Businesses must disclose where certain fresh, frozen and thawed food comes from that they supply, offer, or advertise for supply to consumers in New Zealand.
The requirement to disclose only applies to cured pork products and single-ingredient fruit, vegetable, fish, seafood, and meat that is no more than minimally processed. It does not apply to food sold for fundraising or food that is intended for immediate consumption (for example, at restaurants, takeaway shops etc).
The Commission has consulted with a range of industry participants to develop guidance for businesses about the new Consumer Information Standards (Origin of Food) Regulations 2021. The guidance includes information about the types of food included, and what businesses need to do to comply with the Regulations.
How and where to disclose origin information for food
How to disclose
The Regulations do not prescribe exactly how to disclose, except that:
disclosure must be ‘clear and legible text in English or Māori’
disclosure must inform consumers about the country or ocean where the food was grown, raised, harvested or caught.
Where to disclose
The Regulations require disclosure in one of the following ways:
on the food item
on packaging
on signage located next to the food item
in a similar way.
When a regulated food item is offered or advertised then the Regulations require that the origin information be disclosed as part of the offer or advertisement.
The key point is that there must be a clear connection between the disclosure and the food item. We encourage you to read the specific Regulation about how information must be disclosed.
Regulations apply to certain fresh and thawed food*
12 May 2023
Regulations apply to certain frozen food
*On 9 September 2021, the Government agreed to delay implementation of the Regulations by 3 months from 12 November 2021 to 12 February 2022 to give businesses more time to prepare, recognising the significant disruption caused by the re-emergence of COVID-19 in the community. For more information please see the Ministry of Business, Innovation and Employment's website.
Legal advice
If you are unsure about how the Regulations affect your business, we suggest you obtain independent legal advice. As an enforcement agency, the Commission cannot provide legal advice to individuals or businesses.
Other sources of information
Some industry bodies and associations may provide guidance or information for their members. If you are a member of a trade body or association, you may wish to ask them what support is available.
The Commission can enforce compliance with the Regulations under the Fair Trading Act 1986 by investigating alleged breaches and taking appropriate enforcement action (as required). You can read about our enforcement criteria, as well as how we investigate and enforce regulations in our investigation guidelines.