Food

Food Act 2014


Changes under the Food Act 2014

The Food Act 2014 promotes food safety by focussing on the processes of food production and not the premises where it is made. the new act has a sliding scale where businesses that are higher risk, from a food safety point of view, will operate under more stringent food safety requirements than lower-risk food businesses.

Depending on the type of business you have, you may:

  • need to operate under a Food Control Plan (FCP)
  • need to operate under a National Programme (NP)
  • be exempt (i.e. not need to operate under a FCP or NP).

To find out which plan suits your business see the Ministry for Primary Industries' (MPI) Where do I fit tool.

 

Transition period

‘Transition’ is the term used when a food business changes from registration under the 'old' Food Hygiene Regulations 1974 (FHR) to registration under the 'new' Food Act 2014.

By 28 Feb 2019, all food businesses will need to be registered under the Food Act, and the FHR will be revoked.

Until the transition time for your food sector ends, you can continue to operate under existing laws.

View the Food Act information timetable for your sector.

You need to apply to register your food control plan or national programme business 3 months before the final date for registration.

For more information, see the Ministry for Primary Industries website or contact us.


What is a Food Control Plan (FCP)?

A template Food Control Plan (FCP) is a step by step guide on food safety procedures that can be tailored to suit the needs of your business.

It’s a management tool for food business operators.  It includes pre-printed records, forms and a diary.

Operating with the FCP will help your business meet its food safety and suitability requirements and demonstrate your commitment to food safety.

View the Ministry for Primary Industries' video to learn more about Food Control Plans.  

You can view or print the template FCP and diary from the Ministry for Primary Industries'  website.

 


Changes to home based businesses

Food businesses preparing food for sale in a home kitchen can do so as long as they:

You will also need to meet all other legal requirements such as home based area district plans, bylaws and other relevant acts and regulations.

You should consult our building and planning advisors before starting a commercial kitchen at home.

Contact us to talk to a building and planning advisor.

For more information see Guide for food premises operators 2016 (PDF 200KB).


Taking over an existing FCP or NP premises

A FCP and NP is non-transferable.

When a new owner takes over an existing food business they will either need to apply for a new FCP or NP depending on the scope of their business.

To find out which plan suits your business see the Ministry for Primary Industries' (MPI) website Where do I fit tool.


Training requirements for template FCP and NP

Food premises on FCP and NP are exempted from the training requirements under the Food Safety Bylaw 2013. Instead, training requirements will be outlined in your Food Control Plan.  

All your staff should have a good understanding of the FCP requirements related to their area of work.

The day-to-day manager must be familiar with and understand all the procedures in the FCP before training staff.

You will need to complete and sign a staff training record for each person who works in the business.

At present, the council is not approved to complete verifications of National Programmes. The food business must nominate a third party verifier to complete verification. 

This must be included on the application for registration.  For more information see MPI.


Grading for businesses on FCP

Food premises registered under an FCP are graded under the Auckland Council eatsafe scheme. For more information, see eatsafe Auckland.

The grading system for food premises registered under Food Hygiene Regulations 1974 remains unchanged.

Re-grade

Food businesses operating under a Template Food Control Plan are not able to apply for a re-grade.

They are subject to an automatic re-grade, without the need to lodge an application, when they initially satisfy corrective action requests.

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