under principal Act
1: This section limits which employees may be bound by a collective agreement—
a: that—
i: binds the chief executive of the Ministry of Health before the transfer to the Ministry of Agriculture and Forestry of its functions under the principal Act; and
ii: as a consequence of section 14 collective agreement A
b: binds the chief executive of the Ministry of Agriculture and Forestry before that transfer ( collective agreement B
2: After the transfer,—
a: the only employees of the Ministry of Agriculture and Forestry who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position in the Ministry of Agriculture and Forestry that has been established (whether or not previously existing in the Ministry of Health) to enable the Ministry of Agriculture and Forestry to perform the functions transferred; and
b: the only employees of the Ministry of Agriculture and Forestry who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position other than a position referred to in paragraph (a)
3: Subsection (2)
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements under Part 6 State Sector Act 1988 sections 56(1) 57 62(3) 63(3) 243 Employment Relations Act 2000
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise.
13: Continuation of existing proceedings
1: Any proceedings that, before the commencement of this Act, the Minister of Health has initiated or become a party to in the Minister's capacity as the Minister responsible for the administration of the principal Act may be continued, completed, and enforced by or against the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the principal Act.
2: Any proceedings in relation to the administration of the principal Act or the Wine Makers Act 1981
14: References to functions being transferred
Unless the context otherwise requires, every reference to the Director-General of Health (or the chief executive of the Ministry of Health), in any regulation, rule, order, agreement, deed, instrument, application, notice, direction, contract, lease, or other document in force at the commencement of this Act, when used in relation to the employee's functions, duties, or powers under the principal Act or the Wine Makers Act 1981
2: Safety of certain appliances
15: Interpretation
The definition in section 2 appliance utensil, container, vessel,
16: Regulations
1: Section 42(1)
a: by adding to paragraphs (d) (f) (g) or appliance
b: by inserting in paragraph (e) food or appliance
c: by omitting from paragraph (j) , containers, or instruments , container, or instrument
d: by inserting in paragraph (q) food or appliances
2: Section 42(1) paragraph (u)
u: prohibiting, restricting, or regulating the sale or supply of appliances intended for use in carrying, delivering, manufacturing, packing, preparing, processing, selling, or storing, food that are—
i: made of any material containing any substance capable of imparting any poisonous or injurious property to any food that might be cooked, prepared, served, or stored in those appliances, or prepared with those appliances; or
ii: reasonably suspected by any designated officer of being made of any such material:
17: Validations
1: All regulations made under the principal Act before the commencement of this section are as valid and effectual as if the amendments effected by sections 15 16
2: All actions undertaken, or purportedly undertaken, by any person before the commencement of this section under the principal Act or any regulations made under the principal Act are as valid and effectual as if the amendments effected by sections 15 16
3: Any issue arising in proceedings relating to the principal Act or any regulations made under it commenced before 17 December 1998 must be determined as if subsections (1) (2)