Bylaws

You are here > Home > Council Documents > Bylaws > Part 7 Food Safety

Part 7 Food Safety

The objective of this part of the bylaw is to ensure public health is not compromised by ensuring that all establishments preparing food for sale have on the staff persons who are adequately trained in food hygiene.

This part of the bylaw is made pursuant to Section 64 of The Health Act 1956.

1.0 Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 Introductory and if this part of the bylaw is inconsistent with Part 1 Introductory then the provisions of this part of the bylaw shall prevail.

CERTIFICATE means a unit standard in food safety issued by the New Zealand Qualifications Authority or an equivalent certificate approved by the council.

FOOD HANDLER means any person employed in or on any food premises who at any time may be involved in the manufacture, preparation or packing of food.

EXEMPTED FOOD HANDLER means:
a) Any person employed in any food premises who is not involved in the manufacture, preparation, handling or packing of food but does handle pre packaged foodstuffs at point of sale or in storage.

b) Any person who has a trade qualification that includes an approved safety component.

Exempted food handlers may include:
i) Supermarket checkout operators;

ii) Persons employed exclusively in the handling of packaged goods in storage or the carriage of goods to and from storage;

iii) Persons employed exclusively in the delivery of packaged goods to and from food premises.

iv) Persons employed predominantly in the wholesale or retail sale of fruit or vegetables.

v) Any other person employed in a food premises or who works in connection with any food premises who in the opinion of an authorised officer is an exempted food handler.

FOOD PREMISES shall have the same meaning as in regulation 2 of the Food Hygiene Regulations 1974 but shall not include occasional food premises as defined in that regulation.

HIGH RISK FOOD PREMISES means any food premises involved in the preparation of food for sale excluding premises selling predominantly fruit and vegetables or premises selling predominantly pre-packed food that is not readily perishable.

OCCUPIER shall include the owner of the food premises or any person or persons, occupying the premises and includes any supervisor, food handler, manager or agent acting or apparently acting in the general management or control of the food premises.
Return to top

2.0 Compulsory Training for Food Handlers
2.1 As and from the 1st day of December 2002, all food premises registered pursuant to regulation 4 of the Food Hygiene Regulations 1974 are required to have a complement of food handler staff trained to the appropriate certificate levels as set out under the first sSchedule of this part of the bylaw.

2.2 It shall be the duty of the occupier of every food premises to ensure that new, temporary, or replacement staff are already trained to the appropriate level required by the first schedule of this part of the bylaw or will gain the required level within three months of employment.

2.3 Every food premises shall have at least one person employed in a supervisory and staff training capacity who is trained to the level required under the first schedule of this part of the bylaw.

2.4 In the case of food premises which consist of separate departments or sections, each of which functions more or less in isolation from the others; at least one person shall be appointed to act in a supervisory position within each separate department or section.

2.5 The occupier of every food premises shall ensure that adequate records are kept relating to staff training under the first schedule of this part of the bylaw and that copies of all certificates gained by staff are kept on the premises for perusal by an authorised officer upon request.
Return to top

3.0 Closure of Premises
3.1 Where any food premises or part of any food premises or any appliance, fitting or fixture or other equipment on any food premises by reason of their situation, construction, disrepair, or state are in such a condition that any food in the food premises may be exposed to contamination or taint or become dirty or deteriorated, an authorised officer may serve a notice in writing to the occupier of the premises requiring him/her:

a) To cease the use of the premises as food premises, or to clean or reconstruct, or to repair, the premises, or part of the premises; or

b) To cease to use, or to clean, reconstruct, or repair any appliance, fittings, fixture or other equipment on those premises.

In accordance with the requirements and within the time specified in the notice.

3.2 Where an occupier has been directed to cease to use any food premises the occupier shall not recommence use of those food premises until permission has been given in writing by an authorised officer.

3.3 An occupier shall not continue to operate any food premises if the council has revoked the certificate of registration pursuant to regulation 9(3) and 9(4) of the Health (Registration of Premises) Regulations 1966.

4.0 Offences and Penalty
4.1 Every person who breaches the terms of this part of the bylaw commits an offence and is liable accordingly under the provisions of The Health Act 1956.
Return to top

FIRST SCHEDULE

STAFF TRAINING REQUIRED

By 1/12/2002
A. (i) Food handlers engaged in a supervisory or sole responsibility capacity in high risk food premises shall have passed NZQA Unit Standard Level 1 (15620 – food technology and nutrition) and NZQA Unit Standard Level II (167 – practice food safety methods in a food business) of the certificate.

(ii) Not less than 25 per cent of other food handlers in the premises shall have passed NZQA Unit Standard Level I (15620 – food technology and nutrition).

B. Premises which are not high risk premises, shall have a minimum of one person who has attained NZQA Unit Standard Level I (15620 – food technology and nutrition).

By 1/12/2003
A. (i) Food handlers engaged in a supervisory or sole responsibility capacity in high risk food premises shall have passed NZQA Unit Standard Level III (168 – demonstrate knowledge of food contamination hazards and control methods used in a food business) of the certificate.

(ii) Not less than 50 per cent of other food handlers shall have passed NZQA Unit Standard Level I (15620 – food technology and nutrition).
Return to top