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Food for sale - Dunedin City Council

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Dunedin City Council – Kaunihera-a-rohe o Otepoti

Food for sale

The Food Act 2014 requires businesses selling food to be registered (licensed) and verified (audited) to ensure food is being prepared in a safe and suitable manner. If you want to open or take-over a food business we strongly recommend you discuss your plans with Environmental Health staff well before you kick off just to make sure you understand the rules.

Most food operations in the Dunedin area will be registered with the Dunedin City Council. Dairies, takeaways, restaurants, cafes, and small manufacturers for example. These businesses can generally run under a Simply Safe Food Control Plan or National Programme and can be verified by Council Environmental Health staff.

For some larger operations like supermarkets and bigger manufacturing plants registration with the Ministry of Primary Industries (MPI) is more appropriate. Environmental Health staff can guide you to MPI if this is applicable to you.

**Please note if you need advice on preparing and storing food safely at home for your whanau, the Ministry for Primary Industries/ NZ Food Safety website provides plenty of guidance and factsheets we recommend you read.

Chatting with Environmental Health staff

Environmental Health staff can assist you at any stage with further advice or information about operating a food business, but you will need to make an appointment. Contact DCC Customer Services on 03 477 4000 and provide them with the address of your home or premises location, so you can be connected to the correct Area Officer.

  • Starting your own food business  

    Food registration

    All businesses producing food for sale must hold a Certificate of Registration under the Food Act 2014.  These are commonly referred to as food licences. There are different types of licenses depending on what you intend producing.

    Higher risk businesses, for example those that prepare and sell meals, will need to operate a Food Control Plan (FCP). Lower risk businesses, for example those selling pre-packaged foods, will need to operate under a National Programme (NP).

    The Ministry for Primary Industries/NZ Food Safety website provides an online tool called ‘My Food Rules’ to help you find out which type of registration you may need and what the rules are that you will need to follow. Copies of a food control plan or national programme, including some in other languages, can be viewed or downloaded so you can see what you will be required to follow.

    Your premises/site/location

    When you are deciding on where you are going to make your food, you must consider whether the site will be suitable to allow you to receive, store and prepare your food safely. Think about whether it is large enough, in good condition, does it have a suitable water supply, and does it contain the right equipment.

    You may find you need to build or renovate to get the right premises for your business so you should always check with other relevant Council departments for any additional advice and information that may be pertinent to your chosen site, building or renovation plans. You may need to apply for consents or permits to ensure your building and operation are set up legally.

    Producing food at home

    Producing food at home is an option for some low-risk businesses. However, there are some other non-food related issues that may need to be considered such as planning restrictions, changes of use under the Building Act, possible trade waste requirements etc. If you are thinking of using your home-based kitchen to make food for sale, please discuss your proposal with other Council departments to ensure you are operating both your domestic and commercial activities safely and legally.

    Applying for registration

    The process of registering a business is relatively easy but we still strongly recommend you discuss your proposal with Environmental Health staff first so we can direct you along the right path and provide you with the appropriate documentation you may need.

    Once your registration application has been received and payment made, your application will be processed, and a Certificate of Registration emailed directly to you.

    You will need to appoint a verifier as part of your application process.

    Mentoring sessions

    Although these are not compulsory, Environmental Health staff can provide mentoring sessions for guidance on how to develop and implement a Food Control Plan or National Programme, so they work best for you. These sessions can take about an hour and prove very useful to those new to the food industry or for those who haven’t operated a similar system before.

    Please note there is a charge for this service.

  • Verifications (Audits) 

    If you run a food business, you must be checked to ensure you are producing safe and suitable food by following the requirements of your Food Control Plan or National Programme. This is called a verification (also known as an audit) and a person doing these checks is called a verifier.

    If you have registered a Food Control Plan with Dunedin City Council, our staff will automatically carry out your verifications. If you have registered a National Programme, you can appoint either our staff, or another approved verifier, and details of such will need to be provided with your registration application.

    When you first start trading, you must be verified within 4-6 weeks and then the frequency of your next verification requirement will be determined by your licence type and the outcome of each visit.

    A verification will involve observations and discussions regarding your physical premises (eg suitability, cleaning and maintenance), your processes (eg how you train staff, manage your food safety) and the records you are required to keep (eg monitoring results, assurances).

    Any matters that are of concern will be discussed with you at the time and the outcome of our visit will be forwarded to you in a formal report including a statement of your new grade (if applicable).  If a re-visit is necessary to ensure any matters of concern have been satisfactorily addressed, officers will return around a date agreed upon with you.

  • Fees

    Fees are charged for new registration applications and must be paid before your registration certificate will be issued. A verification fee will then be charged separately if applicable.

    Registration renewals and subsequent verifications occur at a frequency dependent upon your registration type and outcomes noted from your verifications. These will be invoiced automatically at the appropriate time.

    Additional fees may be charged at any stage if time is needed to confirm you have addressed any problems or ongoing matters of concern.

  • Food Grading Bylaw 

    Food Grading Bylaw Revocation
    On 29 August 2023, the Council revoked the Food Grading Bylaw, effective from 1 January 2024, as the Food Act 2014 has removed the need for it. The Food Grading Policy, which sits alongside the Bylaw, will also become redundant from 1 January 2024.

    The Food Grading Bylaw 2015 allows for food businesses that are registered with the Dunedin City Council and sell food to the public, to be graded with an A to D grade. The grade allocated is determined by an assessment of the confidence in management, the structure of the premises, the levels of cleaning and sanitation and staff training.

    For new businesses, *most will be sent a Grade Pending (GP) Certificate with your licence. Once you have received your first verification, a grade will be determined by your verifier and a new certificate with your assigned grade will then be issued. Your Grade must be displayed at the main entrance to your premises, in a place easily visible to your customers.

    Grades are reviewed with each verification, or if a complaint investigation reveals the current Grade may no longer be appropriate.

    *Grading is not always appropriate for some types of businesses, but this can be discussed with you in person upon registration.

  • Mobile trading in food 

    If you intend on selling food from a mobile vehicle or stall in a public space, you will need a food registration and a mobile trading permit issued under the Trading in Public Places Bylaw 2020.

    You will need to consider if your food preparation and storage will be solely in the vehicle/stall or whether a ‘base kitchen’ will be required, as this information may need to be noted as part of your food registration.

    It is important to fully read the Bylaw and the Conditions for Mobile Shop Trading factsheet to ensure you are aware of the conditions of your permit, restricted areas where trading is not permitted and leased sites.

  • Making food for fundraising purposes 

    Sausage sizzles, and selling food like jams and cakes, are popular ways to raise money for good causes. If you intend to sell food to the public for fundraising purposes less than 20 times a year, you do not need any food permits or registration. However, the Food Act 2014 still places the responsibility on you, as the food producer, to ensure you sell safe and suitable food. You are welcome to discuss your proposal with us to make sure you understand your responsibilities when selling food. We can provide advice and guidance on how you can transport, store, and prepare food safely, just give us a call on 477-4000 and ask to speak with an Environmental Health Officer.

    Whilst a permit is not required to sell food for fundraising purposes, you will need permission from the landowner of where you intend to trade. If the land is a park, reserve, footpath, or roadside verge, you will need to contact the appropriate Council department for permission. Call 477 4000 to speak with Councils Customer Service Agency, who will put you through to the responsible department.

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