78Variation of conditions or suspension or cancellation of approval of laboratory

#### 78 Variation of conditions or suspension or cancellation of approval of laboratory 78 Variation of conditions or suspension or cancellation of approval of laboratory > > (1) The Food Authority may vary the conditions of, or suspend or cancel, the approval of a laboratory under this Division. > > > (2) An approval of a laboratory may be suspended or cancelled on one or more of the following grounds— > > > > > (a) if the Food Authority is satisfied that a person providing services at the laboratory has wilfully or negligently contravened or failed to comply with any provision of this Act or the regulations, > > > > > (b) if the Food Authority is satisfied that a person providing services at the laboratory has contravened a condition to which the approval is subject, > > > > > (c) if the Food Authority is satisfied that a person in charge of, concerned in the management of or employed by, the laboratory has a direct or indirect interest in any food business that, in the opinion of the Food Authority, could affect the carrying out of the laboratory’s functions under this Act, > > > > > (d) at the request of the person in charge of the laboratory, > > > > > (e) for any other reason that the Food Authority considers appropriate. > > > (3) The Food Authority may only vary the conditions of, or suspend or cancel, the approval of a laboratory— > > > > > (a) after having given the person in charge of the laboratory— > > > > > > > (i) written reasons of its intention to vary, suspend or cancel, and > > > > > > > (ii) an opportunity to make submissions, and > > > > > (b) after having considered any submissions duly made by the person. > > > (4) Subsection (3) does not apply to the cancellation of an approval at the request of the person in charge of the laboratory. > > > (5) A variation of the conditions of, or the suspension or cancellation of, the approval of a laboratory— > > > > > (a) must be made by notice in writing, and > > > > > (b) must be served on the person in charge of the laboratory, and > > > > > (c) takes effect at the time at which the notice is served or at a later time specified in the notice.