Find out your food safety responsibilities when preparing and selling food in Whakatāne District. You can also find more information on the Ministry of Primary Industries (MPI) website.
If you have questions, visit our Environmental Health team, call us on 07 306 0500 or send us a message at environmentalhealth@whakatane.govt.nz. We're here to help!
Everyone working with food has a responsibility to make sure that the food is safe and suitable to eat:
- 'safe food' won't make people sick
- 'suitable food' meets compositional, labelling and identification requirements and is in the right condition for its intended use
Food stall permit
Food stalls are temporary structures used to sell or give away food at events, fairs, or markets.
A food stall permit is required if you’re selling food fewer than 20 times a year for:
• fundraising
• non-profit purposes
• selling food for profit only once a year.
A copy of your food stall permit must be displayed on your stall, and you must follow the conditions and food safety tips on the back of your permit.
Contact our Customer Services team and let them know you want to apply for a permit.
If you're planning on fundraising more than 20 times a year or selling for profit more than once a year, you need to register a Food Control Plan or National Programme.
| Non-profit/Fundraising | For profit | |||
|---|---|---|---|---|
| Frequency | Up to 20 times a year | 21+ times a year | Only once a year | Twice or more a year |
| Requirements | Food Stall Permit | Register a Food Control Plan or National Programme | Food Stall Permit | Register a Food Control Plan or National Programme |
Food Safety Requirements
The Food Act 2014 and the Food Regulations 2015 apply to all businesses that make, sell, grow, transport, or trade in food. It includes businesses where food is sold, such as school canteens or clubs. It also applies to individuals and businesses that sell food through local markets and online means, Facebook for example. If you make or sell food, you must be registered with the Ministry of Primary Industries (MPI) or your local council.
Under the Food Act 2014, businesses with higher-risk food will operate under more stringent food safety requirements and checks than lower-risk food businesses. Higher-risk businesses must follow a Food Control Plan. Lower-risk business must follow a National Programme - Level 1 (lower-risk), 2, or 3 (higher-risk).
To find out if you qualify for a Food Control Plan or National Programme, and what rules you need to follow, complete MPIs My Food Rules tool on their website. The My Food Rules tool will give you tailored Food Control Plan or National Programme guidance for your business, and tell you if you need to be registered with MPI or Whakatāne District Council.
Registration
If you make or sell food, you must be registered under the Food Act 2014, either with the Ministry of Primary Industries (MPI) or your local council. Failure to register may incur a $450 fine.
Whichever entity you register with will keep records, issue a Notice of Registration, record your business on MPIs national register, and ensure your business is verified.
A Food Control Plan is registered every 12 months, while National Programme is every 24 months.
To register, please provide a completed application form, a completed Scope of Operations form and pay the registration fee. A registration application will not be approved without both forms and the payment.
Renewing registration: If you are registered with Whakatāne District Council we will send out a reminder notice and an invoice for the registration fee the month before expiry. An application form and Scope of Operations form are required for every renewal, and renewal will not be approved without both forms and the payment.
Fees and charges are set out in Whakatāne District Council’s Annual Plan. If you own two or more businesses, you can apply for a multi-site registration which is more cost-effective.
| National Programme | Food Control Plan | |||
|---|---|---|---|---|
| New | Renewal | New | Renewal | |
| $200 | $155 | $310 | $245 | |
| 24 month renewal | 12 month renewal | |||
| Verification fee | Verification fee | |||
| $155/hour | $765 | $560 | ||
Verification
All food businesses must be verified to make sure they are selling safe food. This means following the National Programme or Food Control Plan, and the food rules. You will be verified by a Whakatāne District Environmental Health Officer, or you can choose an independent verifier.
If you are a new business, you must arrange for your verifier to visit within six weeks of getting registered.
How often you get verified will depend on whether you are a Food Control Plan or National Programme. It will also depend on how well you manage food safety. The focus will not be on your kitchen looking a certain way, but on making sure you are following good food safety practices, keeping records and following your Food Control Plan or National Programme.
If Whakatāne District Council is your verifier, we will schedule your verification and notify you by letter or email the month before it’s due. Although we provide this service, please remember it’s the business’ responsibility to ensure verification, and verified on time.
Transferring registration to a new owner
Registration is not transferable between owners. New owners need to make a new application for registration (registration fee, application form, Scope of Operations form) to Whakatāne District Council.
Registration is of the Food Control Plan or National Programme under the owner, not the business premises. This is why registration isn’t transferrable between owners.
Structural alteration or significant changes to food activities
If you make significant changes to what and how kinds of food are being made or sold, this may change which Food Control Plan or National Programme is necessary. Check with us or MPIs My Food Rules tool.
Structural alteration to the premises may require a building consent and/or resource consent. It pays to check your obligations with our Building and Planning team. Alterations and necessary consents are checked during verification.
Footpath seating / Road Occupancy Agreement
Business owners wishing to have tables and chairs for customer use on Council’s footpaths need a Road Occupation Licence. The licence lasts for five years and will be compliance-monitored. There is a one-off application fee of $330. The Council’s roading team administer the agreement and can help answer your questions as to what is needed. The major requirement is 1.3m of footpath to be left for the public.
Please note: Liquor cannot be served on the footpath outside the premises unless the liquor licence recognises the tables as part of the licenced premises.
