In Short
- Based on the level of food safety risk, identify whether your business requires a food control plan or a national programme.
- After developing your plan, have it verified by a recognised agency and register your business with the appropriate authority.
- Certain activities, like occasional fundraising events, may be exempt from requiring a food licence.
Tips for Businesses
Use the Ministry for Primary Industries’ online tool to assess your specific food safety requirements. Ensure your food handling practices comply with New Zealand’s standards to maintain consumer trust and avoid legal issues.
If you want to start a business making, selling or distributing food, you typically need to register your business for a food licence. This means that your business needs to handle and deal with food safely and in line with New Zealand’s food and safety standards. That way, customers know they can trust the food they are eating, and you reduce the risk of opening yourself up to legal troubles. Your business can deal with food in various ways, so it may be hard to understand what kind of food licence you need for your business. This article will explain how food licensing works in NZ and how you can register your food business.
Food Licensing in NZ
In NZ, there are four steps to becoming a licensed food business. These are to:
- find out what kind of plan or programme you need;
- create your plan;
- verify your business; and
- register your business.
Food licensing plans depend on how much risk is associated with how your business handles food. The higher the risk of something going wrong with your food, the stricter the rules you must follow. There is a higher chance of food contamination when you source or make the food than when storing or transporting the food in sealed containers. Therefore, the licence you need depends on your activities.
Every food business in NZ needs rules for how you handle food. There are two types of rule schemes:
- food control plans; and
- national programmes.
To determine which one your business needs, the Ministry of Primary Industries (MPI) has a useful questionnaire you can complete on their website. You will answer a series of questions about how your business deals with food and the associated risk level.
When Do I Not Need a Plan or Programme?
This licensing scheme has some limited exemptions, namely when your food sales would not qualify as commercial business under the Food Act 2014. You would qualify for such an exemption if you are selling food:
- for fundraising less than 20 times year;
- at a one-off event like an annual school fair;
- that has been made or provided by club members for club events, where food is not part of the event’s primary purpose.
You still have to follow safe food guidelines and regulations, but you do not have to apply for any particular licence. For example, if you have a sausage sizzle to raise money for your local rugby club, you do not have to register with MPI.
Continue reading this article below the formWhat Do I Need in My Food Control Plan?
If your business needs a food control plan, then you can use a template from MPI or make your own. Most businesses will start with a template food control plan and tailor it to their specific needs. If you want to make your own, you must satisfy MPI that your plan meets the same food safety standards.
Generally, your food control plan should cover:
- what kind of food you are making;
- where you are making it;
- how you are preparing and sourcing the food;
- what risks are involved;
- how you would manage those risks;
- who is responsible for this process; and
- what you plan to do if something goes wrong.
Verifying Your Plan or Programme
Once you have sorted out the kind of rules you need to follow and have drawn up how you plan to do so, you need to have your plan or programme verified. Either your local council or an independent verification agency can do this.
Registering Your Food Business
After you have been verified, then you are ready to register your new food business. If you are going to be mainly based in one area, you would usually apply to your local council.
If you are going to be in multiple locations, you may need to apply to multiple councils or MPI directly. Registration depends on:
- the type of food control plan or national programme you use; and
- where you are applying.
If you are using a custom food control plan, you will need to apply directly with MPI. When registering, it is important also to know what other kinds of licences you may need. This could include:
- resource consents for your premises;
- an alcohol licence;
- an outdoor dining licence; or
- a mobile trading licence.
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Compliance with Food Safety Standards
Compliance with your food licence is crucial to avoid penalties for non-compliance, such as fines or the discontinuation of your licence. To maintain compliance, you should:
- engage in regular self-audits;
- keep documents; and
- records up to date and ensure your employees are trained appropriately.
Food safety officers have the power to address any breaches or failures to comply with your licence or the legislation, including:
- issuing instant fines for minor offences;
- making a notice for improvement or direction that requires your business to improve your food safety;
- interrupting your business operations to carry out investigations;
- closing or restricting your workplace if your food safety is threatened;
- issuing a compliance order to the district court to make you take certain actions; and
- in case of serious offences, issuing significant penalties.
Key Takeaways
If you wish to open a food business in NZ, you must determine what rules would apply to your business. This will affect what type of licence you need and depends on how you deal with food in your business and the risk level. While there are some exceptions to needing a food licence, you will need one if your food handling qualifies as commercial business.
If you need help complying with food laws, our experienced regulatory and compliance lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0800 005 570 or visit our membership page.
Frequently Asked Questions
If you are selling food commercially, you need to be registered and have a verified food control plan or national programme. This ensures that your food is following health guidelines, and you are handling it in a way that means it is safe for consumers.
You can become a registered business that is licensed to sell food by applying to your local council or the Ministry of Primary Industries. How and where you do so will depend on what kind of food business you are.
Yes, but where you prepare your food has to be in line with national health and safety standards. This would mean that a verifier would come and inspect your home kitchen to ensure that it is up to these standards. You would also need to register your food business.
You can generally sell food without a licence if you are not selling food for commercial purposes. This typically means fundraising, or for one-off events like a school fair.
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