97Change in details of registration or operation of food

97 Change in details of registration or operation of food business (a) particulars set out in an application for registration or renewal of registration of a food business, or the particulars shown in a certificate of registration, become (or are about to become) inaccurate or inapplicable because of a change in circumstances; or (b) the operation of a food business is changed in a way that may have an adverse effect on the safety of food intended for sale or the sale of food. Examples—changes in circumstances 1 a change in the proprietor of the food business 2 for a food business that is not operated from a vehicle—a change in the location of the premises from which the food business is conducted 3 a change in the kind of food business conducted by the food business 4 a structural change in the premises or a change in the fixtures and fittings for the premises (2) The proprietor of the food business commits an offence if— (a) there is a change in the particulars, or the operation of the food business, mentioned in subsection (1); and

(b) the proprietor does not, as soon as practicable (but within 7 days after the day the change happens)— (i) give written notice of the change to the chief health officer; and (ii) if the change affects particulars shown on the certificate of registration—return the certificate to the chief health officer with the notice. (4) If the change relates to the registration of the food business, the chief health officer may amend or refuse to amend the registration of the (5) The chief health officer may require the proprietor to give the chief health officer any information that the chief health officer reasonably requires to decide whether to amend the registration of the food business. (6) In deciding whether to amend the registration of the food business, the chief health officer may have regard to— (a) whether, because of the change of circumstances, the premises are, or will be, fit for their intended use; and (b) whether the change of circumstances will have an adverse effect on the safety of food intended for sale or the sale of food; and (c) for a change in the proprietor of a food business—any contraventions of this Act by the new proprietor of the food (d) any other matter relevant to the handling of food intended for sale or the sale of food.

(7) For subsection (6) (a), premises are not fit for their intended use if a certificate of occupancy or certificate of regularisation under the Building Act 2004 has not been issued for the premises or the part of the premises proposed to be used in relation to the handling of food (8) If the chief health officer amends the registration of a food business in a way that changes the particulars shown in the certificate of registration and the certificate is returned to the chief health officer, the chief health officer must amend the certificate or issue another certificate for the remainder of the period of the certificate that it replaces.