79Cancellation of registration of food business

79 Cancellation of registration of food business (1) Subject to this section, the Chief Health Officer may cancel the registration of a food business. (2) The Chief Health Officer may cancel the registration: (a) if the proprietor contravenes or fails to comply with the registration;

Food Act 2004 43 (b) if the proprietor is found guilty of an offence against this Act or the Regulations, or any other Act or instrument of a legislative or administrative character made under another Act, relating to the conduct of the food business; or (c) for any other reason that the Chief Health Officer considers (3) Before the Chief Health Officer cancels the registration, the Chief Health Officer must give written notice to the proprietor: (a) specifying that he or she proposes to cancel the registration; (b) specifying the reasons for the cancellation; and (c) inviting the proprietor to, within 14 days after the date the proprietor receives the notice, submit reasons why the Chief Health Officer should not cancel the registration. (4) If, having considered the submissions of the proprietor (if any), the Chief Health Officer continues to hold the opinion that the registration should be cancelled, the Chief Health Officer may, by written notice to the proprietor, cancel the registration. (5) Notice under subsection (4) must specify: (a) the reasons for the cancellation; (b) the conditions relating to the cancellation (if any); and (c) the procedures for review under section 84. (6) Cancellation of the registration takes effect on: (a) the date the notice under subsection (4) is received by the proprietor; or (b) the date specified in the notice, whichever occurs last. (7) The proprietor must comply with the notice under subsection (4). Maximum penalty for an offence against subsection (7): If the offender is a natural person – 500 penalty

Food Act 2004 44