Food Act 2003

The Food Authority may appoint a relevant body to be an enforcement agency for the purposes of this Act.

The Food Authority is not to appoint a relevant body as an enforcement agency unless the Food Authority—

has consulted with the relevant body and considered any representations made by the relevant body in accordance with the guidelines, and

has considered the resources and skills that will be available to the relevant body to enable the exercise of the functions of an enforcement agency that are proposed to be conferred or imposed on the relevant body, and

in the case of a local council, has considered any representations made by another local council in accordance with the guidelines as to the other local council’s willingness to exercise the functions of an enforcement agency in the area concerned and the resources and skills that will be available to that other local council to enable the exercise of such functions.

An appointment—

is to be by instrument in writing given to the relevant body concerned, and

is to contain any limitations or conditions relating to the exercise of functions by the enforcement agency or the type of functions that may be exercised by the enforcement agency that are imposed under section 111B (whether by reference to a category of functions to be exercised by the enforcement agency or otherwise), and

takes effect from a day specified in the instrument of appointment.

The Food Authority may appoint a local council as an enforcement agency in respect of any or all of the following—

its own local government area or part of its own local government area,

another local government area or part of another local government area, but only after consultation with the local council of that other area,

an area that is not within a local government area.

Nothing in this Act prevents the Food Authority from appointing more than one enforcement agency in respect of the same area so long as each of those enforcement agencies is only authorised to exercise functions under this Act in relation to that area that are different from the functions that may be exercised under this Act in relation to that area by any other enforcement agency.