The obligation
A defendant charged with selling non-complying food has a defence if it sold the food in its original package and could not reasonably have known of the offence.
The defendant must prove that they bought the food in a package and sold it in the same package and in the same condition as when bought. The defendant must also prove they could not reasonably have found out that selling the food would constitute the offence charged. These defences apply only to offences involving the sale of non-complying food.
- What
- A defendant charged with selling non-complying food has a defence if it sold the food in its original package and could not reasonably have known of the offence.
- Source
- legislation.govt.nz
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Frequently asked questions
Which WHS law does this come from?
Defence for selling food in its original package is a WHS requirement set out in Food Act 2014 (NZ). The relevant provision is Part 4.
What does this WHS obligation require?
Defence for selling food in its original package is a WHS obligation under Food Act 2014 (NZ). In short, A defendant charged with selling non-complying food has a defence if it sold the food in its original package and could not reasonably have known of the offence.
What changed recently?
Defence for selling food in its original package was last updated on 19 October 2026.