Food safety legal action and enforcement

Seizure and detention of food

We can -

  • inspect
  • detain
  • seize

food we suspect might not follow food safety requirements. We can act on a whole batch, lot, consignment or any part of the food.

Food is usually detained if we suspect it is -

  • contaminated
  • likely to cause food poisoning
  • likely to cause any communicable disease

When it has been detained, we might do any of the following -

  • investigate or test the food
  • withdraw the detention - release the food for its intended purpose
  • seize the food

In some cases, we might find it appropriate to seize the food immediately.

Condemnation of food

We can take a sample of any detained or seized food and present it in front of a Justice of the Peace. They will decide whether the food is unfit.

The Justice of the Peace then takes note of the information we give them. They give an order for the food to be condemned or released and withdrawn from detention. If the food is condemned, we will destroy or dispose of it. The cost of destruction will go to the owner.

Voluntary surrender of food

Food owners can surrender food to us voluntarily. Owners can decide to do this, or we may suggest it if the food owner agrees it is not suitable for people to eat.

There is a charge for voluntary surrender of food. For more information about this, contact us.